Illegal iPod While Cycling?

Here's a copy of California Vehicle Code sect 27400, which appears to
forbid the use of earplugs or headsets of any kind while driving an
auto or bicycle. Are the iPod's "earbuds" the same as "earplugs?"
This code section is cited and displayed on a sign on one of Irvine's
bike trails.

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.

(copied from findlaw.com)

In article om, dc1999
@gmail.com says...
Here's a copy of California Vehicle Code sect 27400, which appears to
forbid the use of earplugs or headsets of any kind while driving an
auto or bicycle. Are the iPod's "earbuds" the same as "earplugs?"
This code section is cited and displayed on a sign on one of Irvine's
bike trails.

I would assume so. If it goes into the ear, it's an earplug.

27400. A person operating a motor vehicle or bicycle may not wear a
headset covering, or earplugs in, both ears.
^^^^^^^^^
-----------------------------------------^
Interesting. It would seem that you could wear an earbud in one ear, but not
both. You might get to have your iPod and eat, errr, jam to it, too.

--

__o Kristian Zoerhoff
_'\(,_
(_)/ (_)

DC1999 wrote:
Here's a copy of California Vehicle Code sect 27400, which appears to
forbid the use of earplugs or headsets of any kind while driving an
auto or bicycle. Are the iPod's "earbuds" the same as "earplugs?"

Not if you're trying to find a loophole to allow them (see (d) below).

I use ear buds, but I'm not above removing the left one when encountering a
cop. (I would think what they're /really/ looking for is someone cruising
along totally oblivious to his or her surroundings. So look aware!)


This code section is cited and displayed on a sign on one of Irvine's
bike trails.

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.

(copied from findlaw.com)

DC1999 wrote:
Here's a copy of California Vehicle Code sect 27400, which appears to
forbid the use of earplugs or headsets of any kind while driving an
auto or bicycle. Are the iPod's "earbuds" the same as "earplugs?"
This code section is cited and displayed on a sign on one of Irvine's
bike trails.

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.


General impression is that yes, wearing any device that puts something
over or inserted into both ears is illegal in California (many other
states have similar statutes). Around here, at this time, it appears
to be poorly enforced. My guess is that if the City of Irvine went to
the trouble of putting up a reminder sign then it is their intention to
enforce.

- rick

In article om,
DC1999 wrote:
Here's a copy of California Vehicle Code sect 27400, which appears to
forbid the use of earplugs or headsets of any kind while driving an
auto or bicycle. Are the iPod's "earbuds" the same as "earplugs?"

illegal and dangerous, for both cyclists and car drivers

On Fri, 11 Aug 2006 18:24:24 +0000 (UTC), (sally)
wrote:

illegal and dangerous, for both cyclists and car drivers

In your opinion.

"Andrew Price" wrote in message
...
On Fri, 11 Aug 2006 18:24:24 +0000 (UTC), (sally)
wrote:

illegal and dangerous, for both cyclists and car drivers

In your opinion.

I agree. It may be illegal but that doesn't mean it's dangerous, if done
responsibly. Toodling down the middle of a MUT oblivious to the
world----dangerous. Hammering on the street while constantly checking my
mirror---not so much.

Andrew Price wrote:
On Fri, 11 Aug 2006 18:24:24 +0000 (UTC), (sally)
wrote:

illegal and dangerous, for both cyclists and car drivers

In your opinion.

Opinion based on personal experience.

Even at a moderate volume (one at which I can carry on a conversation
with a person beside me), my iPod significantly reduces what I can hear
from the surroundings. Given that many MP3 enthusiasts (let's not dump
solely on iPods) crank the volume to hearing-damaging levels, I expect
many of them cannot hear anything at all from their surroundings.

Bottom line is that it does impair ***one*** of your senses. This adds
a degree of risk proportional to the impairment and the level that you
would normally use your hearing. If you do not normally your hearing
while cycling/driving, it should not significantly raise your risk
(although I'd wonder ***why*** you are not using your hearing; mine has
proved useful over the years).

Many North American jurisdictions prohibit anything in the way of
headphones that would impair your hearing (oddly, I've never heard of a
direct prohibition on obnoxiously loud stereos, even though they could
impair hearing).

On Fri, 11 Aug 2006 18:24:24 +0000 (UTC), (sally) wrote:

In article om,
DC1999 wrote:
Here's a copy of California Vehicle Code sect 27400, which appears to
forbid the use of earplugs or headsets of any kind while driving an
auto or bicycle. Are the iPod's "earbuds" the same as "earplugs?"

illegal and dangerous, for both cyclists and car drivers

So, deaf riders...arrest them on the spot? ;-)

And, cyclists dangerous to cars? Oh really; how?

On 11 Aug 2006 14:38:35 -0700, wrote:


Andrew Price wrote:
On Fri, 11 Aug 2006 18:24:24 +0000 (UTC), (sally)
wrote:

illegal and dangerous, for both cyclists and car drivers

In your opinion.

Opinion based on personal experience.

Even at a moderate volume (one at which I can carry on a conversation
with a person beside me), my iPod significantly reduces what I can hear
from the surroundings. Given that many MP3 enthusiasts (let's not dump
solely on iPods) crank the volume to hearing-damaging levels, I expect
many of them cannot hear anything at all from their surroundings.

So drivers with big woofers, and tunes blasting, A/C on, windows rolled up.
Arrest them on the spot?

Bottom line is that it does impair ***one*** of your senses. This adds
a degree of risk proportional to the impairment and the level that you
would normally use your hearing. If you do not normally your hearing
while cycling/driving, it should not significantly raise your risk
(although I'd wonder ***why*** you are not using your hearing; mine has
proved useful over the years).

Many North American jurisdictions prohibit anything in the way of
headphones that would impair your hearing (oddly, I've never heard of a
direct prohibition on obnoxiously loud stereos, even though they could
impair hearing).

I think they'd do better lowering the accident statistics if they enforced
the ban on drivers using cell phones than worrying about a few cyclists
listening to tunes at 12-15mph.

On any given outing I might see 1 or 2 riders with earphones, but almost
every other driver is on the cellphone.