Lorry
New member
I didn't want to pollute another thread where earplugs are mentioned.
In 2004 a bill was passed (supported by the AMA) which would permit riders to wear foam earplugs as long as they do not inhibit the wearer's ability to hear a siren. What was this bill for? Several LEOs here say that ALL earplugs are illegal. Inhibit means prevent or stop, so surely section D allows the use of earplugs as long as you can still hear a siren?
"From an AMA press release:
California SB 315 has been signed into law. Included in this bill was a provision to allow for use of "foam" style non-custom earplugs by street motorcycle riders. Thanks are due to State Senator Debra Bowen (Democrat, District 28, Redondo Beach) who worked closely with the American Motorcyclist Association (AMA) to make this change in the law. The AMA is asking riders to let Senator Bowen know they appreciate her assistance by sending her an email. The new law takes effect January 1, 2004.
"Requiring motorcyclists who want to drown out road noise by using ear plugs to buy custom-made plugs is an outdated law that makes absolutely no sense," said Senator Bowen. "The test ought to be whether a rider using ear plugs can still hear a car's horn or a siren from an emergency vehicle. If a set of ear plugs can meet that test, then a rider ought to be able to use them, regardless of who makes them or how they're made. The only people the custom-made requirement helps are, surprise, the people who make custom ear plugs. It doesn't help riders and it doesn't help the police, emergency vehicle operators, or other drivers who count on a motorcyclist to be able to hear their horns or sirens. As long as over-the-counter plugs do the job, there's no reason why ear plugs should have to be custom-made, so junking that requirement is a common sense change that's long overdue."
The bill was signed on 9/28/03, chaptered on 9/29/03, and will take effect on 1/1/04."
V.C.
27400. A person operating a motor vehicle or bicycle may not wear a headset covering, or earplugs in, both ears. This prohibition does not apply to any of the following:
(a) A person operating authorized emergency vehicles, as defined in Section 165.
(b) A person engaged in the operation of either special construction equipment or equipment for use in the maintenance of any highway.
(c) A person engaged in the operation of refuse collection equipment who is wearing a safety headset or safety earplugs.
(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.
(e) A person using a prosthetic device that aids the hard of hearing.
In 2004 a bill was passed (supported by the AMA) which would permit riders to wear foam earplugs as long as they do not inhibit the wearer's ability to hear a siren. What was this bill for? Several LEOs here say that ALL earplugs are illegal. Inhibit means prevent or stop, so surely section D allows the use of earplugs as long as you can still hear a siren?
"From an AMA press release:
California SB 315 has been signed into law. Included in this bill was a provision to allow for use of "foam" style non-custom earplugs by street motorcycle riders. Thanks are due to State Senator Debra Bowen (Democrat, District 28, Redondo Beach) who worked closely with the American Motorcyclist Association (AMA) to make this change in the law. The AMA is asking riders to let Senator Bowen know they appreciate her assistance by sending her an email. The new law takes effect January 1, 2004.
"Requiring motorcyclists who want to drown out road noise by using ear plugs to buy custom-made plugs is an outdated law that makes absolutely no sense," said Senator Bowen. "The test ought to be whether a rider using ear plugs can still hear a car's horn or a siren from an emergency vehicle. If a set of ear plugs can meet that test, then a rider ought to be able to use them, regardless of who makes them or how they're made. The only people the custom-made requirement helps are, surprise, the people who make custom ear plugs. It doesn't help riders and it doesn't help the police, emergency vehicle operators, or other drivers who count on a motorcyclist to be able to hear their horns or sirens. As long as over-the-counter plugs do the job, there's no reason why ear plugs should have to be custom-made, so junking that requirement is a common sense change that's long overdue."
The bill was signed on 9/28/03, chaptered on 9/29/03, and will take effect on 1/1/04."
V.C.
27400. A person operating a motor vehicle or bicycle may not wear a headset covering, or earplugs in, both ears. This prohibition does not apply to any of the following:
(a) A person operating authorized emergency vehicles, as defined in Section 165.
(b) A person engaged in the operation of either special construction equipment or equipment for use in the maintenance of any highway.
(c) A person engaged in the operation of refuse collection equipment who is wearing a safety headset or safety earplugs.
(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.
(e) A person using a prosthetic device that aids the hard of hearing.
