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«I’m looking for bike headphones: legal, illegal or just plain illogical?

18.3.2019

Translation: Eva Francis

One user asked the Community for headphone recommendations specifically for use on his bike. For phoning. The Community was up in arms. But the question is, is it up to the individual if they decide to put themselves in danger? Or is it just outright illegal to wear headphones while cycling?

User Stefan put a question to the digitec.ch Community that made me raise an eyebrow.

I’m looking for headphones for cycling. They need to be suitable for phoning (no wind noise) and also fit under my helmet...

stefan

The question didn’t go down so well with the Community. Rather than getting useful product recommendations, Stefan was met with the advice he should get his organ donor card sorted pronto. In fact, the replies he got were enough to warrant a starring role in one of our new adverts.

Here’s my take on it. I’ve cycled to work in Zurich in all kinds of weather for years. And I’ve usually not bothered with a helmet – I’ve certainly never opted for headphones. The way I see it, cycling in city traffic is dangerous enough and requires your complete attention. A helmet is all well and good but paying attention is much more important. On the other hand, you could say that if wearing headphones isn’t against the law, it’s up to the individual what they do. After all, the person they’re putting in danger is themselves.

But here’s the question: are you even allowed to wear headphones on a bike?

The legal situation

There’s actually no law in Switzerland that specifically outlaws wearing headphones while riding a bike. There’s actually no law in Switzerland that specifically outlaws wearing headphones while riding a bike. However, article 31 of the Swiss road traffic act (Strassenverkehrsgesetz, SVG) obligates all road users to take necessary precautions:

[quote:Controlling the vehicle: The driver must always control the vehicle in such a way as the driver can take necessary precautions." Art. 31 SVG, Strassenverkehrsgesetz (SVG, SR 741.01)"]]

The associated Swiss road traffic regulations (Verkehrsregelverordnung, VRV) outline what that actually means:

[quote: Using the vehicle: The driver must pay attention to the road and the traffic on it. The driver must not do anything that would hamper the use of the vehicle. Moreover, the driver must ensure their attention is not impaired by sound reproducing equipment as well as communications and information systems.

Swiss road traffic regulations , Verkehrsregelverordnung (VRV, SR 741.11), Art. 3

What that boils down to

That’s pretty concrete but it still doesn’t say how that’s handled in practice. Does it mean the police are running about the city, stopping cyclists who have headphones on? Nope. A police officer can indeed check if you’ve got headphones on but they’re unlikely to know just from glancing at you whether or not your attention has been affected or not. And it’s only illegal if the headphones are interfering with your attention on the road. Florian Frei from the media section of Zurich’s cantonal police service gave me this response: «The question of whether or not the cyclist demonstrates impairment or inability to steer or use one of the handles depends on the type of cycling performance, the vehicle and the traffic situation.»

However, if there’s an accident, the police do take a more active role. Here’s another note from the Zurich police: «In the event of an incident (e.g. accident) involving a cyclist, it’s up to the police to determine if the incident could have been avoided had the cyclist given the traffic their full attention and not been distracted by sound reproducing equipment, for instance.»

Nevertheless, what is clear is that it’s difficult to prove a cyclist was distracted by listening to music to such an extent that they had an accident. What’s less surprising is that the Zurich cantonal police don’t recommend cycling with headphones or other sound equipment. They also carry out checks during what they call key campaigns where they make cyclists aware of these problems.

In short, the legal situation gives cyclists a certain amount of leeway. And you’re expected to navigate this in a responsible way. In other words, you shouldn’t crank up the volume on noise-cancelling or in-ear protective headphones. Doing that would not just go against all common sense; it would also be breaking the law.

46 people like this article

David Lee

Senior Editor

David.Lee@digitecgalaxus.ch

My interest in IT and writing landed me in tech journalism early on (2000). I want to know how we can use technology without being used. Outside of the office, I’m a keen musician who makes up for lacking talent with excessive enthusiasm.

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