16 May Expert warns Brits they could face €200 fine for cycling with earphones in when holidaying in Spain
Brits are being warned that they could face a penalty of €200 if caught cycling whilst wearing earphones, when holidaying in Spain.
With the holiday season just around the corner, Brits may be travelling abroad to explore new scenery and visit landmarks off their bucket list. A fantastic way of getting around can often be by bicycle instead of following your route on foot.
To help Brits stay on the right side of the law and avoid any related fines, Legal Team Leader at Cycle SOS, Lena Farnell, has shared what the current law is on cycling with earphones in across the UK, as well as where Brits could face penalties for the same behaviour when holidaying in Europe or the states.
What’s the current law on wearing earphones whilst cycling in the UK?
“It is not illegal to cycle in the UK whilst wearing earphones or headphones. However, it’s important to note that you could be prosecuted for cycling dangerously as this constitutes a breach of the Road Traffic Act (1991).”
What is the law regarding wearing earphones whilst cycling in Europe?
“It is legal to wear earphones whilst cycling in the UK, Sweden and Germany. However, German law stipulates that you must be able to hear surrounding traffic noises, and therefore you must have the sound on low, rather than blasting. It is also legal to wear earphones whilst cycling in Belgium, despite many calling for it to be banned.”
“It is illegal to cycle whilst wearing earphones in popular holiday locations, Spain and France. The ban came into force in France in 2015, whilst current Spanish law, (which was updated in 2014) states that you cannot cycle whilst listening to music through headphones or earbuds.”
“Cyclists who are caught wearing earphones can expect to pay a €200 fine in Spain, whilst if you’re found in breach of the rules in France, you can expect to be fined €135.”
“Italy and Portugal take a different stance, requiring that cyclists wear just one earphone whilst cycling, with a penalty of approximately €160 if you’re wearing both earphones whilst cycling in Italy.”
What is the law regarding wearing earphones whilst cycling in America?
“In the vast majority of states, it is legal to cycle whilst wearing earphones in America. However, there are a number of states which regulate the use of earphones whilst cycling. California, Maryland and Delaware have the toughest laws in America, where it is illegal to wear earphones whilst cycling (although Maryland allows them to be worn on cycling paths). Penalties for cycling in California whilst wearing earphones is $197.”
“In Florida, Virginia, New York and Rhode Island cyclists can only wear one earphone. In Rhode Island, you should expect a fine of $85 for a first offence, $95 for a second and $140 for a third or subsequent offence.”
“Washington DC also introduced a penalty of $50 in 2019, for those caught riding with headphones, a headset or earplugs in both ears.”
“Rules regarding wearing earphones whilst cycling are the most ambiguous in Pennsylvania as it is illegal for drivers to wear earphones, although it has not been explicitly stated what this means for cyclists.”
Why is it recommended that people don’t wear earphones whilst they are cycling?
“Wearing earphones whilst cycling could present a safety risk to yourself and other road users. Listening to music compromises a cyclist’s ability to listen to road traffic, including the sirens of emergency vehicles. They may also be less aware of warning signals such as vehicles using their horn or pedestrians shouting. Not wearing earphones allows cyclists to be more aware of their surroundings, helping them to cycle in a safer way, which will reduce the number of road traffic accidents.”
If a cyclist chooses to wear earphones, where it is legal, what can they do to mitigate the risks involved?
“If cyclists opt to wear earphones, in a country or state where this is legal, there are a number of actions that cyclists can take to mitigate the risks involved. Cyclists should ensure that the volume of their music is relatively low and that the chosen style of music will not cause them to ride more recklessly. Ultimately, wearing one earphone can be safer than two and it would be recommended that cyclists remove their earphones altogether when they are cycling in busy areas.”
Can I make a claim if I was injured when cycling whilst wearing earphones in the UK?
“You are entitled to make a claim if you have been injured when cycling wearing earphones. However, you may still be held partially liable if your lack of awareness contributed to the accident. The defendant may argue that there was contributory negligence on your part as you did not take the necessary precautions to protect yourself eg. from a hazard, collision or road defect.”
“If contributory negligence is agreed, or escalated and liability is determined by a judge, your compensation will be reduced based upon the extent to which wearing earphones contributed to the accident or the severity of your injuries.”
