Wearing Earplugs when you ride in the event of it being illegal

[B-rent]

In my post "Legality of ear plugs" http://www.sport-touring.net/forums/index.php/topic,30098.0.html, I posted an experience I'd had with a police officer and me finding out that ear plugs were illegal in the state of Maryland.

If you found out that wearing ear plugs was illegal in your state/country, would you stop wearing them when you ride despite the potential loss of hearing?

[Z50a]

I would search the AMA site and find out if they are aware of the law(s), being (what sounds like) too general.
It is illegal in most states to ride or drive (as far as I know) with headphones / earbuds ......, in your ears for obvious reasons.
I would think most people that were involved with the writing of the law have no comprehension of the fact, that someone might want to wear foam earplugs on a motorcycle.
Just for the purpose of taking wind noise down a few db.....  
Even if the law is written (specific wording) to specify "sound producing" or "sound blocking", which may not include "sound reducing" foam earplugs.  I seriously doubt that your average LEO would know of the specific wording (or cared), unless he / she rides.  
I know many people that ride with foam earplugs, for anything beyond a quick errand...., never mind highway riding.

[MisterSmooth]

It's almost irresistible to say that I'll stop wearing earplugs when they pry them from my cold, dead fingers...or to quote my Second Amendment right to wear earplugs...but seriously,

I will always wear earplugs on long rides (anything over an hour) regardless of its "legality."



Actually, BIKE (UK) just did an article on wearing earplugs and measured the hearing of two motorcyclists in their forties, one who wore earplugs and one who never did.  Although admittedly this is lousy science, the guy who didn't wear earplugs had classic symptoms of early hearing loss.

[Rude_Rydah]

Earplugs, headphones, sounds deading devices, I'll wear whatever the hell I want.

As to the argument that you can't hear emergency vehicles with the above, I'll tell you, I can't hear them when they come from behind me with or without stuff in my ears, so who cares.  And in my car, I blaze the stereo so loud I wouldn't hear the second coming if it was happening.

[Huron52]

 I would not stop wearing my ear plugs....

 Riding to work I wear my flip helmet so the security guards can see my face and match it to my card.  The other day they seemed to want to talk to me about the bike and other unrelated work stuff. They had this funny look on their face when they found out I had earplugs in and helmet on and could still carry on a conversation with them. well duh!

[rabbott5]

Since I suffer from heaing lose already, I will protect what I have left.  The stupid things I did in my younger years thinking it won't hurt me, shooting guns, sirens (fireman for 28 years), riding with no earplugs, just to name a few.  So if I can protect what I have left I will.  The law in Illinois says I can use an intercom so, I'm working on some combo earplug/ear buds.

[UFO]

Pffft.  How often does the average rider get pulled over?  Not often. Screw the laws...earplugs always.

[cmonkee]

Well, I lost a lot of my hearing in the army, and I'm not trying to lose what I have left.  So I'd make sure the big Motorcycle groups know about this.  Also, I think it would be easy enough to fight in court if it came down to it.  I.E. the plugs I wear don't block out all sound, just certain frequencies.  Huge latitude for arguments on that one.

C

[zer0netgain]

When the state accepts responsibility for any adverse consequence that flows from obeying the laws they create, then I'll CONSIDER putting their laws above my well-being.

That is why I will never surrender my guns....EVER.

[Scratch33]

In my post "Legality of ear plugs" http://www.sport-touring.net/forums/index.php/topic,30098.0.html, I posted an experience I'd had with a police officer and me finding out that ear plugs were illegal in the state of Maryland.

Incorrect; as I stated in that thread.  Custom earplugs are excepted:

§21–1120.
  
(a)   A person may not drive a motor vehicle on any highway or on any private property that is used by the public in general in this State while the person is wearing over or in both ears earplugs.

(b)   A person may not drive a motor vehicle on any highway or on any private property that is used by the public in general in this State while the person is wearing over or in both ears a headset.

(c)   A person may not drive a motor vehicle on any highway or on any private property that is used by the public in general in this State while the person is wearing over or in both ears earphones attached to a radio, tape player, or other audio device.

