Q&A - Using Headphones While Driving

Question: 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 hands free 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 doesn't 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 hands free calling apply to this section?

Using Electronic Devices While Driving

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.

Headphones, Ear Phones or Ear Buds

Headphones, earphones or earbuds 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.

Definition of Telephone

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.

Exemption for Motorcycle Riders

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.

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