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Earplugs are illegal?


Pointwithinacircle

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Pointwithinacircle

I just recently started wearing earplugs while riding to prevent hearing loss. Earlier today I had a discussion with another motorcyclist who told me this was illegal in my state. I did an internet search and discovered this site https://motorcycleinfo.calsci.com/PrintLaws.html which lists, among other facts, which states have made it illegal to wear ear plugs.

 

I was very surprised to discover that protecting my hearing is considered a threat to public safety in my state. Unbelievable!

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szurszewski

Hi!

 

I don't see where it talks about earplugs - I see earphones, but I assume they are meaning a device that produces sounds (connected by wire to a phone or such, or by bluetooth like so many wear in their cars).

 

If there is something about earplugs, that's news to me too.

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Here is an excerpt from California motorcycle handbook:

 

https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/pubs/dl655/mcycle_htm/preparing

 

To protect against the elements of nature, such as wind, which can cause hearing loss, you may want to use ear protection. The CVC §27400 states a person may not wear a headset covering, earplugs, or earphones in both ears, unless the protectors (earplugs or molds) are specifically designed to reduce harmful (injurious) noise levels. The headset coverings, earplugs, or earphones must not inhibit the wearer's ability to hear a siren or horn from an emergency vehicle or another motor vehicle.

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szurszewski

 

Wow - thanks for that link - I had not seen anything prohibiting earplugs specifically.

 

 

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It's always good to go to those laws and read them when you hear about a law.

My understanding from reading several states laws, starting with California as I lived in California for 45 years was you are prohibited from wearing ear plugs unless they are for hearing protection. In other words, not that loud obnoxious music (or reasonable ? facsimile thereof) blasting away in your ears.

But for hearing protection, yes, ok.

dc

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Evening Pointwithinacircle

 

When it comes to motorcycles there are still a lot of strange laws on the books in number of states that are never enforced & most officers don't even know they exist.

 

As for ear plugs, most states have no enforced laws & even the few that still do have some sort of exclusions for custom ear plugs (so if you squeeze the tips or pinch the rear, or cut a nick out of them they are now custom fit ear plugs)

 

Even if molded ear plugs are required there is no definition on the type of molding required, no definition of the material type they need to contain, no definition on who has to do the custom molding or custom fitting & no DB or distance requirement of what or how far you are required to hear sirens or warnings.

 

If you pull out in front of an emergency vehicle & cause an accident & they find that you wearing ear plugs then they might come into question but on the other hand if you pull out in front of an emergency vehicle & cause an accident my guess is you are in about the same trouble even if you don't have ear plugs in your ears.

 

 

 

 

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The funny thing is that in FLorida, where I used to live, I could use headphones but it was perfectly ok for the deaf to get a driver's license. I believe that is the case in Maryland as well, where I live now.

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.........

The use of ....... or earplugs are prohibited except in certain circumstances.

.

 

Used to be that way in California as well up until about 13 years ago.

The deaf could legally drive but the hearing were criminals if they tried to protect their ears.

I don't remember the legislator that got the law changed but I owe her a great deal for helping me preserve my hearing.

 

 

My suggestion, contact your states legislators & see if the law(s) can get changed like they were here in California.

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Pointwithinacircle
Who gives a crap

The motorcyclist that I spoke with said the policeman who pulled her over told her he did so specifically because he could see she was wearing earplugs. (She got off with a warning.)

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Joe Frickin' Friday
Who gives a crap

The motorcyclist that I spoke with said the policeman who pulled her over told her he did so specifically because he could see she was wearing earplugs. (She got off with a warning.)

 

Any idea what the penalty would have been if the officer had elected to apply it? Unless it involves jail time or a fine in the thousands of dollars, I'm in mwood7800's camp.

 

FWIW I was stopped for speeding in Ohio (earplugs are illegal there) 9 years ago, and the cop stood next to me while I removed my helmet and earplugs; he didn't say anything about them. Or if he did say something, I didn't hear him. :grin:

 

Short NPR interview on motorcyclists vs. earplug laws here.

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....hear a siren or horn from an emergency vehicle or another motor vehicle.

 

That's fairly ambiguous. I guess that means to hear a siren or horn from an emergency vehicle, or a siren or horn from another motor vehicle. As opposed to simply hearing another motor vehicle as it passes by. I'd say that I can rarely hear another motor vehicle as it simply drives along (except for loud pipes, of course).

 

The other big question is, at what distance should I be able to hear it?

 

Regardless, I can hear horns and sirens WITH earplugs in. And I'd happily demonstrate it to the officer, or the court.

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Who gives a crap

The motorcyclist that I spoke with said the policeman who pulled her over told her he did so specifically because he could see she was wearing earplugs. (She got off with a warning.)

 

I call BS.

He used it as an excuse to check her out.

 

Now, anyone who has ever gotten a ticket/ citation for this, please communicate now.

 

 

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I am partially deaf from birth. I never got hearing aides until I was in my 30's. I always just dealt with it.

 

My hearing loss is right in the voice range and goes higher from there. I also wear a full face all the time. I can't wear my behind the ear aides with my helmet. Plus it doesn't make sense since I really only have gains in the voice range.

