California law restricts the use of headsets, earplugs or earphones while driving a motor vehicle or bicycle. California Vehicle Code § 27400 generally prohibits a person from wearing a headset, earphones, or earplugs in or over both ears while operating a vehicle or bicycle.
The law is intended to prevent drivers and bicyclists from blocking out important sounds from their surroundings, such as emergency-vehicle sirens and vehicle horns. However, California law includes several exceptions for certain situations and types of equipment.
If you are searching for information about California Vehicle Code 27400, California’s headphone driving law, or whether you can wear earbuds while driving, this guide explains the rules in straightforward terms.
What Does California Vehicle Code § 27400 Prohibit?
California Vehicle Code § 27400 generally makes it unlawful to operate a motor vehicle or bicycle while wearing a headset, earphones, or earplugs in or over both ears.
The law covers devices such as:
Headphones covering both ears
Earbuds inserted into both ears
Earphones resting on or covering both ears
Earplugs placed in both ears
The statute focuses on the use of the device in both ears. It does not generally prohibit simply listening to music or other audio while driving.
For example, listening to music through a vehicle’s built-in speakers is not the conduct prohibited by § 27400.
Can You Wear One Earbud While Driving in California?
This is one of the most common questions about California’s headphone law.
Vehicle Code § 27400 specifically addresses headsets, earphones, and earplugs involving both ears. Therefore, wearing an earbud in only one ear is not prohibited by the two-ear restriction in § 27400.
For example, a driver wearing one earbud in the right ear while leaving the left ear uncovered is treated differently under this particular statute than a driver wearing earbuds in both ears.
However, other California traffic laws may apply depending on how a phone or other electronic device is being used.
Are AirPods Illegal While Driving in California?
California Vehicle Code § 27400 does not specifically mention AirPods or any particular brand of earbuds.
Instead, the law applies based on how the device is being worn.
If a driver wears AirPods or other earbuds in both ears while operating a motor vehicle, that conduct can violate § 27400.
Using one AirPod in only one ear is different under this specific law because § 27400’s prohibition concerns both ears.
Can You Wear Headphones While Driving in California?
Generally, no if the headphones cover both ears.
Traditional over-ear headphones that cover both ears fall within the type of headset addressed by Vehicle Code § 27400.
For example, a driver wearing large headphones over both ears while operating a vehicle can be cited under the law.
The fact that the headphones are wired, wireless, Bluetooth-enabled, or noise-canceling does not by itself create an exception.
Can You Wear Earplugs While Driving?
California Vehicle Code § 27400 generally prohibits wearing earplugs in both ears while operating a motor vehicle or bicycle.
However, the statute provides an exception for certain personal hearing protectors designed to reduce harmful noise levels.
To qualify for this exception, the hearing protectors must meet the requirements established by the law, including being designed so that they do not prevent the wearer from hearing an emergency-vehicle siren or another motor vehicle’s horn.
Therefore, ordinary earplugs should not automatically be assumed to qualify as an exception.
Does the Law Apply to Bicycles?
Yes.
California Vehicle Code § 27400 applies to people operating motor vehicles and bicycles.
For example, a bicyclist riding on a California roadway while wearing earbuds in both ears may be subject to the same restriction as a motorist.
The law is therefore not limited to people driving cars.
What Are the Exceptions to Vehicle Code § 27400?
California law provides several exceptions to the general prohibition.
Authorized Emergency Vehicles
The restriction does not apply to a person operating an authorized emergency vehicle under the circumstances covered by the statute.
Construction and Highway-Maintenance Equipment
An exception applies to certain people operating special construction equipment or equipment used for highway maintenance.
Refuse-Collection Equipment
The law provides an exception for certain operators of refuse-collection equipment who use safety headsets or safety earplugs.
Qualifying Hearing Protection
Certain personal hearing protectors may be permitted when they are designed to reduce harmful noise levels and satisfy the statutory requirements concerning the ability to hear emergency sirens and vehicle horns.
Hearing-Assistance Devices
The law also provides an exception for qualifying prosthetic devices that assist people who are hard of hearing.
These exceptions are specific. A person should not assume that any device described as “hearing protection” or “hearing assistance” automatically qualifies.
Why Does California Have a Headphone Driving Law?
The primary safety concern is the ability of drivers and bicyclists to remain aware of sounds around them.
Traffic safety can depend on hearing:
Emergency-vehicle sirens
Vehicle horns
Approaching vehicles
Other warning sounds
This is particularly relevant when a device covers or blocks both ears.
California’s exception for certain hearing protection reflects this concern by requiring qualifying protection to allow the wearer to hear important warning sounds.
Does Vehicle Code § 27400 Apply if the Headphones Are Turned Off?
The law focuses on wearing a covered headset, earphones, or earplugs in both ears.
Therefore, a person should not assume that headphones are permitted simply because they are turned off.
