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Orange Squid
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Discussion Starter #1
I searched around the forum but couldn't get a definitive answer. I know lots of people listen to music through their bluetooth headsets and stuff but I also understand that wearing headphones while driving a car is illegal (at least that's what I've been told by cops).

My bikes are loud and I was contemplating getting some sort of earplug/headphone combo (I've seen some reviews on the Suzuki and Ducati boards but they don't really bring up local laws). Is there actually a law against this? Barring the operation of the actual device (iPod, phone, whatever you use), would listening to music through these things while riding be something I can get nicked for by the police? I already ride with earplugs when going longer distances so I don't go deaf but I don't want to get smeared by an ambulance or something either. I've seen ones that will actually let in ambient noise above a certain [adjustable] SPL and normalize the volume - which would alleviate this issue, even if I had to hear the drone of my bike as well.

Anyways - I've had more tickets than I can count for odd things like this and I'd love to know if I'm in danger of getting another before I go and spend $300+ bucks on a set of headphones. Any informed advice would be great.
 

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Fookin Prawn
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7,006 Posts
It's illegal. Friend of mine who is RCMP confirmed it. There's a clause that allows for one earbud for drivers for a hands free kit, but even one earbud is not allowed for motorcycle riders.
 

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From what I remember being told years ago, headphones are illegal, but in helmet speakers are not. So I have always hooked my ipod up through my scala rider.
 

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Fookin Prawn
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Despite what the law is, that doesn't necessarily mean you're automatically going to get nailed for it. If you're riding around not paying attention and getting distracted and making mistakes, you'll be getting a ticket if a cop witnesses that. I don't think I've ever heard of anyone being pulled over or specifically given a ticket because the cop just saw a headphone cord.
 

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I like traffic cones :S
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It's illegal. Friend of mine who is RCMP confirmed it. There's a clause that allows for one earbud for drivers for a hands free kit, but even one earbud is not allowed for motorcycle riders.
i guess i should thank them for saving me from myself.

oh no. never mind that knob in the car eating a burger and wondering all over the road... the headphones are the killer.
 

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Just A Bueller
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666 Posts
this is from the motor vehicle act in BC

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.


http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/36_308_2009
 

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Just A Bueller
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666 Posts
FrostyFire .... this is going to be the norm to get a ticket while telling a cop IT IS LEGAL and that Ignorance of the law IS NO EXCUSE. hahahaahahah
i know i am going to get a ticket for this :tredmill
 

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Resident Contrarian
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634 Posts
It's illegal. Friend of mine who is RCMP confirmed it. There's a clause that allows for one earbud for drivers for a hands free kit, but even one earbud is not allowed for motorcycle riders.
Could ICBC then refuse to cover you if you get into an accident and were wearing headphones? That would be my greatest concern.

Personally, I'll stick to earplugs just to be safe.
 

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BCSB Public Relations
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10,268 Posts
It's illegal. Friend of mine who is RCMP confirmed it. There's a clause that allows for one earbud for drivers for a hands free kit, but even one earbud is not allowed for motorcycle riders.
I've used earphones before and took them off at a few license checks/roadblocks/whatever right in front of cops and never had any comments.

Also have had the Sena headset on my helmet for the last few days, went through a roadblock:
"Hey, is that a headset?"
- Yup, I can talk to the other rider, take calls, listen to music
"Very cool!"

Illegal? Certain combinations (ex. earphones vs. headphones) might very well be, but it's not speeding, so it neve gets enforced!
 

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Tai-Pan
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3,681 Posts
I was told it is legal in BC but not in Washington.
I don't think the hands free rules are really for motorcycles, my bluetooth helmet set up has two speakers, and I have seen no motorcycle legislation that says riders may not where earphones in BC.
I have speakers in my helmet but I like earbuds as I see it being no different then wearing eaplugs in helmet my that has speakers.
I would like to see the legislation if it exsists because after the lies I heard from the VPD yesterday I know some cops will tell you anything if they think you will believe it and that often they really have no idea what the law is and just try to fake it.
 

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Just A Bueller
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666 Posts
so for those of you not reading THIS IS LEGAL FOR MOTORCYCLES
this is from the motor vehicle act in BC

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.


http://www.bclaws.ca/EPLibraries/bcl...de/36_308_2009
 

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601 Posts
i'm guessing that earplugs are just as illegal.

I'm guessing that's incorrect.

