James asked: I have read the law prohibiting headsets except for single earpieces that receive phone calls, presumably to leave one ear open for ambient sound. I have bone a conduction headset that is capable of receiving phone calls. The design of these headsets leave the ear canal 100% open as the sound is conducted through the cheek bones allowing unmatched ambient sound awareness. Would I have problems with police enforcing laws that don’t keep pace with technology?
Please see this post, which is similar to your question.
The police enforce the laws as they are written. If the laws don’t reflect present technology, it is up to us to try to effect change. Based on the linked post above, FBA included that helmet in its legislative agenda. As far as I know, it hasn’t been acted on by the legislation. Perhaps you and other readers who are concerned about this should lobby your legislators to change the law.
The link above regarding “legal bike helmet” may be in error. The quote within the reply reads,
s. 316.304 – Wearing of headsets.
(2) This section does not apply to:
(c) Any person operating a motorcycle who is using a headset that is installed in a helmet and worn so as to prevent the speakers from making direct contact with the user’s ears so that the user can hear surrounding sounds.”
Bone conduction audio devices are clearly not making direct contact with the user’s ears. One would expect that the reference to persons operating a motorcycle also applies to cyclists, although in the legal world, common sense often vanishes in a citation situation.