Earplugs and earbuds illegal in some states

Came across some posts in another forum that suggest the above are illegal in Ohio, Alaska, and Maryland. Took the part especially about earplugs as nonsense. Then a later post had an URL you could click on revised laws in California, effective Jan. 1, 2016. (Sorry, couldn't figure a way to paste the long URL, but here is the pertinent paragraph

Earbuds or Headsets (SB 491, Transportation Committee): This law, among other things, makes it unlawful to wear a headset covering, earplugs in, or earphones covering, resting on, or inserted in, both ears, while operating a motor vehicle or a bicycle. This prohibition does not apply to persons operating authorized emergency vehicles, construction equipment and refuse or waste equipment while wearing a headset or safety earplugs.

That first sentence is pretty clear though badly written. Since I am pretty sure the majority of BMW riders at least violate that law every time they ride, just wonder if anyone has been fined when wearing either earplugs or earbuds when pulled over in California? If so, has anyone taken this to court? As another poster pointed out in that other MC forum, "so it is legal for a deaf person to ride a motorcycle or drive a car, but it is illegal for me to protect my hearing?"

Perhaps others would care to investigate whether other states have similar dumb laws and, if so, whether they are ever enforced. Since the California law has been in effect for over a year, there should be some feedback.

Unless it's changed back, here's something that was posted nearly 10 years ago that says there's an exception for earplugs worn for hearing protection:

https://forums.bmwmoa.org/showthread.php?27732-Ear-Plugs-Discuss&p=349543&viewfull=1#post349543

I see bicyclists listening to their iPods via earbuds every day and have yet to see a single one pulled over for it. If LEOs ignore egregious cases like that, I seriously doubt they'd notice anything under a helmet. Or care. I've inserted my ear plugs right in front of an LEO prior to mounting up; never had so much as a second glance.

Pete

A simple interpretation would be to accept the spirit of that law was written to prevent car driver's from listening to music while wearing earbuds or headphones.

Pretty much a moot point in an age of texting drivers and Bluetooth-equipped cars. At every roadside encounter I've ever had, I've removed/replaced my earplugs and earphones with nary a second glance from LEOs. My guess is that such a statute us viewed by the LEO community as just another "pile-on" charge available for use on a motorist who acts badly/stupidly at a stop. Even then, I suspect it would be way down the list.

Best,
DG

No worries, still legal with "proper" ear protection.

earplugs or molds that are specifically designed to attenuate injurious noise levels

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Piecing together the text from the OP and the legislation that Kurt's link dealt with, I was able to identify where to look. If you read further into the current Bill (almost at the end - Sec 55 (d)), it contains the exception for motorcycles:

Current Bill (Senate Bill No. 491 - CHAPTER 451): https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB491

SEC. 55. Section 27400 of the Vehicle Code is amended to read:
27400. A person operating a motor vehicle or bicycle may not wear a headset covering, earplugs in, or earphones covering, resting on, or inserted in, both ears. This prohibition does not apply to any of the following:
(a) A person operating authorized emergency vehicles, as defined in Section 165.
(b) A person engaged in the operation of either special construction equipment or equipment for use in the maintenance of any highway.
(c) A person engaged in the operation of refuse collection equipment who is wearing a safety headset or safety earplugs.
(d) A person wearing personal hearing protectors in the form of earplugs or molds that are specifically designed to attenuate injurious noise levels. The plugs or molds shall be designed in a manner so as to not inhibit the wearer’s ability to hear a siren or horn from an emergency vehicle or a horn from another motor vehicle.

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What reading the material does point out is that the earplugs that I use and favour, the NoNoise Motorsport Noise Filter Ear Protection (designed for the Dutch Motorcycle Police), is legal while, my standby earplugs (foam plugs) migh not be.

Developed over 20 years by leading experts, NoNoise MOTORSPORT Hearing Protectors are superior to traditional foam, wax or silicone earplugs.

Precision-tuned, patented ceramic filters ensure maximum protection from dangerous levels of engine, wind & road noise. Unique filtration allows conversation, sirens and horns to remain clearly audible, with no muffled effect.

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I have seen where some riders don't care for these plugs because they still have some some ringing in their ears after a long ride. I get this as well, but, I recognize that I also need to hear the important things around me and drowning out all the sounds is more dangerous to me than having some ringing in my ears at the end of the day. YMMV

Once you get to court have your lawyer ask questions and just answer "what" to the questions until she raises her voice really loud. Then smile and say, "See - that is why I wear ear plugs."

You won't get off probably but it ought to annoy whoever gave you the ticket.

I am glad that this ordinance does not cover the 50 Watt BOSE speakers in my helmet.