(d)   The provisions of subsections (a), (b), and (c) of this section do not apply to:

       (1)   A person engaged in the operation of either special construction equipment or equipment for use in the maintenance of any highway;

       (2)   A person engaged in the operation of refuse collection equipment who is wearing a safety headset or safety earplugs;

         (3)   A person wearing personal hearing protectors in the form of custom earplugs or molds that are designed to reduce injurious noise levels. However, custom plugs or molds shall be designed in such a manner as to not inhibit the wearer’s ability to hear a siren or horn from an emergency vehicle or a horn from another vehicle; or

       (4)   A person wearing a prosthetic device used to aid the hard of hearing.

(e)   (1)   The provisions of subsections (a) and (c) of this section do not apply to a person operating an authorized emergency vehicle under emergency conditions.

      (2)   The provisions of subsection (b) of this section do not apply to a person operating an authorized emergency vehicle:

             (i)   Under emergency conditions; or

             (ii)   Who is wearing a headset for the purpose of communicating with other emergency personnel.

http://mlis.state.md.us/asp/web_statutes.asp?gtr&21-1120


 

[JimWilliamson]

Should an officer give me grief about plug use I might retort that I heard his siren and pulled over...

[DCLXVI]

It is also illegal to drive faster than the posted speed limit but I do it every once in a while so yes I will wear my ear plugs.

[BamBam]

When I got my Arai helmet last year I was told it was "well ventilated."  Read that, WIND NOISE.  I will always wear hearing protection on a ride of any considerable length, (1/2 hour or more).

[maddjack]

In Pa by the letter of the law they are illegal,I don't care,I hear better with them and I am not going to go deaf just because some law maker doesn't understand why using them is better

[highside]

My hearing is worth for more than the meager chance of getting a small ticket for wearing plugs. I have a bit of tinnitus from my shooting hobby before I clued into quality hearing protection and its bad enough as it is to have hearing problems under 30.

[couchflyer]

It wouldn't matter, I wear ear plugs.

[pdxfj]

I don't wear ear plugs when commuting to work and back or just around surface streets.  Any ride over about 30 minutes on the freeway and I will wear them.

If I were to get a ticket for wearing them I would go to court and challenge it.  Why should it be against the law to protect my body and well being?  I wear gear to protect myself if I become separated from my bike, why should my hearing be any different?  I actually hear better at speed with the ear plugs in than with out.

Same goes for being at a rock concert.  I wear earplugs not only to protect my hearing but everything sounds better with them in.

[bomber]

I wear em -- got popped once (secondary violation along with a performance award) --

I asked the judge why deaf people can drive legally -- write this down on your hand, so you don't forget -- it didn't help

;-}

[JetJaguar]

I wear 'em and I know they're illegal.  Here, you can only wear custom-molded earplugs that are perscribed to treat a medical condition.  I'd rather pay the ticket than lose my hearing.

[Scoop]

That's an incredibly stupid law.  I would urge all residents of those states who have noise induced hearing loss and who ever rode a motorcycle to sue the state for the costs of their hearing aids, batteries, accessories and assessments.  That would change the law in a hurry.  
Really, if a 22-30 dB noise reduction from an earplug prevents one from hearing emergency vehicles or other warning devices, it's time to look at the output of those devices.  Wind noise on a bike is generally going to do more masking than the attenuation caused by earplugs.  In fact, it should be a law that earplugs HAVE to be worn in order to hear emergency signals.  If we are going to run around making dumb laws that is....

[2RR2NV]

i'd still wear em...for numerous reasons....  less hearing loss, don't get tired as quickly, and no ringing in the ears after a good long ride. oh...and i agree with the one poster about not being able to hear sirens whether you have plugs in or not.

i had a cop behind me on a WI highway (4 laner) with his lights and siren on.  didn't hear him for sh&^. i noticed him when i looked in the mirror. i pulled over (as did he and the bike in front of me. i didn't know the person...just goin the same direction) well, he wanted the bike that was right in front of me as it turned out....and also....i didn't have ear plugs in that time. i guess i am goin deaf.

[Allan]

I would wear them legal or not. I've been riding 5 years and only got pulled over once. I got hit with the ticket for 10 over in some podunk town. But I took my plugs out in front of the officer and didn't catch any grief or a fine. If I ever did get hit for wearing plugs id go to court for that and state that I can still hear epically high pitched sounds, argue possibly hearing loss and the fact that deaf people can drive.

