Feds recommend helmet requirement in all states and Earplugs illegal in MD

Started by Meerkat, November 16, 2010, 09:56:06 AM

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Meerkat

You learn something new everyday. Today, I was checking out local helmet laws after seeing this wapo article:http://www.washingtonpost.com/wp-dyn/content/article/2010/11/16/AR2010111602359.html?hpid=moreheadlines.

Found this very nice summary site: http://home.ama-cycle.org/amaccess/laws/result.asp?state=DC which led me to look up the maryland law over ear plugs...

...and sure enough http://law.justia.com/maryland/codes/gtr/21-1120.html says "§ 21-1120.(a) A person may not drive a motor vehicle on any highway or on any private property that is used by the public in general in this State while the person is wearing over or in both ears earplugs."
'07 S2R1K
'09 Daytona 675
'03 620 Dark-Sold 03/26/2011

zooom

Quote from: Zhane on November 16, 2010, 09:56:06 AM
...and sure enough http://law.justia.com/maryland/codes/gtr/21-1120.html says "§ 21-1120.(a) A person may not drive a motor vehicle on any highway or on any private property that is used by the public in general in this State while the person is wearing over or in both ears earplugs."

I had a discussion recently with a LEO friend on a email list-serve to which he (off the record of course) said "...It's illegal in MD but you shouldn't get any hassle for it.  It's also illegal in MD to commit adultery.  That carries a whopping $25 fine...I think.  MD has regulations for everything.  You can even be ticketed if the bell on your ice cream truck is too loud.  Yes, I'm serious. Ding-a-ling-ding...."

and to further expand on the topic fully...

Quote
Title 21. Vehicle Laws - Rules of the Road
  > Subtitle 11. Miscellaneous Rules
     > §21-2210. Wearing earphones, headsets, etc., prohibited.

(a)  Earplugs.- A person may not drive a motor vehicle on any highway or on any private property that is used by the public in general in this State while the person is wearing over or in both ears earplugs.
(b)  Headsets.- A person may not drive a motor vehicle on any highway or on any private property that is used by the public in general in this State while the person is wearing over or in both ears a headset. 

(c)  Earphones.- A person may not drive a motor vehicle on any highway or on any private property that is used by the public in general in this State while the person is wearing over or in both ears earphones attached to a radio, tape player, or other audio device. 

(d)  Exceptions.- The provisions of subsections (a), (b), and (c) of this section do not apply to:  
(1) A person engaged in the operation of either special construction equipment or equipment for use in the maintenance of any highway;
(2) A person engaged in the operation of refuse collection equipment who is wearing a safety headset or safety earplugs; 
(3) A person wearing personal hearing protectors in the form of custom earplugs or molds that are designed to reduce injurious noise levels. However, custom plugs or molds shall be designed in such a manner as to not inhibit the wearer's ability to hear a siren or horn from an emergency vehicle or a horn from another vehicle; or  (4) A person wearing a prosthetic device used to aid the hard of hearing. 
(e)  Exception for emergency vehicles under emergency conditions.-   
(1) The provisions of subsections (a) and (c) of this section do not apply to a person operating an authorized emergency vehicle under emergency conditions. 
(2) The provisions of subsection (b) of this section do not apply to a person operating an authorized emergency vehicle: 
(i) Under emergency conditions; or 
(ii) Who is wearing a headset for the purpose of communicating with other emergency personnel.
99 Cagiva Gran Canyon-"FOR SALE", PM for details.
98 Monster 900(trackpregnant dog-soon to be made my Fiancee's upgrade streetbike)
2010 KTM 990 SM-T

696DCRider

I've heard of folks getting tickets for this.  I think it might have been in VA though.

Slide Panda

You have? Really? Wow, I've never heard of anyone getting tagged for wearing ear plugs that are intended for protecting the hearing. I have heard of people getting ticketed for having headphones/earbuds for music. Apples and oranges in my book.

-Throttle's on the right, so are the brakes.  Good luck.
- '00 M900S with all the farkles
- '08 KTM 690 StupidMoto
- '07 Triumph 675 Track bike.

Raux

it's illegal in many places to wear earphones to listening devices ie ipod while driving, riding bicycles, etc.
hearing protection shouldnt constitute earphones.

ducati culture


696DCRider

Yeah, I think you may be right.  I believe it was actually earphones and not earplugs. 


Quote from: yuu on November 16, 2010, 10:26:19 AM
You have? Really? Wow, I've never heard of anyone getting tagged for wearing ear plugs that are intended for protecting the hearing. I have heard of people getting ticketed for having headphones/earbuds for music. Apples and oranges in my book.



sbrguy

the big deal is the part that allows for the custom earplugs as long as you can still hear horns and emergency vehicles. at that point you just have to prove you can hear things or not.

Raux

with my earplugs (military style) i actually can hear from cell phone ring in my inner pocket. the protection actually allows me to hear crisper sounds over the wind roar.

Geaux


zooom

99 Cagiva Gran Canyon-"FOR SALE", PM for details.
98 Monster 900(trackpregnant dog-soon to be made my Fiancee's upgrade streetbike)
2010 KTM 990 SM-T

Geaux

Well, I was being sarcastic until I saw the restriction chart:
http://home.ama-cycle.org/amaccess/laws/result.asp?state=MD

Helmet Speakers     Single earphone only

Statler

Quote from: Zhane on November 16, 2010, 09:56:06 AM
You learn something new everyday. Today, I was checking out local helmet laws after seeing this wapo article:http://www.washingtonpost.com/wp-dyn/content/article/2010/11/16/AR2010111602359.html?hpid=moreheadlines.

Found this very nice summary site: http://home.ama-cycle.org/amaccess/laws/result.asp?state=DC which led me to look up the maryland law over ear plugs...

...and sure enough http://law.justia.com/maryland/codes/gtr/21-1120.html says "§ 21-1120.(a) A person may not drive a motor vehicle on any highway or on any private property that is used by the public in general in this State while the person is wearing over or in both ears earplugs."

you won't ever get a ticket for this in MD.  ever.    If you do I will represent you pro bono in Court.   The legislative history in this statute is headphones over the ears while driving, NOT hearing protection on a motorcycle.   If I lose your Court case I'll do the appeal for free too (need to set this one up), as it's pretty clear how this was intended and the wording just never made it correctly.  This type of shit escaped the legislative watchdogs of the AMA (and the general public who don't know better).  This is why the AMA is important.
It's still buy a flounder a drink month

ducrider45

Cop: "That thing is so nasty I can't bring myself to write you a ticket."

"The democracy will cease to exist when you take away from
those who are willing to work and give to those who would not."
Thomas Jefferson


Washington D.C. area riders check out CAM on the local boards.

Statler

It's still buy a flounder a drink month