IN FLORIDA, IS IT LEGAL FOR A DRIVER TO WEAR HEADPHONES OR EARBUDS WHILE DRIVING A MOTOR VEHICLE?
Florida Statute 316.304 prohibits wearing headphones, earbuds, or any other listening device while driving, other than a hearing aid or an instrument for the improvement of defective human hearing. However, there are a few recognized exceptions. Some of the exceptions include the following:
- Police officers may wear communication devices necessary to perform their duties.
- Emergency vehicle drivers and operators may wear ear protection and earpieces when receiving critical information.
- A person may wear a headset or earbud connected to a cellphone, only if the headset or earbud has sound in only one ear.
- Motorcycles can use helmets with built-in speakers, provided that the speakers do not come in contact with both of the person’s ears. Individuals who are taking a motorcycle test cannot have on headsets as required by law.
- Bicyclists may wear an earbud in one ear to use with a cellphone while cycling. They may also wear hearing aids while cycling, if necessary, to improve their hearing. If a bicyclist is caught breaking a law regarding headphone use while riding, the rider can face the same penalties as the driver of a motor vehicle.
It is not illegal for pedestrians to wear headphones or earbuds, but this practice can be dangerous.
Florida has comparative fault laws that indicate that if you are involved in an accident and you are partially at fault because you could not recognize certain hazards or hear warnings, which may severely lessen your recovery in a personal injury matter.
The driving force behind the statute is that drivers already face so many other issues when operating a motor vehicle (or a motorcycle or bicycle) that inhibiting their hearing can lead to an accident. The driver must be able to hear what is going on around them to ensure that they can operate their vehicle in a safe manner at all times. When your hearing is not obstructed, you can hear things like emergency vehicles and their sirens so that you can move out of the way, or if something else is happening around you such as another car being involved in an accident, you can protect yourself from danger by being able to avoid it.
Florida law prohibits using earbuds in both ears while driving, even though they do not cover your entire ear. The only exception to this law, once again, is if you have a single earpiece that allows you to communicate with your phone or central base of operations. It is important to understand that this does not mean that you can operate a vehicle with only one of your regular earbuds, or only one headphone piece covering your ear–the law strictly forbids using any of these devices unless they are designed to be used only in one ear.
When driving a motorcycle, the only type of listening devices that can be worn legally when operating one are those which are built-in to the helmets so that the driver can still hear traffic noises around them. The speakers in the helmet must not enclose the ears in order to be legal.
Again, this Florida law includes the operation of a bicycle the same as operating any motorized vehicle on the streets. Lawmakers felt that cyclists needed to be just as aware of their surroundings as drivers of passenger vehicles. While there have been some challenges to this law to see if it also covered people on skateboards since they were “moving vehicles” very similar to a bicycle. At this time, skateboards have not been included in the law.
The only time you can have your ears covered is when someone is operating a fire truck or similar emergency vehicle. The sirens on these vehicles can damage hearing if you do not have protection over both ears while sitting in the fire truck or other such emergency vehicle. Otherwise, it is illegal to wear headphones or earbuds when operating any commercial vehicle, as well.
With respect to off-road vehicles, there “may” be an exception. Since these vehicles are intended to be operated off-road, the law may not directly apply to those vehicles. However, if a person is distracted while operating one of these off-road vehicles and causes an accident, they can still be held liable for the negligent act. It is always best to never operate any vehicle with headphones or earbuds on, since they can distract you from your surroundings.
If you are caught using headphones or earbuds while operating a motor vehicle, you may also be charged with Distracted Driving. Florida laws classify the use of these items as a distraction, and you can be charged with this offense. (See Florida Statute 316.305)
Distracted driving is one of the leading causes of vehicle accidents in the United States today. If you injure somebody else, you may be facing a personal injury lawsuit for compensation and related losses to another person.
The Department of Highway Safety and Motor Vehicles inspects and reviews all headset and related equipment submitted to it upon reasonable request, and publishes a list by name, manufacturer, and type of approved equipment.
A violation of this type is a noncriminal traffic infraction.
If you have any questions, please call (305)661-7000 for more information.
