Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 11 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Driving with Headphones, Legal?
Author Message
PostPosted: Fri Jun 10, 2011 7:59 am 
Offline
Newbie

Joined: Fri Jun 10, 2011 7:56 am
Posts: 3
I'm aware that driving with a bluetooth headset for my phone is legal, but what about headphones for music?


Top
 Profile  
 
Re: Driving with Headphones, Legal?
PostPosted: Fri Jun 10, 2011 9:42 am 
Offline
High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
While there is no law that specifically states you can't wear headphones, I believe it's illegal. One could argue that the act falls under careless driving (without due care and attention) since it would make it harder to hear sirens, horns, etc. It's also somewhat covered by the new cell phone legislation. Section 78.1(2) prohibits entertainment devices and states: "No person shall drive a motor vehicle on a highway while holding or using a hand-held electronic entertainment device or other prescribed device the primary use of which is unrelated to the safe operation of the motor vehicle". So if your headphones were plugged into any type of portable music player, I believe you'd be in violation of this section.


Top
 Profile  
 
Re: Driving with Headphones, Legal?
PostPosted: Fri Jun 10, 2011 10:23 am 
Offline
Newbie

Joined: Fri Jun 10, 2011 7:56 am
Posts: 3
So it's not really the fact that I cannot hear, it's more along the lines of using a device that might get me into trouble. Because deaf people are allowed to drive which makes the argument of not being able to hear sirens a moot case. If the headphones were plugged into my car stereo or if your stereo is fancy enough, utilized bluetooth (my brother's car does this), would that still fall under the hands-free law?

Basically, if I was to be pulled over for this by a police officer, they could 'interpret' any number of laws to slam me with.


Top
 Profile  
 
Re: Driving with Headphones, Legal?
PostPosted: Sun Jun 12, 2011 3:28 pm 
Offline
High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
RealMarkP wrote:
Because deaf people are allowed to drive which makes the argument of not being able to hear sirens a moot case.


I'd disagree. I don't think the Courts would be alright with reduced situational awareness if it were due to personal entertainment versus a disability. Rulings relating to excessive noise have often cited the fact it makes it difficult for the driver and/or other motorists to hear sounds/warnings that they need to regardless of the fact that some drivers are deaf. Also consider that the HTA does grant exemptions for persons with medical conditions from certain laws.


Top
 Profile  
 
Re: Driving with Headphones, Legal?
PostPosted: Wed Sep 05, 2012 5:19 pm 
Offline
Newbie

Joined: Wed Sep 05, 2012 5:07 pm
Posts: 1
Stanton wrote:
While there is no law that specifically states you can't wear headphones, I believe it's illegal. One could argue that the act falls under careless driving (without due care and attention) since it would make it harder to hear sirens, horns, etc. It's also somewhat covered by the new cell phone legislation. Section 78.1(2) prohibits entertainment devices and states: "No person shall drive a motor vehicle on a highway while holding or using a hand-held electronic entertainment device or other prescribed device the primary use of which is unrelated to the safe operation of the motor vehicle". So if your headphones were plugged into any type of portable music player, I believe you'd be in violation of this section.


Couldn't I argue that under 78.1(3) if my iPod were in the 'hold' postion, the buttons are disabled and therefore for all intents and purposes the device is now in hands-free mode? If not, I certainly could modify the onboard firmware to have the screen display "Hands-Free Mode" while in this state. This should further ensure the exemption since the device obviously has been designed with road safety in mind!

Exhibit A. See judge? Its hands free! :D


Top
 Profile  
 
Re: Driving with Headphones, Legal?
PostPosted: Tue Sep 11, 2012 9:07 am 
Offline
Moderator
User avatar

Joined: Fri Apr 11, 2008 2:49 pm
Posts: 1490
Location: somewhere in traffic
Here is the monkey wrench.......... connect your "Hands-free stereo headphones to your phone".... listen to music, but be able to recieve calls......... and when pulled over you tell the officer, "but it's attached to my phone for "hands-free"..... now you be the officer........ continue the discussion........

_________________
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


Top
 Profile  
 
Re: Driving with Headphones, Legal?
PostPosted: Fri Jan 25, 2013 1:30 am 
Offline
Newbie

Joined: Thu Jan 03, 2013 3:05 am
Posts: 5
If your country's local law rules allow then it's legal other wise it's illegal. Some county law allow it and some not allow it. So first know your local rule and then after driving with headphones.


Top
 Profile  
 
Re: Driving with Headphones, Legal?
PostPosted: Fri Jan 25, 2013 3:49 am 
Offline
Member

Joined: Fri Sep 30, 2011 8:42 am
Posts: 138
AndruLuka wrote:
If your country's local law rules allow then it's legal other wise it's illegal. Some county law allow it and some not allow it. So first know your local rule and then after driving with headphones.


