Many motorcyclists claim that they need to use earplugs while riding their motorcycles in order to protect their hearing from the noise of the road. Motorcyclists fear that if they ride without ear plugs, they will become deaf. However, in many states, wearing earplugs while driving is against the law.
It is often assumed that the source of the noise is the sound of the motorcycle or other vehicles. But, in fact, the noise generally comes from the wind, and the resulting hearing loss is usually permanent. According to motorcycle accident attorney Ralph Buss of Ohio, when speaking with most serious motorcyclists, they frequently have to turn one ear because they cannot hear out of the other ear.
The most common reason for such damage to one’s hearing is the sound of the wind around one’s head. While some motorcyclists use earplugs to help reduce the noise, in so doing they run the risk of having to pay a fine. In 2014, Buss unsuccessfully filed an appeal on behalf of a motorcyclist who received a ticket because he wore earplugs. It is against the law to wear earplugs in both ears while driving a vehicle unless you’re a road or emergency worker.
In the appeal, testimony was given by Eric Healy, a hearing science professor at the Ohio State University. Healy stated that when you’re operating a motorcycle, the noise from the wind can be sufficiently forceful to severely harm your hearing. But the use of earplugs can prevent such damage from occurring. In order to measure the amount of wind noise confronted by motorcyclists, Healy drove with PhD students, and carried a recording device. The results of his research coincided with prior findings that revealed that at low speeds such as 35 miles per hour, the noise from the wind was greater than 85 decibels.
It is a known fact that sounds exceeding such levels can cause hearing loss. In his research, Healy and the PhD students measured levels ranging from 110 to 130 decibels. Healy went on to say that earplugs are helpful because they can reduce noise levels by about 30 decibels. Helmets alone are not nearly as beneficial in diminishing noise levels. In fact, one helmet manufacturer encourages motorcyclists to wear earplugs.
However, riders are often perplexed by the legality of wearing earplugs. While it is illegal to use earplugs in Ohio, there is no law concerning earplugs in South Dakota. In Maryland, you can only wear custom earplugs or molds. There was previously a law in California that was comparable to the one in Maryland. The American Motorcyclist Association, which is represented by Nick Harris for the western states, succeeded in changing the law in California in 2004 to provide for the allowance of all kinds of earplugs, and not just custom earplugs. The only requirement was that horns and sirens must be audible to motorcyclists and motorists.
According to Harris, there is no incentive for the states to focus on changing earplug laws because there is no federal law that covers the use of earplugs. And some legislators are concerned that calling attention to one motorcycle issue could spark an argument regarding contentious helmet laws. Nevertheless, the subject of earplug laws needs to be addressed so that motorcyclists can preserve their hearing without fear of being penalized.
Authored by Roxanne Minott, LegalMatch Legal Writer and Attorney at Law
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