Paging hbliam or any other LEO: Earbuds question

[erkishhorde]

A discussion about earbuds came up on another forum and I'm hoping you can shed some light on it.

So someone gets pulled over on their bike and dinged for having ear buds. They want to argue that they are iphone earbuds and are therefor part of their hands free set. I don't see how that could get them off the hook because you're still not allowed to have earbuds in both ears even while your driving. Another thought why that wouldn't work is that there's no way you would be able to use the iphone mic while riding anyway.

edit: I've never looked for these types of headsets but apparently there are a lot of companies that make stereo headphones with a mic so the question applies to the general type and not just iphone headphones.

So, now that I think about it, aren't iphone headphones illegal in California if you're putting them in both ears, regardless of whether you're on a bike or in the car? Let's ignore actually being able to prove that they had both earbuds in while they were driving.

[zooom]

I know CA is as different as every other state...but perhaps you can glean a few tidbits and morsels from our discussion in our local forum here -> http://www.ducatimonsterforum.org/index.php?topic=44363.msg798574#msg798574

[derby]

http://dmv.ca.gov/pubs/brochures/fast_facts/ffdl28.htm

Wearing headphones or earplugs is illegal in California regardless of the age of a driver.

[hbliam]

Full text posted below but short answer is...you cannot cover both ears. There are exceptions, including an exception that allows anyone (but was designed for motorcyclists) to wear hearing protection specific designed molds or plugs. iPhone/iPod headset? Not legal.



V C Section 27400 Wearing of Headsets or Earplugs

Wearing of Headsets or Earplugs

27400.   A person operating a motor vehicle or bicycle may not wear a headset covering, or earplugs 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.

(e) A person using a prosthetic device that aids the hard of hearing.

[Vindingo]

I think Dianese made a bluetooth helmet that probably gets around this issue.  Why you would want to talk on the phone while you were riding I have no idea!! 

I think music gives me too much of an emotional response to wear ear buds while riding. 

[zarn02]

I think music gives me too much of an emotional response to wear ear buds while riding. 

Truth.

I can only imagine what sort of punk asshole I'd ride like if I put on, say, The Jesus Lizard...

[Speeddog]

I rode a bicycle a couple of times with a Walkman.

Got the "This movie has the wrong soundtrack" feeling. 

[DoubleEagle]

My earplugs are the soft rubber ones ...and I swear once they are firmly in place I can't hear shit !

My exhaust is loud ...and I can't hear it !

Course it may be that I'm traveling faster than the speed of sound        

Dolph

[cokey]

While I was a bike messenger back In the 1st quarof 2000 here in nyc, I wouldn't ride unless I had music on.. helped block out everything else so I cld focus on riding like a crazy man with no sense of fear..  oddly engh, the times I wldnt wear headphones I got into accidents.

[DoubleEagle]

Riding w. no sound gives you a whole different perspective ....kind of like you are floating through the air and it sharpens your vision....gets rid of what would otherwise be noise distractions.

Dolph     [moto]

[r_ciao]

what about those small flat stereo speakers that you would apply to the inside of your helmet?  i saw some in the aerostitch catalogue and am thinking about buying them.  anyone care to comment on that?  sorry if this is a threadjack, but it is kind of related.

Ciao!

[derby]

what about those small flat stereo speakers that you would apply to the inside of your helmet?  i saw some in the aerostitch catalogue and am thinking about buying them.  anyone care to comment on that?  sorry if this is a threadjack, but it is kind of related.

Ciao!

i would think that it'd be tough to get those loud enough to actually hear over the wind/motor noise.

[Raux]

V C Section 27400 Wearing of Headsets or Earplugs
Wearing of Headsets or Earplugs
27400.   A person operating a motor vehicle or bicycle may not wear a headset covering, or earplugs in, both ears. This prohibition does not apply to any of the following:

(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.

I think those two bolded statements allow for a single ear hands-free listening device and/or hearing protection in both

[Heath]

Thanks hbliam for posting the code.  Good to know I am following the law.  I almost always wear earplugs but have them in enough to block wind but not block sirens.

Funny thing is last week I was at an intersection.  I had lane split to the front. Which is legal here in CA.  While waiting for the light to turn green I hear sirens to my right.  Our light turns green to go straight and I don't move because I can see the sheriff coming from the right.  Both cars on either side of me take off.  I am not sure if they heard it or not, but they went anyways.  The next cars start moving too but see I am stopped, move forward, see or hear the sheriff and stop.  Funny how me, with ear plugs, still heard it before the others.  Or at least decided to yield to the officer.

[erkishhorde]

what about those small flat stereo speakers that you would apply to the inside of your helmet?  i saw some in the aerostitch catalogue and am thinking about buying them.  anyone care to comment on that?  sorry if this is a threadjack, but it is kind of related.

Ciao!

They're legal but, like a stereo in the car, if you crank up the tunes loud enough that you can't hear a siren then you're doing a no no. What some people do is speakers w/ earplugs. Some say that it actually makes it easier to hear the tunes and still hear sirens because the plugs touch the speaker and start transferring the sound physically so wind noise doesn't factor in as much.