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Say what? You can wear one AirPod or headphone while driving in Florida

Trooper Steve answers viewer questions

ORLANDO, Fla. – News 6 traffic safety expert Trooper Steve Montiero answers viewer questions about the rules of the road, helping Orlando-area residents become better drivers by being better educated.

[ASK TROOPER STEVE: Click here to submit your traffic question]

Now that Florida’s new texting and driving law is in full effect, many drivers are using hands-free devices. For some, that may include the use of earbuds, AirPods or headphones. But what’s the law have to say about that?

Florida statute 316.304 limits how headphones should be worn while operating a car,” Trooper Steve said. “At no point should you have both ears occupied by some type of electric device.”

The statute says, “No person shall operate a vehicle while wearing a headset, headphone, or other listening device, other than a hearing aid or instrument for the improvement of defective human hearing.” But it then adds that it does not apply in several cases, including, “Any person using a headset in conjunction with a cellular telephone that only provides sound through one ear and allows surrounding sounds to be heard with the other ear.”

Trooper Steve says drivers should be careful if they choose to occupy one ear with a device.


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