[JavyDay]

Woops  I voted Yep.  I meant Yep I would keep on wearing them

[ninjadad66]

Smooth Jazz or earplugs, it's always one or the other.

[Ant]

Nope, I wouldn't stop wearing them. Even if I'm only going a couple of miles down the road I'll put them in. I really don't like riding with all that noise.

I didn't realise they were illegal in certain states either, it really is a minefield over there! Things that are fine in one place can be completely verboten in another    

[Scoop]

It would only take one motorcyclist successfully suing the state for the cost of hearing aids for life due to noise induced hearing loss (and it would be an easy case to win) to have such a law repealled.  

[mnb]

Been riding 27 years.  Never wore plugs, not gonna.  

That said, I do wear in ear phones on the Harley.  It doesn't have a stereo.  They're legal in CA because they reduce noise (act as ear plugs), so that's a loophole around the no headphones on both ears law.  

On the beemer, I don't wear earplugs, although I wear a full face helmet.  I wear a half helmet on the Harley so that the helmet won't try to scoop my eardrums out when I take it off.

I've never owned a bike that redlined over 12k, not even the two older Suzukis I first rode.  I don't really want to, either.  I have no desire to ride a bike that screams at me all the time if I want to get much speed out of it.  So I can understand why some of you feel the need to wear ear plugs.  16k rpm for a sustained period of time can be annoying if not outright damaging.  The wind's never bothered me much at all.  Even on long, multi day rides.

[Scoop]

Just FYI, there is some very good data that shows wind noise at 90 DB(A) and over in a good quality full face helmet, on a bike with a windscreen at highway speeds.  That's more than enough to cause hearing loss.

[2RR2NV]

wind noise is what always wore me out. the sound of the engine doing it's thing is music to my ears. 16k?  yep, i love it....but that dang 70-170mph wind is a real killer.

[Jeff N]

Back in '79, when I started riding on the street legally, I read an article in Cycle World about ear plugs. I stopped off at a drug store in Half Moon Bay and purchased some swimmer's ear plugs. It was a revelation. I could still enjoy the sound of my RD400, yet felt much more in control of the bike because I wasn't distracted by the wind noise.

I've since moved on to foam plugs, but I'd never think to ride without some form of hearing protection. Never had a problem with LEOs in them early days, either.

[mnb]

Just FYI, there is some very good data that shows wind noise at 90 DB(A) and over in a good quality full face helmet, on a bike with a windscreen at highway speeds.  That's more than enough to cause hearing loss.

Not behind a full fairing and windscreen...    Those tiny little things on sportbikes are worthless.  No wonder you need earplugs!

And FWIW, I'm a former audio professional.  I have excellent hearing.

[Stixx]

I am not consistent with the ear plug things. For one thing I now have blue tooth ear phones inside the ear pods and the ear plugs (foam type ) work fine with them but are hard to keep in place if stopping a lot as we do in the mountains. So I may often just say screw it .

That said I love riding solo with plugs and it makes me ride faster and smoother and not worry so much about little things the beemer is doing. I still hear Sirens fine and to some extent I can hear the phone and music through the earphones in the helmet.

I have also noticed with my Shoei Helmet clamped shut it is very quiet and absorbs a LOT of extraneous wind noise even with the vents fully open. I also noticed if you balance the windscreen to a certain point where the ventilation in the helmet is working but you are looking just over the top of the windscreen the wind noise all but dissappears. I never noticed how well you can fine tune that until I got lazy about putting my plugs in.

All that is BS if Im doing six hundred mile days cuz I'm going to  take the time to  fool with plugs in that event simply to diminish fatique.

But I must say a good shoei RF 1000 proper tuned windscreen on an RT and you got very little need for plugs compared to other rides I've had.

[canyonchaser]

I live in Utah, so pretty much any kind of sexual activity beyond missionary position is illegal...  I'll stop there.  I will break any law that is in conflict with my moral or ethical beliefs - or if I believe adherence to that law would pose any kind of safety risk.

dp

[Oddball]

They can pry them from my cold dead ears.

[jwhite518]

I already know that earplugs are illegal in my state. Doesn't make a difference. If some cop really wants to write me up, in CA or elsewhere, I'll deal with it.

I know a person who has been deaf all his life. Not just impaired hearing, completely deaf. He has a drivers license. The law makes no sense - deaf people can drive, but hearing people can't use earplugs?

