Headphones in traffic: when penalties are imminent - and when not

Created: 01/14/2023 08:29

By: Fabian Pieper

A cyclist with headphones - is that allowed?

© Emily Wabitsch/dpa

Headphones in traffic are no longer a rarity, especially among young wearers.

But they harbor risks – also of a legal nature.

Berlin – Since the middle of the last decade at the latest, wireless Bluetooth headphones have been gaining more and more ground among consumers. You can also see many mostly young people on German roads with headphones in their ears or on their heads.

They walk, jog, ride bikes.

But is that generally allowed?

Kreiszeitung.de summarizes the answer.

Headphones in traffic: The volume is crucial

A look at the road traffic regulations (StVO) brings a certain clarity.

Paragraph 23 (“Other obligations of vehicle drivers”) states in paragraph 1 that “vision and hearing are not impaired”.

Strictly speaking, wearing headphones would therefore constitute a violation of the StVO.

But it doesn't come to that automatically.

Because volume is key.

Anyone who only listens to soft music or podcasts and is therefore still able to hear the noises in their environment will not be fined.

Some cell phones even offer functions to keep the music from getting too loud.

The situation is different when the music is too loud to be able to perceive the surroundings.

If a pedestrian, cyclist or motor vehicle driver fails to hear warning signals such as a siren or obstructs traffic due to loud music, not only is there a risk of hearing damage, but also a fine of 10 euros.

It doesn't matter whether the music comes from headphones or speakers.

And there may be other costs, such as blocking emergency vehicles.

• types of headphones

• In-ear headphones:

  They are inserted into the ear cup.

  There are types that close the auditory canal due to their shape and thus block noise from the outside.

  Other types only fit loosely in the auricle.

• On-ear headphones:

  They are placed on the ears.

  The cushion lies on the ear, the sound partly escapes to the outside.

• Over-ear headphones:

  They completely cover the ears.

  As a result, they shield against ambient noise and only allow a small amount of sound to escape to the outside.

  They are usually large and heavy.

If a cyclist is stopped by the police with his cell phone in his hand, there is a risk of a fine of 55 euros - even if the cell phone was not used.

However, it is permitted to attach the mobile phone to a holder on the steering wheel.

However, it can then only be used by averting your gaze from the road for a short time, as appropriate to the circumstances.

The consequences can be even more drastic if the wearer is involved in a traffic accident.

Then he can be assigned partial or even full blame.

In the worst case, the claims for compensation for pain and suffering or damages expire.

And there can also be inconveniences when it comes to insurance cover, since some insurance companies classify wearing headphones in traffic as gross negligence.

They can then partially or even completely refuse to cover the costs.

Telephoning with headphones is allowed – but not everywhere

By the way: Telephoning with headphones is generally permitted in traffic as long as the mobile phone is not being held in the hand, the driver is distracted by the conversation or the conversation is so loud that warning signals could be overheard.

But the same applies here: In the event of an accident, financial hardship could come your way.

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Different countries, different customs: In France, the use of headphones and hands-free devices has been banned since 2015.

The use of headphones can also be expensive in Italy: 160 euros threaten there.

In Austria and Switzerland, on the other hand, similar regulations apply as in Germany.