Is It Illegal to Wear Headphones While Driving in California?

Yes. In California, it is generally illegal to drive with headphones, earbuds, or earplugs in both ears. California Vehicle Code § 27400 applies to people operating motor vehicles and bicycles. The law generally allows a driver to use one earbud or a single-ear headset, as long as the other ear remains uncovered and no separate distracted-driving law is violated. (LegiInfo)

The rule applies regardless of whether the device is wired, wireless, Bluetooth-enabled, noise-canceling, or set to a low volume. California law focuses primarily on whether headphones, earphones, or earplugs are worn in both ears.

Headphones can make it harder to hear sirens, horns, approaching vehicles, bicyclists, pedestrians, and warnings from other road users. They may also contribute to distraction when a driver adjusts an earbud, changes music, answers a call, or operates a phone.

What Does California Vehicle Code § 27400 Prohibit?

Under California Vehicle Code § 27400, a person operating a motor vehicle or bicycle may not wear:

• A headset covering both ears
• Earplugs inserted into both ears
• Earphones covering both ears
• Earphones resting on both ears
• Earphones inserted into both ears

The statute is broad enough to cover traditional headphones, wireless earbuds, AirPods, Bluetooth devices, and similar audio equipment when worn in both ears. (LegiInfo)

A driver does not necessarily comply with the law simply by lowering the volume, turning off noise cancellation, activating a transparency setting, or pausing the audio. The statute regulates how the device is worn, not merely whether sound is playing.

Can You Wear One Earbud While Driving in California?

California Vehicle Code § 27400 specifically prohibits devices worn in both ears. For that reason, using one earbud or a single-ear headset is generally permitted under that particular law.

A driver may use one earbud for navigation instructions, a hands-free telephone call, or audio while leaving the other ear open. However, the fact that one earbud may be allowed does not mean every related action is legal or safe.

Drivers should not:

• Hold a phone while driving
• Type, scroll, or search for music
• Read or send messages
• Adjust applications while the vehicle is moving
• Allow a call or audio program to divert attention from traffic
• Play audio loudly enough to reduce awareness of surrounding conditions

California separately prohibits driving while holding and operating a handheld wireless telephone or electronic communications device. Under California Vehicle Code § 23123.5, a mounted device may generally be operated by hand only through a single swipe or tap used to activate or deactivate a function. Manufacturer-installed systems embedded in the vehicle are treated separately. (LegiInfo)

In practical terms, one earbud may be legal, but the safer option is usually to use the vehicle’s built-in audio system and select music or directions before beginning the trip.

Can You Drive With AirPods in California?

A driver generally cannot wear AirPods in both ears while operating a vehicle in California unless a specific statutory exception applies.

AirPods are still earphones even though they are wireless and may offer transparency, ambient-sound, or noise-canceling settings. The law does not contain an express exception for AirPods that transmit outside sound electronically.

Using only one AirPod is generally permitted under Vehicle Code § 27400 because the other ear remains uncovered. A driver must still avoid distractions such as:

• Choosing a playlist or podcast
• Replacing a loose or fallen earbud
• Adjusting transparency or noise-canceling settings
• Responding to notifications
• Answering calls manually
• Looking away from the road to operate a device

A transparency setting may improve the driver’s ability to hear outside sounds, but it does not expressly make it legal to wear AirPods in both ears.

Are Bluetooth Headsets Legal While Driving?

A single-ear Bluetooth headset is generally permitted in California. A Bluetooth headset covering, resting on, or being inserted into both ears generally is not.

The term “hands-free” can also be misleading. A Bluetooth connection may allow a driver to communicate without holding the phone during the call, but the driver must still comply with California’s restrictions on manually operating a wireless device.

Using voice commands, steering-wheel controls, or a manufacturer-installed system is usually safer than holding or repeatedly touching a phone. Drivers should configure their devices before entering traffic whenever possible.

Does California’s Headphone Law Apply to Bicyclists?

Yes. California Vehicle Code § 27400 expressly applies to people operating either a motor vehicle or a bicycle. A bicyclist generally cannot ride with headphones or earbuds in both ears, even while traveling in a designated bicycle lane. (LegiInfo)

Bicyclists need to remain alert for vehicles approaching from behind, opening car doors, emergency vehicles, pedestrians, other cyclists, and verbal warnings. Leaving one ear uncovered may help, but eliminating audio distractions entirely is often safer.

Anyone injured in a cycling collision can also review State Law Firm’s information about working with a California bicycle accident lawyer. 

Who Is Exempt From California’s Headphone Law?

