Are You Allowed

[jennyjoan]

To drive and listen to music on ear/headphones whilst driving.

[drmorgans]

Yes. But if police believe it caused the driver to be distracted then they could be prosecuted.

[Mamyalynne]

No specific law, but...

https://www.thesun.co.uk/motors/7941202/is-it-illegal-to-drive-with-headphones-on-fine-penalty-points-driving-ban/

[sanmac]

I don't really know, but I know I wouldn't. To me safe-driving means that you are aware of all sounds around you.

[teacake44]

You can do a lot of things when driving that are not always against the law on paper, but also remember that you can be seen by any officer as driving without due care and attention.

[sanmac]

I don't understand why some bicycle riders go around down with ear-phones on; they, of all people on the road, should really be aware of whats going on around them.

[TonyV]

I would not have thought it was safe, do not know what charge might be, but your normal hearing would be impaired of anything happening around you.

[Mamyalynne]

Interestingly - UK.


//Car or motorcycle licence
You don’t need to tell DVLA if you’re deaf.//

Not sure if it's the same with you JJ.

[retrocop]

Driving without due care and attention was the usual summons for this offence.I recall a Fire appliance on the blues and twos crossing a junction controlled by traffic lights that were red in St Johns Wood.They t-Boned a MGB GT which resulted in the death of the passenger and driver seriously injured. The subsequent accident investigation established that the radio in the MGB was at such a volume that they would not of heard the two tone sirens of the approaching fire engine. The driver was summoned for WDC when he recovered from his injuries. :-(
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[jennyjoan]

mamy - question not about me but about a very young driver - I seen him with earphones - only 18 years of age - so since you are not allowed mobile phones in the car - I did wonder regarding the earphones - are they not the same thing - a distraction.

[jennyjoan]

sorry Mamy - just read your link - so is it legal or illegal I wonder.

[Mamyalynne]

As others have stated, there is no specific law but if someone is involved in an incident then their use would be taken into account and may go against them.

I'd say, don't do it.

[sanmac]

JJ, that link is merely an article from a newspaper which discusses the issue and, which while expressing some opinions, cannot definitely answer your question. I don't know where you can find out if the action of using head or ear-phones is legal or not. Some of the issues involved in The Highway Traffic Acts are really vague.

[Mamyalynne]

https://www.rospa.com/rospaweb/docs/advice-services/road-safety/drivers/headphones-as-a-driver-distraction.pdf

[sanmac]

There it is, JJ, from Mamayalynne's post: "In the UK,it is not specifically illegal to drive while wearing headphones, but if the police believe a driver was distracted or not in full control of their vehicle, the driver couldbe stopped and penalised3"...See how vague it is? It more of less says that it's not illegal; however, it might be in some situations.

[Barsel]

Mamya I'm surprised you don’t need to tell DVLA if you’re deaf. I thought being deaf was a disability and the DVLA have to be informed. Like you, I would say don't do it, as I feel you need all your wits about you to drive these days. I even have my mobile phone switched off when driving.

[Mamyalynne]

I know I was surprised too., I certainly know I could never drive now as I'd fail the vision requirements.

https://www.gov.uk/deafness-and-driving

[Buenchico]

The problem with deciding what is, or isn't illegal, when driving is that there are very few 'specific' laws (such as the one which says that you can't use a handheld mobile phone while driving). Most prosecutions are brought under 'general' laws, where it's up to a court to decide whether or not the law has been infringed.

For example, there's no specific law that says you can't drive a vehicle on the right-hand-side of the road. If the police see you doing it, they have to decide which (if any) 'general' law has been transgressed. i.e. they have to decide whether it's 'dangerous driving', 'driving without due care and attention', 'driving without reasonable consideration for other road users' or whatever. You can't be charged with 'driving on the wrong side of the road', simply because there's no such specific offence. (The milkman who drives his milk float down the right-hand-side of an otherwise deserted, well-lit road at 5am almost certainly ISN'T breaking the law because it's not dangerous, lacking in care and attention or lacking in consideration for other road users).

So if the police see you driving while using earphones/headphones, they can't charge you with 'driving while using headphones'. (There's no such specific offence). They have to decide whether they can convince a court that your driving is 'dangerous' or 'lacking in due care and attention' (or something else).

Therefore, unlike driving while using a handheld mobile phone (which can AUTOMATICALLY lead to police action), driving while using headphones/earphones MIGHT result in police action but it's NOT automatic.

As an analogy, people have ended up in court because they've been seen unwrapping a sweet while driving, eating a Mars bar while driving, tuning their car radio while driving, lighting a cigarette while driving, etc, etc but not everyone whom the police see carrying out such actions ends up in court. It can only happen when the police (and then the CPS) are confident that they can show that it resulted in driving which was 'dangerous' or (far more likely) 'lacking in due care and attention'.