 

No, I can't hear sirens as well as others. But that is true whether I have my aides in or not. So how is this different than an "able" person with plugs?

 

I'm not trying to contradict anyone's experience here. I'm just saying from a law point of view, what's the difference? I don't personally think someone should be ticketed for having plugs in.

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I have been using the custom molded earplugs for the last 10 years of riding. If I had not, I would probably be deaf by now. Mainly they cut wind noise. I can still hear sirens, horns etc.

 

I started using earplugs when after riding with a group we stopped for lunch and I could not hear the person across the table talking.

All i could hear was some ringing. That put a scare into me.

 

 

 

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Joe Frickin' Friday
No, I can't hear sirens as well as others. But that is true whether I have my aides in or not. So how is this different than an "able" person with plugs?

 

I'm not trying to contradict anyone's experience here. I'm just saying from a law point of view, what's the difference?

 

To my knowledge, even completely deaf individuals are allowed to drive.

 

My guess as to the philosophy behind the status quo is that it might be something like this:

 

Public safety is well served by proscribing the use of devices that impede a driver's/rider's ability to hear ambient sounds.

 

Public safety would be increased even further by also preventing partially and completely deaf people from operating motor vehicles, but there is a cost associated with depriving deaf folks of the autonomy associated with driving privileges; ultimately, the safety benefit of eliminating driving privileges for the deaf does not outweigh the costs, so deaf people are allowed to operate motor vehicles.

 

The flaw in that argument is of course that even the best earplugs only seem to block ambient noises on a motorcycle about as well as a car's windows (i.e. not enough to block the sirens and horns of approaching authority vehicles). Given that drivers are allowed to cruise around with their windows up, motorcyclists should absolutely be able to ride with earplugs in.

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10 years ago I got a ticket for earphones. This was listening to music. I got pulled over in VA for speeding somewhere out by Cumberland gap. I was doing 70 in a 55 and I tried to be as nice to the cop as possible. He gave me a choice for a ticker for the earphones or the the speeding. The speeding would have been a $250 fine and the earphones was $100 with no points. I chose the earphones. Now he specifically asked if they were earplugs or if I was listening to music. I was honest and said I was listening to music. I think because of me being honest and as nice as possible he gave me the choice. Now the bit about the music I have thought about often. I think the music made the difference in his mind.

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Grenville Davies

I wear a set of plugs in both lugholes simply because it cuts down the low frequency noise, which is the prime reason that hearing is destroyed!

 

Coincidently having worked underground for many years I have always protected my ears for the above reasons. A surveyor mate of mine is as deaf as a post because he didn't wear plugs until later in his career, the tiny little hairs in his ears were damaged. :cry: But you can move your lips to make him think you're talking :thumbsup:

 

The idea that you couldn't hear a siren from an ambulance or the poleece ossifer coming up behind you is simply bullshit! Besides that's what mirrors are for and they need to be checked regularly :dopeslap:

 

How the bloody hell can you get fined for protecting a very important resource? They'll be stopping us wearing sunglasses next, because some wanker doesn't look good in them, then there'll be no more cruisers riding around :D

I often wonder why some states allow riders to not wear a helmet - the only valid reason I can see is that it is to improve the gene pool :thumbsup: 'Cos damn! Let's face it: a bug at 100kph slamming into your face hurts like a sonofabitch :mad:

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joey,

You're the "first", sort of that I've heard of.

 

But, if you weren't doing 15+ over, in one of the most notorious states for enforcing speeding, you wouldn't have been stopped.

So, no stop, no "choice" needing to be made.

IN the end, it was speeding, not ear plugs.

But, yes, you got a ticket.

FWIW, I ride basically the speed limit in that state.

Best wishes.

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10 years ago I got a ticket for earphones. This was listening to music. I got pulled over in VA for speeding somewhere out by Cumberland gap. I was doing 70 in a 55 and I tried to be as nice to the cop as possible. He gave me a choice for a ticker for the earphones or the the speeding. The speeding would have been a $250 fine and the earphones was $100 with no points. I chose the earphones. Now he specifically asked if they were earplugs or if I was listening to music. I was honest and said I was listening to music. I think because of me being honest and as nice as possible he gave me the choice. Now the bit about the music I have thought about often. I think the music made the difference in his mind.

 

Morning joeyjamb

 

OK, that definitely sells me on using earplugs. If you didn't have the secondary minor offense for him to ticket you on it could have been worse.

 

Anytime I can trade a 15 over speeding ticket for non moving violation I consider that a major win.

 

I have received a lot of speeding tickets in Ohio over the years & never once have my obvious ear plugs been brought up. Even after I tell the officer that I need to take my helmet off (plus he sees me then remove my earplugs) to hear him.

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Anytime I can trade a 15 over speeding ticket for non moving violation I consider that a major win.

 

Ain't that the truth. In my youth I was caught at more than 15 over. Two moving violations meant suspended license back then ( Junior Operator ). I begged, literally I might add, for the nice WV State Trooper to give me a littering ticket. Which he did. Bless his heart! Don't think I saved any money, but that wasn't the point.

 

Honesty and cooperation goes a LONG way on traffic stops......

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