California Vehicle Code § 27400 contains several limited exceptions. The prohibition does not apply to:

1. A person operating an authorized emergency vehicle
2. A person operating special construction equipment
3. A person operating equipment used to maintain a highway
4. A person operating refuse-collection equipment while using qualifying safety headsets or safety earplugs
5. A person wearing hearing protectors specifically designed to reduce dangerous noise without preventing the person from hearing emergency sirens or vehicle horns
6. A person using a prosthetic device that assists the hard of hearing

These exceptions apply to specific jobs, safety equipment, or hearing needs. They do not create a general exception for drivers who prefer to wear two earbuds during an ordinary trip. (LegiInfo)

Are Hearing Aids Allowed?

Yes. California law expressly exempts a person using a prosthetic device that aids the hard of hearing. A hearing aid or similar assistive device is not treated the same as ordinary entertainment headphones.

Are Earplugs Allowed While Driving?

Ordinary earplugs worn in both ears are generally prohibited.

The statute contains a limited exception for personal hearing protectors specifically designed to reduce injurious noise levels without preventing the wearer from hearing an emergency siren or another vehicle’s horn. Standard foam earplugs or noise-blocking plugs may not satisfy that requirement.

What About Bone-Conduction or Open-Ear Headphones?

Drivers should not assume that bone-conduction or open-ear headphones are automatically exempt.

Vehicle Code § 27400 applies not only to equipment inserted into the ear canal but also to qualifying devices covering or resting on both ears. Whether a particular design falls within the statutory language may depend on where and how the device is worn.

The cautious approach is to avoid wearing any audio equipment on both ears while operating a vehicle or bicycle.

Can You Get Pulled Over for Wearing Headphones?

An officer who observes a driver wearing headphones or earbuds in both ears may initiate a traffic stop and issue a citation for violating Vehicle Code § 27400.

A headphone violation can become more significant when it is accompanied by other conduct, such as:

• Holding or operating a phone
• Drifting between lanes
• Failing to yield to an emergency vehicle
• Speeding
• Running a traffic signal
• Failing to notice a bicyclist or pedestrian
• Causing a collision

The precise consequences of a citation may depend on the alleged violation, court assessments, the driver’s record, and whether other offenses are involved.

Why Can Wearing Headphones While Driving Be Dangerous?

Drivers use more than their eyesight to identify danger. Sound can warn a driver about something outside the immediate field of vision.

Headphones may make it harder to hear:

• An ambulance, fire engine, or police vehicle
• A horn from a vehicle in another lane
• A motorcycle approaching from behind
• A pedestrian or bicyclist giving a warning
• Screeching brakes or skidding tires
• A railroad-crossing signal
• A mechanical problem with the driver’s own vehicle

Headphone use can also create manual, visual, and cognitive distractions. The California Office of Traffic Safety describes distracted driving as anything that takes a person’s eyes, hands, or mind away from driving. Mobile devices remain one of the most significant sources of driver distraction. 

The National Highway Traffic Safety Administration reported that 3,208 people were killed in motor vehicle crashes involving distracted drivers in 2024. Those crashes involved many types of distraction and were not limited to headphone use, but the figures illustrate why drivers should minimize activities that compete for their attention. 

Can Headphone Use Affect Liability After a Car Accident?

Yes. When a driver wearing headphones causes a collision, the headphone use may be relevant to determining how the crash occurred.

Wearing headphones does not automatically prove that the driver caused the accident. The injured person must still show that the driver failed to use reasonable care and that the conduct contributed to the collision and resulting injuries.

Headphone use may be particularly relevant when a driver:

• Failed to yield to an emergency vehicle
• Did not respond to another vehicle’s horn
• Drifted into another lane while adjusting an earbud
• Rear-ended stopped traffic while selecting audio
• Failed to notice a bicyclist or pedestrian
• Held or manually operated a phone
• Admitted that music or a conversation diverted attention

A driver who drifts or makes an unsafe lane change while adjusting headphones may be responsible for the resulting collision, depending on the evidence and surrounding circumstances. 

Evidence that a driver violated Vehicle Code § 27400 may support an argument that the driver was not operating the vehicle with reasonable care. However, the relationship between the violation and the collision remains important.

What Evidence Can Show That a Driver Was Wearing Headphones?

Evidence of headphone use may include:

• Photographs or videos from the accident scene
• Dash-camera recordings
• Surveillance footage from nearby homes or businesses
• Statements made by the driver
• Witness observations
• Police body-camera footage
• The traffic-collision report
• Earbuds or headphones found in the vehicle
• Phone or device records, when legally obtainable
• Emergency-call recordings
• Social media posts or recordings made near the time of the accident

Evidence can disappear quickly. Video recordings may be overwritten, witnesses may become difficult to locate, and damaged vehicles may be repaired or destroyed.

A California car accident attorney can investigate the collision, identify potential sources of evidence, communicate with insurers, and evaluate whether distraction contributed to the crash.

What Damages May Be Available After a Distracted-Driving Accident?

A person injured by a distracted driver may be entitled to pursue compensation for losses caused by the collision.

