Is it Legal to Wear Headphones While Driving in New Jersey?

My daughters started driving about a year ago, and one of the questions that quickly came up was whether it was legal for them to wear their AirPods while driving.

The girls listen to music through headphones constantly but assumed it wasn't legal to do while driving because it didn't seem safe.

Let's check and see what New Jersey law says about it.

Is it Legal to Wear Headphones While Driving in New Jersey?

New Jersey is one of the 34 states that does not prohibit headphone use while driving and even categorizes them as hands-free devices.

According to Spevak Law Firm, that might not be the case too much longer.

A new bill proposed by New Jersey state legislatures could change whether headphones are allowed. This legislation would put the use of headphones under the heading of distracted driving, as it already is in some other states.

 

Although the language is vague as to what qualifies as distracted driving, the bill would amend current cellphone laws. If this new law passes, any electronic use is punishable by a $200 to $400 fine.

 

What You Should Know About Wearing Headphones While Driving in NJ

- While it is legal, wearing headphones, AirPods, or a headset while driving is not necessarily the safest option. It seems pretty obvious that it will always be safer to hear and see everything around you while you are driving.

- Even in situations where people talk on the phone for business while driving, they are encouraged to have the phone connected separately to the vehicle or to wear a headphone only in one ear, away from the sounds from the side window.

- New Jersey personal injury lawyers suggest that their clients try to document the scene of any vehicle accident, including these tips from 1-800-lion-law.com. 

• Document the Scene: If it’s safe and you’re able to do so, take photos or videos of the accident scene, including the other driver if they were visibly wearing headphones at the time of the accident.
• Gather Witness Statements: If there were witnesses to the accident, gather their contact information for future reference. They can help support your claim that the other driver was wearing headphones.

So why chance it? Drive safely to where you are going and then listen to headphones as long as you like.