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Are you allowed to wear headphones or earphones while driving a vehicle in British Columbia?
The province has enacted legislation to control the use of electronic devices while driving by adding Part 3.1 - Use of Electronic Devices While Driving to the Motor Vehicle Act. The companion to the new legislation is The Use of Electronic Devices While Driving Regulation.
A headphone, earphone or earbud may only be used in one ear, and only if it is part of a hands free telephone function. Using it for a function other than hands free telephone if the device is capable of another function in addition to the telephone is prohibited.
The word "telephone" is not defined in the Act or Regulation, so the dictionary definition would apply. A telephone is an instrument that converts voice and other sound signals into a form that can be transmitted to remote locations and that receives and reconverts waves into sound signals.
It would appear from this that an in helmet intercom system for motorcycle riders would be allowed if sound is only delivered to one ear.
Comments
Actually in Vancouver it is a bylaw offence
Just discovered that this is a bylaw offence for cyclists in the City of Vancouver. Is it time for the province to get on with it and make it an offence for province wide for BOTH motor vechicles and cyclists?
City of Vancouver website: http://vancouver.ca/engsvcs/transport/cycling/safety/regulations.htm#byl...
60A.
No person shall ride a bicycle upon a street while wearing headphones, or any other manufactured device capable of transmitting sound, over or in close proximity to both ears, except that this prohibition shall not apply to the wearing of a device designed and worn for the purpose of improving the wearer's ability to hear sounds emanating from outside of the device.
Headphones
It's mentioned above that when using a headset, only one ear may be occupied as of January 1st when making a hands-free cell phone call. Is it still true then that you could use headphones, which cover both ears, to listen to music? This seems somewhat contradictory. It seems more earbuds would be allowed as long as only 1 earbug was plugged in would be more in-line with the January 1st addition.
Would I be able to use a hand-free bluetooth headset that covers both ears to listen to an audio book on my drive to university, a lecture recorded from the previous day or music for example although be it would unwise to do so?
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No, you would not be able to listen to an audio book, except through the speakers of your vehicle's stereo system.
Is this also true for bicycles?
Is it correct that bicycle riders are not specifically forbidden from wearing headphones?
You are Correct
The rider of a cycle has the same rights and duties as the driver of a car. This means that you must follow the same rules for the use of headphones or ear buds that a car driver must follow.