Riding a motorcycle without ear plugs will only lead someone to loosing certain tones. I've got a Shoei rf1100 helmet and i find that speeds over 60kmph for any length of time is fatiguing due to wind noise (without hearing protection)

I've been a commercial driver for 21 years and i have lost certain tones in my left ear due to driving with my window down.

i like having my music on long rides and i find it doesn't drown out surrounding noises completely.. ear bud styles enough that i can hear my music and it also helps keep down wind noise to a reasonable level.

But i just received my custom fit ear plugs. which will be used for work and while on two wheels.

I've been riding everywhere with my headphones in. But i haven't been stopped yet. 7500kms in the last couple months. I'm guessing i've been lucky.

probably just comes down to the officer you get if you get pulled over or are at a road check.
 

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I was told it is legal in BC but not in Washington.
I don't think the hands free rules are really for motorcycles, my bluetooth helmet set up has two speakers, and I have seen no motorcycle legislation that says riders may not where earphones in BC.
I have speakers in my helmet but I like earbuds as I see it being no different then wearing eaplugs in helmet my that has speakers.
I would like to see the legislation if it exsists because after the lies I heard from the VPD yesterday I know some cops will tell you anything if they think you will believe it and that often they really have no idea what the law is and just try to fake it.
I did some searching earlier, but couldnt find anything. As far as i know though, it (ear plugs/ear phones) has nothing to do with recent legislation, and has been on the books for decades. Will do some digging again later tonight probably.
 

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Resident Contrarian
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634 Posts
i'm guessing that earplugs are just as illegal.
I certainly hope not, we'd all be deaf without them... Be nice if we could get a proper response from BCCOM or someone official to verify this either way


Where? Section 10B says "the sound is emitted through the speakers of the sound system of the motor vehicle."
 

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Just A Bueller
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666 Posts
this is from the motor vehicle act in BC

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.




posted this its the bottom of section 7
(2) Subsection (1) (c) does not apply to a person who is driving or operating a motorcycle on a highway. <<<<RIGHT HERE I'LL POST AGAIN AFTER THIS SO YOU CAN SEE THE FULL LISTING
 

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Just A Bueller
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666 Posts
Prescribed electronic devices

3 (1) The following electronic devices are prescribed for the purposes of paragraph (c) of the definition of "electronic device" in section 214.1 of the Act:

(a) electronic devices that include a hands-free telephone function;

(b) global positioning systems;

(c) hand-held electronic devices, one of the purposes of which is to process or compute data;

(d) hand-held audio players;

(e) hand microphones;

(f) televisions.

(2) In subsection (1), "hand microphone" means a communication device consisting of a hand-held unit that

(a) is both receiver and microphone,

(b) is operated by a push and hold-to-talk function, and

(c) allows for oral communication, but not for the transmission and receipt of oral communication at the same time.
Installation of electronic devices
KEEP SCROLLING ALMOST THERE
4 (1) Subject to sections 7 (1) (a) and 8 (3), an electronic device listed in subsection (2) must be installed

(a) so that it is securely fixed to the motor vehicle, and

(b) in a manner that does not obstruct the driver's view of the front or sides of the motor vehicle or interfere with the safety or operating equipment of the motor vehicle.

(2) The following electronic devices are listed for the purposes of subsection (1):

(a) global positioning systems;

(b) electronic devices that include a hands-free telephone function;

(c) televisions.
Persons carrying out powers, duties or functions

5 For the purposes of section 214.5 (a) of the Act, the following classes of persons may use an electronic device while exercising their powers, duties or functions:

(a) a person appointed under section 11 of the Canada Border Services Agency Act to conduct intelligence, investigation or enforcement work of the agency in the Intelligence Division, the Criminal Investigators Division or the Pacific Region Enforcement Centre;

(b) a person designated as a park warden under section 18 of the National Parks Act.
New drivers exempt from section 214.2 of the Act
WAIT FOR IT HERE IT COMES
6 Section 214.2 of the Act does not apply to a person to whom a Class 7 or 7L licence is issued.
Hands-free use of electronic device
HERE IS SECTION 7 READ THE BOTTOM OF SECTION

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.
Global positioning system
 

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Fookin Prawn
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7,006 Posts
^ that's what I'm saying, according to the cop (maybe his interpretation?) that 7 (2) is saying motorcycle operators can't do it at all.
 

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Just A Bueller
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666 Posts
frosty read the last two
(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.
Global positioning system

Ergo you can use headset on a bike as a single does not apply to a bike . don't read only what you want read the whole thing if you miss part then it is easy to be interpreted how ever you like
 
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