Depending on the facts, recoverable damages may include:

• Emergency treatment
• Hospital bills
• Follow-up medical appointments
• Physical therapy and rehabilitation
• Prescription medication
• Future medical care
• Lost wages
• Reduced future earning capacity
• Vehicle repairs or replacement
• Damage to other personal property
• Physical pain
• Emotional distress
• Loss of enjoyment of life

The value and availability of compensation depend on the person’s injuries, medical documentation, evidence of fault, insurance coverage, responsible parties, and other case-specific circumstances.

California follows comparative-fault principles. When more than one person contributes to an accident, responsibility may be divided among them. A careful investigation is particularly important when an insurer argues that the injured person also shares some of the blame.

What Should You Do After an Accident With a Driver Wearing Headphones?

After any collision, prioritize immediate safety and medical care.

When possible:

1. Move to a safe location. Avoid standing in active traffic.
2. Call 911 when someone may be injured or the scene remains dangerous.
3. Seek medical attention. Some injuries do not become obvious immediately.
4. Photograph the scene. Include the vehicles, roadway, traffic controls, visible injuries, debris, and surrounding cameras.
5. Obtain the other driver’s contact and insurance information.
6. Collect witness names and telephone numbers.
7. Preserve any photographs, recordings, messages, and damaged property.
8. Tell the investigating officer what you personally observed. Mention if you saw the driver removing headphones or earbuds immediately after the crash.
9. Separate facts from assumptions. Do not exaggerate or claim to have seen something you did not personally observe.
10. Be cautious when speaking with an insurance adjuster. A recorded statement may later be used to challenge your account or the severity of your injuries.

A Sherman Oaks personal injury lawyer can assess the evidence and explain the options that may be available under California law. 

Do Headphone Laws Differ From State to State?

Yes. Headphone and earbud laws are not uniform throughout the United States.

Some states prohibit drivers from using headphones in both ears. Others permit broader use, recognize different exceptions, or address the conduct through general distracted-driving laws.

Drivers traveling outside California should review the current law in the state where they will be driving. They should not assume California’s rule applies in every jurisdiction.

For California drivers, the central rule is straightforward: do not operate a motor vehicle or bicycle with headphones, earbuds, or earplugs covering, resting on, or inserted into both ears unless a specific statutory exception applies.

Frequently Asked Questions

Is it illegal to wear headphones while driving in California?

It is generally illegal to wear headphones, earbuds, earphones, or earplugs in both ears while driving. California Vehicle Code § 27400 applies to motor-vehicle drivers and bicyclists.

Can you wear one earbud while driving?

Using one earbud is generally permitted under Vehicle Code § 27400 because the statute prohibits devices worn in both ears. The driver must still comply with California’s handheld-device laws and remain attentive to traffic.

Can you wear AirPods while driving?

A driver generally may use one AirPod but cannot wear AirPods in both ears while operating a vehicle. Transparency mode or low volume does not create an express exception to Vehicle Code § 27400.

Is it legal to drive with headphones if no music is playing?

Generally, no. The statute regulates the wearing of qualifying headphones or earphones in both ears. It does not state that sound must be playing before the prohibition applies.

Can bicyclists wear headphones in California?

A bicyclist generally cannot wear headphones or earbuds in both ears. Vehicle Code § 27400 expressly applies to people operating bicycles as well as motor vehicles.

Are hearing aids allowed while driving?

Yes. California law contains an exception for prosthetic devices that aid the hard of hearing.

Who may legally drive with a headset covering both ears?

The law contains limited exceptions for authorized emergency-vehicle operators, certain construction and highway-maintenance workers, refuse-collection operators using safety equipment, people using qualifying hearing protection, and people using prosthetic hearing devices.

Can you get pulled over for driving with headphones?

An officer who sees a driver wearing headphones or earbuds in both ears may stop the vehicle and issue a citation. Additional violations may apply if the driver was also holding a phone or driving unsafely.

Can headphone use be used as evidence after an accident?

Potentially. Investigators, attorneys, and insurance companies may consider headphone use when determining whether a driver was distracted or failed to react to an audible warning. Its significance depends on the circumstances of the collision.

Speak With State Law Firm After a Distracted-Driving Accident

A distracted-driving accident can leave an injured person dealing with medical appointments, missed work, vehicle damage, and an insurance company that disputes what happened.

When headphones, earbuds, or a phone may have distracted the other driver, preserving evidence early can make an important difference.

State Law Firm represents people injured in car, bicycle, and other vehicle accidents throughout California. Its attorneys can investigate signs of distraction, communicate with insurance companies, assess the available evidence, and explain the legal options that may be available.

Review examples of the firm’s work on its case studies page, or call (877) 659-9223 for a free consultation. You pay no attorney fees unless State Law Firm obtains a recovery for you. Every case depends on its individual facts, evidence, injuries, insurance coverage, and applicable law.