For example, wearing headphones over both ears while driving can still raise an issue under § 27400 even if no music is playing.
Does Noise Cancellation Make Headphones Legal?
No.
Noise-canceling headphones are not automatically exempt from California Vehicle Code § 27400.
If the headphones cover both ears, they can fall within the statute regardless of whether the noise-canceling feature is turned on.
The separate exception for qualifying hearing protection applies only when the statutory requirements are satisfied.
What Is the Penalty for Vehicle Code § 27400?
A violation of California Vehicle Code § 27400 is generally treated as a traffic infraction.
California’s current traffic penalty schedule lists § 27400 as a zero-point violation, meaning a conviction under this section does not result in a negligent-operator point being assigned to the driver’s record.
The amount payable on a citation can include the applicable base fine plus assessments and other charges. The amount shown on the citation or provided by the court should be used to determine the current amount owed.
Does Vehicle Code § 27400 Add a Point to Your License?
No.
A violation of California Vehicle Code § 27400 is listed as a zero-point violation under California’s traffic penalty schedule.
This means a § 27400 citation is different from traffic violations that result in DMV negligent-operator points.
However, a zero-point violation can still involve a fine and court requirements.
Examples of Vehicle Code § 27400 Violations
Example 1: Earbuds in Both Ears
A driver places wireless earbuds in both ears and listens to music while driving.
Generally: This conduct violates § 27400 because the driver is wearing earphones in both ears.
Example 2: One Earbud
A driver wears one earbud in the right ear and leaves the left ear uncovered.
Generally: The two-ear prohibition in § 27400 does not apply to this situation.
Other laws may still apply depending on the driver’s use of the device.
Example 3: Over-Ear Headphones
A driver wears headphones covering both ears while operating a vehicle.
Generally: This falls within the type of conduct prohibited by § 27400.
Example 4: Earplugs
A driver wears ordinary earplugs in both ears.
Generally: This is prohibited unless a specific statutory exception applies.
Example 5: Hearing Protection
A worker operates qualifying equipment while wearing specialized hearing protection designed to reduce harmful noise.
Potential exception: The hearing protection may qualify if it meets the requirements established by § 27400.
Frequently Asked Questions
Is it illegal to drive with headphones in California?
Generally, yes, when the headphones cover both ears. California Vehicle Code § 27400 prohibits wearing a headset covering both ears while operating a motor vehicle or bicycle.
Is it legal to drive with one earbud in California?
Vehicle Code § 27400’s prohibition is directed at devices involving both ears. Therefore, wearing one earbud is not prohibited by this particular statute.
Can I drive with AirPods in California?
Using AirPods in both ears while driving can violate § 27400. Using one AirPod is not prohibited by the statute’s two-ear restriction.
Can I use Bluetooth headphones while driving?
Bluetooth technology does not create an exception to § 27400. If the headphones cover both ears, the law can apply.
Can I wear earplugs while driving?
Ordinary earplugs in both ears are generally prohibited. Certain qualifying hearing protectors may fall under a statutory exception.
Does Vehicle Code § 27400 apply to motorcycles?
Yes. Motorcycles fall within the definition of motor vehicles for purposes of this type of traffic restriction.
Does Vehicle Code § 27400 apply to bicycles?
Yes. The statute expressly applies to people operating bicycles as well as motor vehicles.
Is Vehicle Code § 27400 a misdemeanor?
No. A violation is generally classified as a traffic infraction.
Does a § 27400 violation add a DMV point?
No. The violation is listed as a zero-point offense under California’s traffic penalty schedule.
Key Takeaways
California Vehicle Code § 27400 establishes a straightforward rule regarding headphones and earphones while operating a vehicle:
Wearing headphones over both ears while driving is generally prohibited.
Earbuds or earphones in both ears are generally prohibited.
Earplugs in both ears are generally prohibited, subject to specific exceptions.
One earbud is not prohibited by the two-ear restriction in § 27400.
The law applies to motor vehicles and bicycles.
Certain emergency, construction, highway-maintenance, refuse-collection, hearing-protection, and hearing-assistance situations are exempt.
A § 27400 violation is generally a traffic infraction.
A § 27400 violation is listed as a zero-point violation.
Other California traffic laws may apply separately depending on the circumstances.
Contact Southwest Legal
Have You Received a California Vehicle Code § 27400 Citation?
If you have been cited under California Vehicle Code § 27400, understanding the specific conduct alleged, applicable exceptions, and your available options can help you make informed decisions about your traffic matter.
Southwest Legal is here to help you understand what your citation means and what steps may be available to you. Contact us today for a free consultation to discuss your California traffic citation with a legal professional.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship unless and until the firm and client enter into an agreement for legal services. Laws may change, and legal outcomes depend on the specific facts of each case. Consult a qualified attorney for advice regarding your situation.