We’ve talked about whether it’s legal to drive barefoot or in flip-flops. We’ve covered the legality of driving with your dog sitting in your lap. But what about something we see all the time, driving down the road with headphones or earbuds in your ears?
Well, if you’re doing that in Illinois, you might want to take them out.
It’s generally illegal...but there's more to it than just that.
Let's Take A Look At Illinois Law On This Topic
Illinois law specifically addresses this in the Illinois Vehicle Code. Section 12-610 says that, with certain exceptions, no driver of a motor vehicle on Illinois highways may wear headset receivers while driving.
And that includes the earbuds you might be wearing while listening to music, a podcast or anything else.
The Illinois Secretary of State’s Rules of the Road makes the definition even clearer. It says a headset is essentially any device, other than a hearing aid, that allows someone to hear or receive electronic communications.
However, There Is One Exception
Illinois allows a "single-sided headset or earpiece used with a cellular or other mobile telephone." So, that AirPod in one ear for a phone call? Generally legal. Two earbuds pumping your favorite playlist into both ears? That’s a different story.
There are also exceptions for certain law enforcement, emergency medical and fire-service personnel, as well as some specialized radio communications equipment.
And yes, there’s a practical reason lawmakers care about this. Driving is already a job that requires your full attention. If you’re wearing headphones, you may not hear an approaching siren, a horn, a train crossing warning or another vehicle that you can’t see.
One more interesting wrinkle is that Illinois is considering additional changes to its distracted-driving laws for 2027, but those proposed changes don't alter the basic headset rule we're talking about here.
Try to keep in mind that hearing aids are specifically excluded, so you don't accidentally make Grandma a criminal for listening to the Cubs game.
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