The motorcyclist collective has known for a long time an old controversy, that of intercoms or intercoms, which serve both to communicate with other motorists and to be able to listen to music, answer phone calls or interact by voice with a mobile phone assistant.
As a general rule, you cannot drive using headphonesas they can impair the driver’s hearing regardless of the vehicle you are using. In the case of motorcyclists, there is a rule that directly affects them, the Article 18.2 of the General Traffic Regulations.
Says so: «It is prohibited to drive using helmets or headphones connected to sound receivers or reproducers, except during the corresponding teaching and the performance of the aptitude tests in open circuit to obtain the driving license of two-wheeled motorcycles when so required by the General Regulations for Drivers ».
In principle, the Administration can only turn a blind eye using these devices except when they are being used in the practical motorcycle driving test. But in legal language, precision is important, and you have to look at the complement of the verb: “lead using headphones or earphones ». In other words, its use has to be demonstrated, not simply having it.
KTM MY RIDE system, with integrated control of telephone and multimedia with the pineapples of the motorcycle itself
Law in hand, a motorist cannot be punished simply for having an intercom in his helmet, in any case, they would have to catch him using it. It is the same as with radar detectors, currently what is penalized is its use, not having it in the vehicle (although that will change in a legal reform).
The sanctions recourse company Pyramid Consulting has echoed a sanction that has been successfully appealed for not having properly credited the offense of the motorist. In other words, there had been a helpless situation as there was no evidence against him.
When the Administration goes against us, it must prove what it accuses us of
The word of an agent – who has the presumption of truthfulness – may not be enough, especially if the witness statement of the same is missing. There was also no evidence of any other kind. In other words, no evidence, no infraction. This can open the doors to the complete legalization of these devices, in the opinion of the company in question, and as the law is now.
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Tweet published by the official DGT account on June 13
It is assumed that the DGT is already working to include the legalization of these devices in the next legal reform. Normally, intercoms do not have headphones in the strict sense of the term, they are not attached to the ears, rather they are small speakers very close to them.
The law also says that «The use while driving mobile phone devices and any other means or communication system is prohibited, except when the development of the communication takes place without using your hands or using headphones, earphones or similar instruments».
As they say, the law made, the trap made. A device like the LG Tone Ultra HBS 820S headphones can be used without any problem, even in the car! The trick is that they are not headphones to use, they have small speakers that do not cover the ears. That said, intercoms are not the typical “hands-free” cable -or pods- with headphones in the ear canals. The logic is the same for intercoms.
Advertising of the legal headphones of the manufacturer LG
The legal reform of the General Traffic Regulations will put an end to the current situation
In addition, the world of two wheels has already normalized the fact that drivers want to use a device that allows them to listen to music or answer phone calls, but with safety in mind. For example, recent KTM, BMW, Kymco or Peugeot models have built-in functions with controls on the bikes themselves.
Legislation usually lags behind technical advances. Yes, it makes sense that drivers who have their ears “plugged” by headphones are penalized for the risk involved, but if they use systems that are less intrusive in driving and that allow you to hear both the real world and what comes out of the way. cable, they will have to be supported.
Therefore, until the legislation changes, the mere possession of an intercom in the helmet cannot be grounds for sanction and it must be shown that it was being used in any case. If not, you can appeal successfully, either each on their own, resorting to the legal defense of the insurance -if it is among the coverages- or going to companies accustomed to opposing the Administration.