/Guenther

Once you get to court have your lawyer ask questions and just answer "what"

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Kinda like remembering to say "Amen" when discovered asleep on the job and rousted awake by your foreman.

lmo1131 said:

Kinda like remembering to say "Amen" when discovered asleep on the job and rousted awake by your foreman.

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Reference this for data:

http://www.safety.marines.mil/Portals/92/Docs/OnHwyLawChart.pdf

AlanColes said:

I have seen where some riders don't care for these plugs because they still have some some ringing in their ears after a long ride. I get this as well, but, I recognize that I also need to hear the important things around me and drowning out all the sounds is more dangerous to me than having some ringing in my ears at the end of the day. YMMV

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I tried those but the tails stick out so far they contact my helmet speakers, and I get this annoying bone conduction buzz that fills my head!

I generally carry the soft silicon type as backup, but the pair I had custom made at one of the MOA rallies is incredibly comfortable. They even did one in red and the other in green for me (port and starboard) so I always knew which ear was which.

greenwald said:

Reference this for data:

http://www.safety.marines.mil/Portals/92/Docs/OnHwyLawChart.pdf

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i find reference to helmet speakers but not to earplugs. Maybe in the footnotes? I didn't dig that deep.

PGlaves said:

i find reference to helmet speakers but not to earplugs. Maybe in the footnotes? I didn't dig that deep.

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Try this site:

https://motorcycleinfo.calsci.com/PrintLaws.html

It is illegal in Manitoba to wear ear plugs or muffs or ear buds but it is also illegal to text or use a handheld phone while driving.

I am certainly very confident that a motorcyclist wearing something in their ears is situation-ally aware. Not so confident with a box operator wearing ear buds while texting his peeps.

AlanColes said:

No worries, still legal with "proper" ear protection.

Piecing together the text from the OP and the legislation that Kurt's link dealt with, I was able to identify where to look. If you read further into the current Bill (almost at the end - Sec 55 (d)), it contains the exception for motorcycles:

Current Bill (Senate Bill No. 491 - CHAPTER 451): https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB491


What reading the material does point out is that the earplugs that I use and favour, the NoNoise Motorsport Noise Filter Ear Protection (designed for the Dutch Motorcycle Police), is legal while, my standby earplugs (foam plugs) migh not be.
View attachment 60739

I have seen where some riders don't care for these plugs because they still have some some ringing in their ears after a long ride. I get this as well, but, I recognize that I also need to hear the important things around me and drowning out all the sounds is more dangerous to me than having some ringing in my ears at the end of the day. YMMV

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A Noise Reduction Rating of 21 is equivalent to cheap over the head muffs. I'll stick with my 32 rated LaserLites.

I have been using the nonoise plugs for a few years. The have been the best for me. The case they come in stays on my key ring and the at work more than other plugs since they are always in my pocket.

BCKRider said:

That first sentence is pretty clear though badly written. Since I am pretty sure the majority of BMW riders at least violate that law every time they ride, just wonder if anyone has been fined when wearing either earplugs or earbuds when pulled over in California? If so, has anyone taken this to court? As another poster pointed out in that other MC forum, "so it is legal for a deaf person to ride a motorcycle or drive a car, but it is illegal for me to protect my hearing?"

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My daughter in SoCal was ticketed on her bicycle while listening to her IPOD last summer while riding on the beach pathways by her house. She is deaf in one ear from a childhood bicycle accident...she tried the argument about being deaf and it's OK to not hear at all...didn't work and she paid some municipal fine
Her husband and a few buddies got radar gunned on same pathways by bike patrol officers and got a speeding ticket on his beach cruiser bicycle.

Many years back when I worked at the Honda dealer , one of the mechanics always got stopped for having a coiled headset cord protruding from his Bell helmet ...which was hooked up to a radio and 8 track player on his CL450...the ponytail probably did not help....he got a lot of tickets and a lot of chat time.
.
We have never crossed paths with anyone concerned about any type earplugs/monitors...still can hear what we need to hear. I'll take my chances next trip to CA.

What I don't understand is the automobile manufacturers advertise how quiet their cabins are and how they block out that unwanted outside noise! They should test how much the Mercedes quiets outside noise and how much the driver hears compared to our earplugs. The answer might be the new noise canceling devices that block the frequencies by using other frequencies.


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millman said:

What I don't understand is the automobile manufacturers advertise how quiet their cabins are and how they block out that unwanted outside noise! They should test how much the Mercedes quiets outside noise and how much the driver hears compared to our earplugs. The answer might be the new noise canceling devices that block the frequencies by using other frequencies.


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Yes, but, and, folks still pull out in front of fire trucks blaring a klaxon.