This legislative session has already seen bills that would mandate helmets and orange safety vests. A ban on headphones can also be added to the list: SB 491 would prohibit the use of ear buds while riding a bicycle.
The Legislative Analyst summary describes this change as “non-controversial” because existing law already prohibits the use of full ear-covering headsets. Well, one wonders whether the analyst gets out much. Whereas there are hardly any cyclists out there riding around with studio headphones, iPhone-style ear buds are extremely popular. This bill would criminalize a very common behavior among cyclists.
Like the helmet legislation, an ear bud ban sounds sounds great in theory (no pun intended), but lacks any studies or data to back it up. It is unlikely to improve safety, or even change cyclist behavior. But it will almost certainly serve as a pretext for police to harass minorities.
And given the way “distracted walking” has become a thing, then it is not inconceivable that pedestrians will one day get the same treatment.
Bicyclists wearing ear buds can be compared to motorists listening to their car stereos with their windows up — a completely accepted legal activity which is not under attack or scrutiny.
With volume at reasonably soft to modest levels, there is little to no significant effect on one’s ability to hear horns, bells and other potential warning sounds.
But as volume is cranked unreasonably high — up toward blasting/booming/hearing-damage levels — regardless of whether driving a car or riding a bicycle — one’s ability to hear ambient warning sounds becomes significantly impaired.
So what is fairness or logic in prohibiting bicyclists from audio entertainment at even reasonable levels when motorists driving far, far more dangerous vehicles (larger, heavier, faster) are allowed to continue legally blasting their car stereos as loud as they like?
Don’t have it handy but I recall reading a study a while back that showed cyclists with earbuds in still showed equal or better ambient hearing than car drivers with their windows up.
At any volume, I can’t hear the music over the wind.
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It seems like Assembly members are reacting to the increased interest in cycling, demands for better infrastructure and the 3 foot passing law by lashing out, in legislative form, to criminalize various aspects of cycling that might be considered “the cause of accidents.”
Of course none of these enlightened assemblymembers would consider traffic engineering, law enforcement (or lack thereof), traffic behaviour, unfamiliarity with the traffic laws etc. In my area cities still insist on using bicycle beg buttons, even when a brand new bike lane has a loop detector and is to the left of a right hand turn lane. I am the only rider who doesn’t believe he is required to press a botton at every light. I’ve been told off by the Huntington Beach cops for sitting in the bike lane and not moving over to press a button. This is an example of the sort of stupidity that should be dealt with by the legislature instead outlawing music. How about outlawing the unnecessary use of winter tires and diesel engine mods that allow for drivers to assault my ears and “roll me in coal.” I get “rolled in coal” at least once a week.
California is still a state in which the police refuse/ are prevented from enforcing existing laws that protect pedestrians and cyclists. In my little corner of this sun bleached idiocracy a driver can drive 20mph above the speed limit, run a red without fear of consequence, never yield to a pedestrian in a crosswalk and cut off cyclists when making turns and always make illegal right hand turns to the left of cyclists. Nothing will happen to you. I don’t believe I have ever seen a cop enforce a traffic law around here – aside from “jaywalking” stings.