[Mac]

Are deaf people allowed to wear earplugs?

[jwhite518]

Ask that over in Questions Only.

[tbeemer]

Not behind a full fairing and windscreen...    Those tiny little things on sportbikes are worthless.  No wonder you need earplugs!

And FWIW, I'm a former audio professional.  I have excellent hearing.

Then you must be smart enough to realize that you are the exception rather than the rule.  IIRC, the wind noise behind the full windscreen of the Valkyrie I rode was almost as bad as the wind noise on my CBR929RR at freeway speeds.  I'm *not* an audio professional, but I do work in the aviation industry and am fanatical about hearing protection.

Tom

[Scoop]

Not behind a full fairing and windscreen...    Those tiny little things on sportbikes are worthless.  No wonder you need earplugs!

And FWIW, I'm a former audio professional.  I have excellent hearing.

Actually, I think that the tests I saw were done on a beemer, with a windscreen.  No getting away from it though, the wind noise is loud enough to cause damage....eventually, it's cumulative!  

[Kool shades]

We get regular hearing tests done at work(every year). This year they gave us a 1 hour crash course on hearing loss. I'm man enough to admit that I learned quite a bit from that little course.

I've always worn earplugs anyway. Now, however, I stop to make sure I've got a spare pair in my pocket.

It's my plan at 60 to be able to hear people ask why I enjoy riding...

[mnb]

Actually, I think that the tests I saw were done on a beemer, with a windscreen.  No getting away from it though, the wind noise is loud enough to cause damage....eventually, it's cumulative!  

Were those tests done with helmets on?  

I've ridden without earplugs for nearly 30 years.  While I haven't had a hearing test done in ages, I do evaluate speaker systems and headphones from time to time as well as fine tune EQ settings.  If my hearing were poor, I'd find myself cranking up the high frequencies (12-20k) to compensate, but I don't.  At least not on a good system..  

I'm not saying you folks shouldn't wear earplugs.  I'm just saying that I've personally never found much need for it.  The one caveat there is on the Harley.  I do wear the etymotic earphones riding it for music.  If I didn't have music, I think I'd definitely want the earplugs.  But I wear a half helmet on the Harley (because I wear the earphones).  So without that, I'd probably go back to the full face like I use on the beemer and I 'might' find it unnecessary.  I've had the beemer for 12 years, so my recollection of wind noise on something like a standard with a windscreen is a bit dusty...

[Scoop]

Were those tests done with helmets on?  

I've ridden without earplugs for nearly 30 years.  While I haven't had a hearing test done in ages, I do evaluate speaker systems and headphones from time to time as well as fine tune EQ settings.  If my hearing were poor, I'd find myself cranking up the high frequencies (12-20k) to compensate, but I don't.  At least not on a good system..  

I'm not saying you folks shouldn't wear earplugs.  I'm just saying that I've personally never found much need for it.  The one caveat there is on the Harley.  I do wear the etymotic earphones riding it for music.  If I didn't have music, I think I'd definitely want the earplugs.  But I wear a half helmet on the Harley (because I wear the earphones).  So without that, I'd probably go back to the full face like I use on the beemer and I 'might' find it unnecessary.  I've had the beemer for 12 years, so my recollection of wind noise on something like a standard with a windscreen is a bit dusty..

I will try to find those articles.  I have hard copies at the office, but am not sure if they are available online.  They were tests done on a variety of full face helmets, both passenger and driver.  The testing indicated noise at about 90 dB(A) on average, if I remember correctly.  Definitely enough to do some damage over time.  But, some people are more susceptible to noise induced hearing loss than others, it is genetic.  Even at "safe" levels of noise exposure (85 dB(A) according to OSHA), about 10% of the population will still suffer noise induced hearing loss.  If you are not using earplugs and are riding long distances, it probably will catch up with you eventually.  And, we loose our hearing in the higher frequencies over time anyway, at about 10 dB per year in the very high freqs.  At age 12, we have great hearing out to about 22k, but it doesn't last long!  Hearing tests only go to 8k, but I can guarantee that your sensitivity above 10k is not what it once was

[Charlie7]

What?...Huh???...What's that????.......  Deer plugs? Deer plugs?  Why would I put deer in my ears to keep from losing my herring?  I never liked fish much anyway!!!!

