2006 Code of Virginia § 46.2-1078 - Unlawful to operate motor vehicle, bicycle, electric personal assistive mobility device, electric p...

46.2-1078. Unlawful to operate motor vehicle, bicycle, electric personalassistive mobility device, electric power-assisted bicycle, or moped whileusing earphones.

It shall be unlawful for any person to operate a motor vehicle, bicycle,electric personal assistive mobility device, electric power-assisted bicycle,or moped on the highways in the Commonwealth while using earphones on or inboth ears.

For the purpose of this section, "earphones" shall mean any device worn onor in both ears that converts electrical energy to sound waves or whichimpairs or hinders the person's ability to hear, but shall not include (i)any prosthetic device that aids the hard of hearing, (ii) earphones installedin helmets worn by motorcycle operators and riders and used as part of acommunications system, or (iii) nonprosthetic, closed-ear, open-back,electronic noise-cancellation devices designed and used to enhance thehearing ability of persons who operate vehicles in high-noise environments,provided any such device is being worn by the operator of a vehicle with agross vehicle weight rating of 26,000 pounds or more. The provisions of thissection shall not apply to the driver of any emergency vehicle as defined in 46.2-920.

(Code 1950, 46-219.1; 1950, p. 882; 1958, c. 541, 46.1-202.1; 1989, c.727; 1993, c. 126; 1997, c. 36; 2001, c. 834; 2002, c. 254.)