Feature Article

Bicycle Headphones - Are they Safe and Legal?

by Chris Burns

Bicycle Headphones - Are they Safe and Legal?
Using headphones while participating in sports has become very popular.  It appears that more runners and joggers may use headphones than don't.  But what about using headphones while bicycling?  Is this a good idea?  Is it safe?  Are there laws about riding bikes with headphones?
Bicyclists often wear headphones as a way to motivate themselves while training.  Many types of headphones allow outsides sounds to reach their ears – not just music or sound coming from the mobile device.  In fact, the issue of safety with headphones and cycling is simply not that clear.  Bicycling safety expert, John S. Allen makes the point that a cyclist most often would be foolish to depend upon only his or her hearing of sounds to avoid accidents.  He argues that “open air” headphones, which do not form a seal around the ear, produce little to no hearing impairment of outside sounds.  He argues that earbuds may impair the hearing of outside sounds, but only depending on their construction.  Some earbuds only partially close the ear canal, and most outside sounds can be heard by the wearer.  Others argue that wearing headphones while cycling is not a good idea.  They argue the cyclist cannot hear the sounds of traffic surroundings as well, and also cannot hear whether their bike equipment is functioning properly.

What is the Law about Headphones and Bicycling?
Florida is one of only just a few states that make wearing typical headphones and earbuds illegal while riding a bicycle.  In Florida, whether you feel it’s safe or dangerous, you must not cycle with headphones.  The law says no person shall operate a vehicle (including bicycle), other than a hearing aid, while wearing a headset, headphone, or other listening device.  There is an exception – a cyclist may wear a headset, in conjunction with a cell phone, with a headphone producing sound in only one ear.  This bicycle hearing law is somewhat vague.  Can one listen to music from a cell phone, in only ear?  If you choose to wear illegal headphones while riding, you face the prospect of receiving a traffic citation.

This is a condensed version of an article posted by Posted by attorney Chris Burns in Florida Bicycle Laws
The full version of this and other articles can be found at
http://floridacyclinglaw.com/