 

[Ant]

What?...Huh???...What's that????.......  Deer plugs? Deer plugs?  Why would I put deer in my ears to keep from losing my herring?  I never liked fish much anyway!!!!

 

 

[jwhite518]

Old joke:

A 87 year-old man went to the doctor to get a physical. A few days later, the doctor saw the man walking down the street with a gorgeous young lady on his arm.

A couple of days later, when the old man had an appointment with the doctor again, the doctor said, "You're really doing great, aren't you?"

The man replied, "Just doing what you said doctor, "Get a hot mama and be cheerful."

The doctor said, "I didn't say that!...I said you have got a heart murmur. Be careful!"

[mnb]

Hearing tests only go to 8k, but I can guarantee that your sensitivity above 10k is not what it once was

Any hearing test worth it's salt goes to 20k.  I've never taken one that didn't.

[Busy Little Whiner]

If you don't ride withing the legal speed limits why would you care about illegal ear plugs??? isn't that the
least of your infractions???

Moozic Non Stop...

[Blacknblue]

If I'm riding freeway the answer is yes. If I'm going slower on back roads
sometimes I don't bother. A few times I've forgotten to put them in after
a stop and road on the freeway at 70 or so and it really bugged me.

[Scoop]

Any hearing test worth it's salt goes to 20k.  I've never taken one that didn't.

So sorry, but that I can't see.  Where did you take these tests?  Conventional audiometers and transducers are not generally capable of testing over 10 k and usually not anything over 8 k.  This is because of a) the cost of equipment capable of generating a pure tone sine wave at that frequency without spectral splatter, and b) the long term average speech spectrum does not really consider any sounds above 8k.  Any transducer producing a pure tone above about 10 to 12 k would be found in research equipment only.  

[R.Markus]

I don't wear ear plugs anymore while riding.

[tjhess74]

ive got a couple issues here:

first, if i wore plugs and the law said not too, i would still were them provided i could hear what i needed too (wouldnt wear them if i couldnt).

second, i dont wear plugs cause for me, that seem to actually make MORE noise!  ive tried dozens of plugs and brands.  i had a custom set made and those didnt work either.  the only two times i ever experienced tinitus while/after riding was when i wore plugs for a long disance (100+miles) and when i tried putting speakers in my helmet for music.  i was amazed at how loud the music had to be to hear for enjoyment on the highway.  i stopped and killed the engine then turned my mp3 back on to test the volume and it about blew me down!  i just find more low frequency buzz/noise when plugs are in so i gave up on them.  i feel kinda guilty about it but i cant argue with myself on my results.  

maybe someone can vouch for this experience or just tell me im crazy!  

[Scoop]

ive got a couple issues here:

first, if i wore plugs and the law said not too, i would still were them provided i could hear what i needed too (wouldnt wear them if i couldnt).

second, i dont wear plugs cause for me, that seem to actually make MORE noise!  ive tried dozens of plugs and brands.  i had a custom set made and those didnt work either.  the only two times i ever experienced tinitus while/after riding was when i wore plugs for a long disance (100+miles) and when i tried putting speakers in my helmet for music.  i was amazed at how loud the music had to be to hear for enjoyment on the highway.  i stopped and killed the engine then turned my mp3 back on to test the volume and it about blew me down!  i just find more low frequency buzz/noise when plugs are in so i gave up on them.  i feel kinda guilty about it but i cant argue with myself on my results.  

maybe someone can vouch for this experience or just tell me im crazy!  

You are experiencing the occlusion effect.  That is what happens when we plug our ears.  Same thing happens when you plug your ears with your fingers.  The low frequency noise becomes, in effect, amplified.  There are two ways to prevent this, one is deeper plugs (less room left in the ear canal reduces the effect) and venting.  But, venting reduces or eliminates the noise reduction abilities of the plug.  I would suggest deeper plugs.  If you can't stand the plugs being in deep, or if you still can't get rid of the occlusion effect, it may be difficult to find a solution.  You probably won't want to wear hearing aids either if you have to sometime down the line
One solution might be to look for a quieter helmet.  You are probably sensitive to the vibrotactile effect of lower frequencies too.  Maybe try some ER-6i insert earphones.  They go deep, and effectively block noise.  They can deliver good sound without having to have the volume way up either.  Hope these suggestions work.

