• Welcome, Guest! We hope you enjoy the excellent technical knowledge, event information and discussions that the BMW MOA forum provides. Some forum content will be hidden from you if you remain logged out. If you want to view all content, please click the 'Log in' button above and enter your BMW MOA username and password.

    If you are not an MOA member, why not take the time to join the club, so you can enjoy posting on the forum, the BMW Owners News magazine, and all of the discounts and benefits the BMW MOA offers?

  • Beginning April 1st, and running through April 30th, there is a new 2024 BMW MOA Election discussion area within The Club section of the forum. Within this forum area is also a sticky post that provides the ground rules for participating in the Election forum area. Also, the candidates statements are provided. Please read before joining the conversation, because the rules are very specific to maintain civility.

    The Election forum is here: Election Forum

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.

Don't tell anyone you are wearing them. Has worked for me for 38 years and roughly 750 thousand miles of riding :bliss
 
The police in New York state can't seem to recognize obvious fake helmets (DOT approved helmets required) so how would they spot ear plugs or even care?

Harry

The truth is, Law Enforcement Officers in upstate New York have no intention of enforcing much of the horse**** that comes out of Albany. They know a DOT approved helmet from a brain bucket, but they choose to not see it.
 
The truth is, Law Enforcement Officers in upstate New York have no intention of enforcing much of the horse**** that comes out of Albany. They know a DOT approved helmet from a brain bucket, but they choose to not see it.

OK, the local magistrate asks the Officer to prove the DOT cert sticker isn't real. How's the officer going to do that without conducting a DOT drop test?

Yes, it's fake equipment, but the penalty has to be levied at the people selling the stuff. Issuing tickets to individual bikers, who can easily fight the ticket, only wastes taxpayer dollars.............any fine revenue is a lot less than the cost of OT for the cop to appear in district court.
 
Don't tell anyone you are wearing them. Has worked for me for 38 years and roughly 750 thousand miles of riding :bliss

Only 67K miles since resuming riding at age 61y, but unfortunately it is the price I have to pay for preserving my hearing, that is, the risk of a fine. So far so good. And I'm in Colorado now and I think they are illegal here. Even if it, earplugs that is, were illegal there are so few traffic cops in the Denver area it's reallly flat out road-anarchy. Tailgating, big trucks tailgating small cars going 75mph on I-70, and it's is flat out normal for me to see at least one person START to enter the intersection on a left-hand turn, or straighaway, AFTER the light has turned red. There is just policing this as there aren't any police for the most part. California had much more traffic policing, which I favor if it's valid.
 
There is just policing this as there aren't any police for the most part. California had much more traffic policing, which I favor if it's valid.

Technology is the simple answer. Red light and speed cameras can easily resolve this problem. Otherwise, your paying a 70~90K per year patrol officer to issue tickets (perhaps dealing with an angry armed driver) which they may need to defend in traffic court at the cost of several hours of overtime pay.

IMHO, most people want safe streets. Placing a patrol officer at risk is stupid and very expensive way to do that.
 
Now legal in Ohio

I've always read that earplugs are illegal in Ohio. I just went and checked the Ohio Revised Code again. Lo and behold, as of 5/22/2020 there's an exclusion for motorcycle riders. :dance
 
Technology is the simple answer. Red light and speed cameras can easily resolve this problem. Otherwise, your paying a 70~90K per year patrol officer to issue tickets (perhaps dealing with an angry armed driver) which they may need to defend in traffic court at the cost of several hours of overtime pay.

IMHO, most people want safe streets. Placing a patrol officer at risk is stupid and very expensive way to do that.

I was in favor of red light cameras until it was discovered and disclosed that the private companies installing and managing the systems for many cities were shortening the yellow light times to ensure more tickets and fines. Shortened yellow times below the engineering standards of course endangers the public but when chasing the dollars some people don't care. Once this chicanery was made evident I became an ardent opponent of red light cameras.

If they have them in your jurisdiction I would urge you to patiently time the length of the yellow lights and compare the time to the tables or equations for signal times based on speed limits etc. in the traffic engineering handbooks. If they are shorter, call the Mayor first and then the newspaper (if any) and the TV station.

SEE for example this: http://www.shortyellowlights.com/standards/
 
I was in favor of red light cameras until it was discovered and disclosed that the private companies installing and managing the systems for many cities were shortening the yellow light times to ensure more tickets and fines. Shortened yellow times below the engineering standards of course endangers the public but when chasing the dollars some people don't care. Once this chicanery was made evident I became an ardent opponent of red light cameras.

We used to have speed enforcement cameras until one citizen went to court to argue that he had no opportunity to question a LEO in his own defence. The province was told they needed to have a LEO present in the operation of any speed camera. Ding! - that was the end of the speed cameras.

Red light cameras (which I support as "red light runners" are majorly responsible for intersection accidents) are installed and monitored by the provincial government. Yellow light times are set depending on the speed limit of the affected road. There is no third party, for-profit, entity involved.
 
We used to have speed enforcement cameras until one citizen went to court to argue that he had no opportunity to question a LEO in his own defence. The province was told they needed to have a LEO present in the operation of any speed camera. Ding! - that was the end of the speed cameras.

Red light cameras (which I support as "red light runners" are majorly responsible for intersection accidents) are installed and monitored by the provincial government. Yellow light times are set depending on the speed limit of the affected road. There is no third party, for-profit, entity involved.

Question a LEO? It's not a fine, but a privelege tax to travel at higher speeds.
 
We used to have speed enforcement cameras until one citizen went to court to argue that he had no opportunity to question a LEO in his own defence. The province was told they needed to have a LEO present in the operation of any speed camera. Ding! - that was the end of the speed cameras.

Red light cameras (which I support as "red light runners" are majorly responsible for intersection accidents) are installed and monitored by the provincial government. Yellow light times are set depending on the speed limit of the affected road. There is no third party, for-profit, entity involved.

That is the only sensible way to have red light cameras in operation. As soon as third partie$$$ are involved, all logic and neutrality goes out the door in favor of the almighty dollar..
 
Back
Top