Is It Illegal to Drive With Headphones in California?

Drivers are tasked with keeping California roads as safe as possible. This means paying attention at all times and keeping your senses engaged, including hearing. With this in mind, driving with headphones can be a dangerous combination. Your brain is tuned into whatever’s streaming through your ears, and you can’t hear those around you. Whether you drive in the Golden State or elsewhere, the use of headphones in the car poses real consequences.

Is Driving With Headphones Illegal in California?

Signed into law in 1973, California Vehicle Code 27400 makes it illegal for any person operating a bicycle or motor vehicle to wear a headset, earplugs, or earphones that rest in, cover, or are inserted into the ears. Recognizing that some situations warrant the use of ear coverings, the law does exempt very specific drivers. They are as follow:

• Those authorized to operate emergency vehicles
• Those engaged in the use of construction or highway maintenance equipment
• Those wearing safety earplugs during refuse collection
• Those with hearing impairments who rely on prosthetic hearing devices

Points to Understand

Drivers can also wear personal hearing protectors for the explicit purpose of reducing injurious noise levels. The protectors must be designed so they do not interfere with the driver’s ability to hear a siren or horn from another motor vehicle. It’s also important to know VC 27400 does allow a driver or bicyclist to wear a headset or headphones over just one ear. Covering both ears, however, is a direct violation of the law.
VC 27400 applies even if a driver or bicyclist is wearing the earplugs or headset without streaming any music or sound. Simply wearing these devices so they rest on, cover, or are inserted into both ears is enough to violate VC 27400.

Laws Related to VC 27400

Three different state laws relate to VC 27400, which explicitly covers driving with headphones. These laws govern cell phone and handheld devices, motor vehicles equipped with unauthorized video screens, and coasting in neutral on downgrades, respectively. Essentially, motorists are prohibited from talking on a cell phone or texting while driving in California. While some exceptions do exist, they are few and far between.
It is also unlawful for drivers to operate a vehicle with an authorized television or video screen while the screen is in use and visible to the driver. Last but not least, drivers cannot coast in neutral while traveling downgrade on any highway. Violating any of these three laws can result in costly fines as well as points added to your permanent driving record.

The Dangerous Combination of Headphones and Driving

Drivers who wear headphones while operating a motor vehicle experience a significant reduction in their situational awareness. Listening to your surroundings and being aware of others are crucial to the task of driving. But with headphones on, your cognition is interrupted in a way that reduces your road attention. Rather than fully concentrating on safe driving, your brain is split between listening to the headphones and maneuvering the car.

The inability to hear important traffic sounds can lead to a serious accident. To illustrate, you may not be able to hear a pedestrian shouting at you or another car honking its horn. Likewise, you’ll also miss sirens and horns from emergency vehicles. As we said earlier, driving is a task that demands engagement of all your senses. Even if you think you can manage headphones while driving, attempting to do so is illegal.

Facing the Legal Ramifications

The penalty for violating VC 27400 is a $197 fine. One point will also be added to your driving record. Acquiring too many points over a certain period could lead to license suspension by the Department of Motor Vehicles. In the Golden State, points limits are as follow:

• Four in 12 months
• Six in 24 months
• Eight in 36 months

While receiving a ticket for violation of VC 27400 does not require you to attend traffic school, you can volunteer to do so. You’ll still need to pay your fine, but you likely will not receive points on your DMV driving record. To attend traffic school, you must meet the following three conditions:

• Have a valid driver’s license
• Have violated the law while driving a noncommercial vehicle
• Have received a ticket for an infraction that is a moving violation

Do Not Ignore the Ticket

Some motorists think they can simply ignore a ticket for violating VC 27400, but this is not the case. Doing so is a violation of Vehicle Code 40508 for the failure to appear in court on a traffic citation.
Keep in mind that upon receiving a traffic ticket in the Golden State, you must give your signature stating you will appear in court. Willful failure to appear as promised is a misdemeanor with penalties that include up to a $1,000 fine and/or up-to six months in county jail.

Civil Consequences

If you contribute to or cause an accident while wearing headphones and driving, you will likely be held responsible for the victim’s injuries and losses. That injured person will file a personal injury lawsuit against you. If you’re found negligent, you will have to pay for the victim’s property damage, lost wages, medical bills, and other losses. You may even face criminal charges if your negligence resulted in serious bodily harm or death.

State law defines negligence as the failure to apply reasonable judgment and/or care to prevent harm to yourself and others. A driver is generally considered negligent if they violate a legal statute, meaning negligence is presumed because you broke the law. This means a motorist or biker would likely be found negligent in a court of law if they caused an accident while wearing earplugs or headphones.

Driving is not a task to be taken lightly. You must consider your own safety as well as that of other motorists and pedestrians. This means no headphones or other devices while operating a motor vehicle. Conversely, if you’re a driver who obeys the laws but has been injured by a motorist driving with headphones, our office can help fight for the compensation you deserve.
Contact The Soliman Firm today to speak with one of our experienced auto accident attorneys.