It’s Illegal to Wear Headphones while Driving!

car accident attorney
Renee Dial, Esq.

You look over at the car next to you and the driver is wearing ear buds or headphones and you think “how is that safe?” It’s not and its actually against the law.

Wearing headphones/earbuds while driving prevents you from hearing the sounds around such as a driver honking the horn, an ambulance, or another driver screaming that your car is on fire! It is simple to install a bluetooth converter in your car so that you can stream music. There really is no reason to listen to music or your podcast through a headset anymore. Lets think and be safe!

316.304 Wearing of headsets.—(1) No person shall operate a vehicle while wearing a headset, headphone, or other listening device, other than a hearing aid or instrument for the improvement of defective human hearing.(2) This section does not apply to:(a) Any law enforcement officer equipped with any communication device necessary in performing his or her assigned duties or to any emergency vehicle operator equipped with any ear protection device.(b) Any applicant for a license to operate a motorcycle while taking the examination required by s. 322.12(5).(c) Any person operating a motorcycle who is using a headset that is installed in a helmet and worn so as to prevent the speakers from making direct contact with the user’s ears so that the user can hear surrounding sounds.(d) Any person using a headset in conjunction with a cellular telephone that only provides sound through one ear and allows surrounding sounds to be heard with the other ear.(e) Any person using a headset in conjunction with communicating with the central base operation that only provides sound through one ear and allows surrounding sounds to be heard with the other ear.(3) The Department of Highway Safety and Motor Vehicles shall promulgate, by administrative rule, standards and specifications for headset equipment the use of which is permitted under this section. The department shall inspect and review all such devices submitted to it and shall publish a list by name and type of approved equipment.(4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

If you have been involved in a car or motorcycle crash and would like a free consultation to talk. Please give me a call anytime at (321) 926-8002.

Many facts determine the outcome of a case so please do not take any of this information as legal advice.