[Zerosum]

How many tickets are you likely to recieve for this, over the course of your riding life?  One?  Two?  

So figure about $200 of the course of your entire life... a small price to pay for having more of your hearing intact when you're old.

They might as well ban sunglasses as well... the same bass-ackwards logic applies to them as well.  "With sunglasses on, you're less likely to see emergency vehicles..."

[tjhess74]

You are experiencing the occlusion effect.  That is what happens when we plug our ears.  Same thing happens when you plug your ears with your fingers.  The low frequency noise becomes, in effect, amplified.  There are two ways to prevent this, one is deeper plugs (less room left in the ear canal reduces the effect) and venting.  But, venting reduces or eliminates the noise reduction abilities of the plug.  I would suggest deeper plugs.  If you can't stand the plugs being in deep, or if you still can't get rid of the occlusion effect, it may be difficult to find a solution.  You probably won't want to wear hearing aids either if you have to sometime down the line
One solution might be to look for a quieter helmet.  You are probably sensitive to the vibrotactile effect of lower frequencies too.  Maybe try some ER-6i insert earphones.  They go deep, and effectively block noise.  They can deliver good sound without having to have the volume way up either.  Hope these suggestions work.

thanks scoop! just like putting my fingers in my ears, thats exactly what it is.  now i can adequately research it cause i havent come across that term before.  my helmet is fairly quiet, especially when the windscreens up, so very rarely do i experience discomfort, tinitus, or loud wind noise (i can usually hear my engine purr).  but i do recognize that it doesnt take much to cause damage over time, which is why i struggled with this and sometimes forced my self into agony with some plugs.  i will try your suggestions and am surprised this isnt more common.  

[R.Markus]

How many tickets are you likely to recieve for this, over the course of your riding life?  One?  Two?  

I'd write you one ticket for each ear.

[DogBoy]

I'd write you one ticket for each ear.

 

[GTS_Rider]

You are experiencing the occlusion effect.  That is what happens when we plug our ears.  Same thing happens when you plug your ears with your fingers.  The low frequency noise becomes, in effect, amplified...

Ha!, you got the scoop on that one, never *heard* that myself. Was about to post some reply about how it was impossible to make sound louder after putting plugs in your ears, but I reserved comment, and looks like I would have been shamed into retraction had I replied.

Anycase, the California law previously read almost exactly like the law posted earlier in this thread. Through a project started as I believe by local LABiker Marc Danziger, the law was actually changed. It now reads as follows, the only change really was removing the 'custom earplugs' aspect thereby opening the way for legal foamies. Still, for other states, you could argue that foam plugs *are* 'custom' because they expand to your ear canal and no two ears are alike...


(d) A person wearing personal hearing protectors in the form of earplugs or molds that are specifically designed to attenuate injurious noise levels. The plugs or molds shall be designed in a manner so as to not inhibit the wearer's ability to hear a siren or horn from an emergency vehicle or a horn from another motor vehicle.

 

[SpitfireTriple]

The Law is the Law but I go with the "What's your hearing worth compared to a couple of fines".  If I was in a particularly awkward mood I might even go to prison for a week rather than pay the fine.  No idea BTW whether earplugs are legal in Britain.  As far as I know, they are.

One thing though that no-one has mentioned:

If, as seems reasonable, the logic behind the earplug illegality is reduced ability to hear emergency sirens etc then....

How come car stereos are legal?

And don't say (not that anyone here would) "But you can turn a stereo off when you hear the siren...."
 I hope it's obvious where the flaw lies in that argument.

[Mr.Black]

The first 40 years of life included high powered weapons, as well as to many up front Grateful Dead concerts......... hmmmm? What? D'you say something? Sorry Folks.... couldn't resist. I never actually even thought of the whole earplug discusion, though in the HD club days, it probably wouldn't have been a bad idea, what with all the "loud pipe saves lives theory". Currently with the 1250 Bandit and full face, its nice and peacefull out there for me and my kids.  

[Snowbird]

Tell the officer to bag the earplugs as evidence. Tell the judge that the plugs enhance hearing and that he should put them in his ears and see for himself. He'll likely be repulsed at the thought and decline. Case dismissed for lack of evidence. (Oh, and while you ask the judge to see for himself, stand there wiggling your little finger in your ear like you have itchy mites inside.)