Q&A - Using Headphones While Driving

Q&A ImageQUESTION: Are you allowed to wear headphones, earphones or earbuds while driving a vehicle in British Columbia? Can an officer ticket you for using earbuds for handsfree calling even if they are not in use? One of my earbuds doesn't work but i have to put it in my ear because the mouthpiece is attached to the one that doesnt work and the sound comes out of the other one.

It was only in view after i was pulled over at a complete stop.  there is no way he would have been able to see my earbuds from a distance. i was ticketed under section 214.2(1)$167  which states "A person must not use an electronic device while driving or operating a motor vehicle on a highway" how do earbuds for handsfree calling apply to this section?

ANSWER: 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.

There is a specific exemption from this part of the regulations for motorcycle riders:

Hands-free use of electronic device

7  (1) Subject to subsection (2), a person may use an electronic device in a hands-free telephone function while driving or operating a motor vehicle on a highway, if the device

(a) is installed in accordance with section 4 and within easy reach of the driver's seat, or worn securely on the person's body,

(b) is voice-activated or requires only one touch in order to initiate, accept or end a call, and

(c) in the case of a device that includes an earpiece, the earpiece is worn only in one ear.

(2) Subsection (1) (c) does not apply to a person who is driving or operating a motorcycle on a highway.

Prohibition against use of electronic device while driving

214.2  (1) A person must not use an electronic device while driving or operating a motor vehicle on a highway.

"use", in relation to an electronic device, means one or more of the following actions:

(d) taking another action that is set out in the regulations by means of, with or in relation to an electronic device.

The head phones were mentioned when i was pulled over and not driving. it would have been impossible to see head phones on me if i was using them while driving. it bothers me that he was finding any excuse to ticket me. The good thing is that I had recieved a call while I was pulled over and waiting for the cop to approach my vehicle, the person on the other end heard our entire conversation.... Will the court except a written statement from this person stating what they heard on the other end or do they have to be in court in person? They clearly heard that the cop was angry and only noticed the headphones afte the fact and threaten to ticket me because I questioned the cop it angered them so they ticketed me anyways.

In reply to by Sg2013 (not verified)

Since I wasn't there, I have to rely on you to know what the officer saw or didn't see. If you were not wearing both earbuds when you drove up to this it is an easy situation to deal with. If you were, then you have to be able to draw out of the officer by cross examination that he could not have seen you violate the rule.

Currently, there is no way to enter witness testimony into court without the witness to actually stand up and speak.

In reply to by DriveSmartBC

the whole situation has really upset me as i am a good driver and obey the law and it shows in my record.  i am sure the cop can easily say that he saw me wearing them while driving to defend his case but i am not a lawyer so i don't know how to draw out that he didn't. the fact that he was focused on speeders and not earbud use would be something i could point out. it's just really unfair to ticket someone because you are angry with them and have the power to do so.  

Most motorcycle intercoms do not actually sit in or touch the ear, but rather are mounted in a cavity within the helmet - leaving plenty of airspace between the speakers and the ears.  It's not an earpiece.  If it's mounted in a fashion that allows the mini speaker to touch the ear, it's actually very uncomfortable...  and in that case I would agree that it's dangerous.

However, mounted and used properly, a rider still has full audio awareness of their surroundings.