While there is no federal law specifically prohibiting the use of headphones or earbuds while driving, the legality of this practice can vary significantly from state to state.
Some states completely prohibit the use of headphones while driving, but there are exceptions for certain types of earbuds or single-ear headsets.
Other states are more lenient or have no specific laws on this issue. Therefore, it is essential that drivers familiarize themselves with local and state laws regarding the use of headphones while driving a vehicle.
Is It Legal to Drive With Headphones?
Simply put, it is not illegal to drive with headphones. However, the laws are not always straightforward. While there are no laws prohibiting driving with headphones, it is not recommended.
If a police officer determines that you appear distracted, you can be charged with driving without due care under the Road Traffic Act 1988.
The Road Traffic Act states that safe driving and riding requires concentration, and specifically mentions avoiding distractions such as loud music, as this can mask other sounds, including music or the radio.
Wearing headphones can obviously reduce your ability to concentrate and therefore your ‘attention’. The Road Traffic Act (RTA) 1988 s3ZA defines driving without due care as follows:
A person is considered to be driving without due care if (and only if) his or her driving style falls short of the standard expected of a competent and careful driver.
FAQs
In which states is it legal to wear headphones?
Some states currently do not have specific laws prohibiting the wearing of headphones or earbuds while driving.
This does not necessarily mean that it is safe or advisable to drive with headphones on. Rather, it is simply not explicitly made illegal.
The states where it is legal to wear headphones while driving are Alabama, Arizona, Arkansas, Connecticut, Delaware, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Maine, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, Wisconsin, and Wyoming.
Even if it is not illegal, wearing headphones while driving can be distracting.
Furthermore, laws can change, and while these states may not have specific restrictions now, they may in the future. Always stay up to date with local and state laws before driving with headphones.
In which states is it illegal to wear headphones?
The states that do not allow drivers to wear headphones while driving are California, Louisiana, Maryland, Minnesota, Virginia, and Washington.
However, these states have some exceptions for certain drivers (e.g. emergency service personnel). Also, laws regarding headphone use are rapidly evolving, so it is important to check the specifics of each state’s laws.
Are there penalties for driving with headphones on?
If the police determine that a driver’s ability to drive safely is impaired due to wearing headphones, they can be charged with careless driving or even dangerous driving.
There are different penalties for different careless driving offences, and the decision on the offence is up to the charging officer.
Some offences, such as driving without care, can result in an on-the-spot fine of £100 and three penalty points on your driver’s licence.
In more serious cases, if a collision is involved, a driver can be charged with dangerous driving, which can result in a fine of up to £5,000 and up to 11 penalty points on your licence.
What happens if you get into a crash while wearing headphones?
If you get into an accident while wearing headphones, the police may deem you at fault for driving recklessly.
They may need to analyze the nature of the crash and, if the police find you at fault, you may have to take the matter to court.
Ultimately, wearing headphones while driving is dangerous and unnecessary. You can sync your phone to your car (via Bluetooth or Android Auto/Apple CarPlay) and listen to music, messages, and phone calls through your car’s speakers.
While the sound may be better, some people still believe that hands-free calling while driving can be distracting. You still need to be alert and aware of other sounds around you.
Is it illegal to wear headphones while driving in Texas?
Texas state law does not make it illegal to wear headphones while driving in Texas.
There are instances where you are prohibited from using a “hands-free wireless communication device,” and there may be instances where headphones could be considered a hands-free wireless communication device.
While Texas law favors the use of these devices (as opposed to, say, texting while driving), you should be aware of situations when you should not use wireless communication devices.
Conclusion
Using headphones may seem like a harmless practice that allows you to enjoy music and podcasts while driving. Technically, wearing headphones while driving is within the scope of the law.
However, the potential legal consequences and associated risks make it a good idea to seek alternatives.
There’s a reason why many people don’t see people driving with headphones in their ears, and that’s because of how distracting they can be.
If you’re caught driving with headphones on, regardless of whether or not you’re involved in an accident, it’s a good idea to seek the advice of a traffic attorney.