Who Rides With Earbuds/Headphones [ILLEGAL]

[bulldog]

Well maybe people know, but I never knew that this was illegal and a police officer can give you a ticket for it. Found this out today when Grim's friend got pulled over and the cop let him slide on the ticket, but Grim thought the officer said it would be a $250 fine. Audio of cops threating ticket here (Thanks Grim) http://www.youtube.com/watch?v=Sy2-Q0NpRkc

Per link, I am not sure it is this severe, but I don't like to give a cop any reason tio pullme over or issue another ticket, so thought I would make people aware.

http://www.leg.state.co.us/2003a/ine...ILE/wptemp.txt

WolFeYeZ posted the above link and thought "From what I know you can have earbuds hooked up to your phone as an exemption to this rule. Now if you have music blaring, I'm sure they will assume its not actually for phone use". So maybe this is our loophole if we do get pulled over and threatened with a ticket.


I wore them for years, but recently went back to earplugs; which I use for ear protection because wind noise can be one of the most damaging thing to hearing loss. If anyone knows if these are also illegal please post it up.

[salsashark]

Use to use the little foamy earplugs all the time. I had a set of custom plugs made last year w/ speakers embedded in them. I love them lots. Not only do I use them all the time while riding, I've also found that they are amazing on airplanes. They work better then any noise cancelling headsets I've used.

Since I started wearing them, I've noticed that I can ride much further with little/no fatigue, I don't get headaches and my ears don't ring after a good day of riding.

I don't ride around with music blaring (even if it may be an option), but my hearing is worth it to me... I'd kind of like to keep that. I have two friends who are ex-artillery and they are nearly deaf in their mid-30s. If I can avoid that by being a bit sensible, I'm ok with that. And, if a cop see their way to ticket me for it, I'll deal with that as well.

[TwistyRydr]

Glad we picked up G4's last week. Rather spend the money on that than a stupid ticket!

[salsashark]

^^ My earbuds are plugged into a sena SMH10... The helmets speakers suck. Well, at least Sena's do.

[Mother Goose]

I wear my earphones all the time, and I know it's not legal. I've been pulled over a few times and have never had an officer say anything about them. I have the wireless controller, so I can adjust the volume, pause and what not. I can probably hear more with those in and music play than I can with ear plugs in, which is what I'd put in if a cop hassled me about it.

[brennahm]

Wearing one is not illegal AFAIK, wearing both is technically illegal.

[Wrider]

I just started wearing them. I've proven to myself they're not dangerous in that I usually hear ambulances and other sirens way before the cages around me, even when the music is at the upper threshold of what I like.

[Sarge]

I found a nice pair of headphones that insert into my ears creating a sound barrier, and even came with replaceable tips. I always wear them, and set my volume at a comfortable level while NOT moving, so I know I'm not blowing my ears out even worse than without plugs. I'm an artillery man myself, but I've always paid very close attention to protecting my hearing.

[~Barn~]

From the Colorado Revised Statutes...


42-4-1411. Use of earphones while driving.

(1) (a) No person shall operate a motor vehicle while wearing earphones.
(b) For purposes of this subsection (1), "earphones" includes any headset, radio, tape player, or other similar device which provides the listener with radio programs, music, or other recorded information through a device attached to the head and which covers all of or a portion of the ears. "Earphones" does not include speakers or other listening devices which are built into protective headgear.
(2) Any person who violates this section commits a class B traffic infraction.

Source: L. 94: Entire title amended with relocations, p. 2395, § 1, effective January 1, 1995.

Editor's note: This section is similar to former § 42-4-237 as it existed prior to 1994, and the former § 42-4-1411 was relocated to § 42-4-1611.

[mdub]

i do all the time....cop told me that it was illegal right after he gave me a warning ..cool motorcycle cop...

[Wrider]

From the Colorado Revised Statutes...


42-4-1411. Use of earphones while driving.

(1) (a) No person shall operate a motor vehicle while wearing earphones.
(b) For purposes of this subsection (1), "earphones" includes any headset, radio, tape player, or other similar device which provides the listener with radio programs, music, or other recorded information through a device attached to the head and which covers all of or a portion of the ears. "Earphones" does not include speakers or other listening devices which are built into protective headgear.
(2) Any person who violates this section commits a class B traffic infraction.

Source: L. 94: Entire title amended with relocations, p. 2395, § 1, effective January 1, 1995.

Editor's note: This section is similar to former § 42-4-237 as it existed prior to 1994, and the former § 42-4-1411 was relocated to § 42-4-1611.

So you're saying if we unplug it from whatever device it's plugged into, it's perfectly legal... Gotcha...

[~Barn~]

As your attorney, I advise you to take a hit out of the little brown bottle in my shaving kit. You won't need much, just a tiny taste.