Hi AndruLuka.

If you haven't noticed, this board is in regards to the Ontario Highway Traffic Act, a piece of legislation that exists in Ontario, Canada. 'County law', 'local rule' or 'state law' (as you've mentioned in some of your other posts) are completely irrelevant to anything discussed on this forum.

Also, generally, when you don't know the answer to something, you don't generally reply. We try to give a definitive answer or provide example of legislation that provides answers to peoples' questions, not 'check the law and see if it's legal'.

Good luck amigo.

_________________
No, I am not the chief of Toronto Police.
No, I do not work for Toronto Police...
... it is just a name folks :)


Top
 Profile  
 
Re: Driving with Headphones, Legal?
PostPosted: Fri Jan 25, 2013 2:14 pm 
Offline
Jr. Member

Joined: Tue Jan 04, 2011 11:10 am
Posts: 37
tdottopcop wrote:

Hi AndruLuka.

If you haven't noticed, this board is in regards to the Ontario Highway Traffic Act, a piece of legislation that exists in Ontario, Canada. 'County law', 'local rule' or 'state law' (as you've mentioned in some of your other posts) are completely irrelevant to anything discussed on this forum.


These kind of posts are generally done to increase the position of the poster's Google Search. The search algorithms take into account how many links point back to their website so they just make a neutral comment and include a link back to the site they are promoting. If the moderator just strips the link from their posting, it removes any value for them. Probably posted by someone who, as the sign on the pole at the intersection says, is "making $100,000 working from home".


Top
 Profile  
 
Re: Driving with Headphones, Legal?
PostPosted: Fri Jan 25, 2013 8:24 pm 
Offline
Moderator
User avatar

Joined: Mon Mar 14, 2011 11:31 am
Posts: 684
Just start deleting the entire post and ban the account name. :)


Top
 Profile  
 
Re: Driving with Headphones, Legal?
PostPosted: Sun Jan 27, 2013 4:38 pm 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
fredfred wrote:
These kind of posts are generally done to increase the position of the poster's Google Search. The search algorithms take into account how many links point back to their website so they just make a neutral comment and include a link back to the site they are promoting. If the moderator just strips the link from their posting, it removes any value for them. Probably posted by someone who, as the sign on the pole at the intersection says, is "making $100,000 working from home".


I get the impression we won't have to worry about him anymore.

_________________
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 11 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Motorcycle - Riding with Headphones and No Mirrors (Legal?)

rust0r0

4

8865

Tue May 13, 2008 9:21 am

hwybear View the latest post

There are no new unread posts for this topic. Got pulled over for driving a rental car. Legal?

[ Go to pageGo to page: 1, 2 ]

Rentalpullover

20

897

Fri Feb 19, 2016 9:25 am

bobajob View the latest post

There are no new unread posts for this topic. Would this be legal?...

Bookm

11

817

Thu Sep 24, 2009 7:23 pm

Squishy View the latest post

There are no new unread posts for this topic. Is this legal?

legalize-it

14

4895

Thu Jan 29, 2015 9:16 pm

Canadianguy View the latest post

This topic is locked, you cannot edit posts or make further replies. Is this legal?

UnluckyDuck

4

577

Tue Mar 31, 2015 11:09 am

Radar Identified View the latest post

There are no new unread posts for this topic. Attachment(s) Is this sign legal?

curiousaboutsigns

3

777

Wed May 18, 2011 6:03 am

Stanton View the latest post

There are no new unread posts for this topic. Is this legal (Lighting)?

cowcow

9

3859

Tue Apr 16, 2013 2:51 pm

Reflections View the latest post

There are no new unread posts for this topic. What would you do? Is there any legal course of action?

Observer135

3

364

Sat Aug 13, 2016 12:05 am

rank View the latest post

There are no new unread posts for this topic. is it legal to tint your headlights??

chris_dalacker

2

10906

Sun Jul 18, 2010 12:22 am

beleafer81 View the latest post

There are no new unread posts for this topic. Street legal headlamps

pgoldsmith123

5

1832

Thu Mar 07, 2013 12:13 pm

AlienPrime View the latest post

There are no new unread posts for this topic. Ott Legal vs Pointts vs Others

serene78

0

486

Mon Oct 21, 2013 12:36 pm

serene78 View the latest post

There are no new unread posts for this topic. dashcam legal question

bobajob

4

426

Thu May 25, 2017 5:02 pm

Blue View the latest post

 


Who is online

Users browsing this forum: Google [Bot] and 4 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.