Wearing a headset, earphones or headphones can contribute to car crashes.
Although it is not against Florida law to walk with headphones on, it is against the law to drive a vehicle or ride a bicycle while wearing a headset, earphones, headphones or other listening device. Florida Statute 316.304 states that no person shall operate a vehicle while wearing a headset, headphone, or other listening device, other than a hearing aid or instrument for the improvement of defective human hearing. There are a few exceptions that include a motorcyclist using a headset that is installed in a helmet and worn so as to prevent the speakers from making direct contact with the user’s ears so that the user can hear surrounding sounds and any person using a headset in conjunction with a cellular telephone that only provides sound through one ear and allows surrounding sounds to be heard with the other ear.
Some people may argue that this law only pertains to “vehicles.” However, it is important to know how Florida law defines “vehicles.” Under Florida Statute 316.003(75) a “vehicle” is defined as “every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.” In this same law, a bicycle is defined as “every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor . . .”
A violation of this section of the law is a noncriminal traffic infraction, punishable as a nonmoving violation.
So, follow the law and don’t wear earphones while driving a car or riding a bike. Not only is it illegal, it is not smart. If those tunes drown out the drone of the unseen semi truck bearing down on you, serious injury or death can result.
On behalf of the men and women of the Lady Lake Police Department, I encourage everyone to drive safely.
Chris McKinstry is chief of police in Lady Lake.