[asp_125]

I've used Skull Candys in the past, but I've noticed my hearing isn't as acute as before, so earplugs for me now. I may get the custom molded Etymotics or the like if I were to go back to earbuds, illegal or not.

[Horsman]

As your attorney, I advise you to take a hit out of the little brown bottle in my shaving kit. You won't need much, just a tiny taste.

LOL !!! http://www.youtube.com/watch?v=RQkEwn3cQns

[CYCLE_MONKEY]

"Earphones" does not include speakers or other listening devices which are built into protective headgear."

The cop at the fatal accident site Saturday was obviously annoyed I couldn't hear him and was fumbling with my controller.....but if his hand signals were actually legible, it wouldn't have been an issue. I would rather use some audiophile quality speakers in my helmet because wearing the earbuds in my ears all day for days starts to hurt, and for whatever reason my left ear cannot retain the buds anyways. Glad to know when I finally make this happen I'll be "legal".

[CYCLE_MONKEY]

As your attorney, I advise you to take a hit out of the little brown bottle in my shaving kit. You won't need much, just a tiny taste.

You took too much, much too much......

[CYCLE_MONKEY]

From the Colorado Revised Statutes...


42-4-1411. Use of earphones while driving.

(1) (a) No person shall operate a motor vehicle while wearing earphones.
(b) For purposes of this subsection (1), "earphones" includes any headset, radio, tape player, or other similar device which provides the listener with radio programs, music, or other recorded information through a device attached to the head and which covers all of or a portion of the ears. "Earphones" does not include speakers or other listening devices which are built into protective headgear.
(2) Any person who violates this section commits a class B traffic infraction.

Source: L. 94: Entire title amended with relocations, p. 2395, § 1, effective January 1, 1995.

Editor's note: This section is similar to former § 42-4-237 as it existed prior to 1994, and the former § 42-4-1411 was relocated to § 42-4-1611.

So, for instance, how are people supposed to use a hands-free phone? The headset isn't "protective gear", so WTF? This law is stupid anyways because you can have it built into your helmet and be legal.....but have the music so loud you can't hear anything else. Or, more likely, be listening to (C)rap so loud that people can hear that shit 4 blocks away.

[Ezzzzy1]

The reason its illegal is because it impairs your ability to hear things. Say an ambulance approaching an intersection. Ear plugs are only rated to a certian amount of noise reduction while earphones can be turned up as loud as wanted. It is not just a motorcycle law, its not legal on any road on or in any vehicle.

[Wrider]

I would rather use some audiophile quality speakers in my helmet because wearing the earbuds in my ears all day for days starts to hurt, and for whatever reason my left ear cannot retain the buds anyways.

I have the same problem. I got some Yurbudz at Best Buy and it solved the problem. Basically it has a silicone piece that is added onto the earbuds they sell, and it locks them into your ear canal. The silicone piece can be put on any standard earbud. Works pretty well. I work in a cleanroom with the full on bunny suit, and it keeps them in under that, as well as under my helmet.

[RCStylin']

Fuck the police.
-NWA

[Wrider]

I just started wearing them. I've proven to myself they're not dangerous in that I usually hear ambulances and other sirens way before the cages around me, even when the music is at the upper threshold of what I like.

The reason its illegal is because it impairs your ability to hear things. Say an ambulance approaching an intersection. Ear plugs are only rated to a certian amount of noise reduction while earphones can be turned up as loud as wanted. It is not just a motorcycle law, its not legal on any road on or in any vehicle.

Like I said, I heard an ambulance the other day and had traffic stopped behind me a block before they heard him and 2 blocks before he even got to the intersection. All while rocking out to the soulful voice of Louis Armstrong accompanied by the wailing sax of Duke Ellington.

[AOK303]

The time I got pulled over I had them in, the cop was nice about it, had it hooked to my phone not ipod at the time but he said oh your jamming out to tunes nice... In a non sarcastic way

[stubbicatt]

I have often wondered whether this would pass constitutional muster on a rational relationship test. Since DMV does not require a licensed driver to pass a hearing test to obtain a license, obviously hearing is not one of those aspects of ones' sensors which they have determined to be important in driving. If one were to wear earplugs, I'm comfortable attacking any alleged infractions based on reducing the volume of sound one hears.

I guess the theory would have to be that the sound/music coming into the head thru the earphones is the issue, not the attenuation of ambient noise for which the State cannot articulate any rational reason to prohibit by means of ear canal clogging. If so extremely loud car stereos like CM points out would easily accomplish that, yet they are not a vehicle/driving infraction/offense where wearing "headphones" is such an offense.

Just brainstorming it...

[Matrix]

I have tried a bunch of a different earbuds over the years and they all seem to hurt my ears. Last year, I went on the hunt for a set of 'low-profile' and found the ones below from Altec. They are by far the best I have tried. Worth a shot if you can find them on sale. Link has them for $38.

http://www.bestbuy.com/site/Altec+La...ltec&cp=1&lp=4