{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-1078.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-1078.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-1078.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-1078.html"}],"law_id":77671,"edition_id":1,"section_id":77671,"structure_id":13067,"section_number":"46.2-1078","catch_line":"Unlawful to operate motor vehicle, bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped while using earphones","history":"Code 1950, \u00a7 46-219.1; 1950, p. 882; 1958, c. 541, \u00a7 46.1-202.1; 1989, c. 727; 1993, c. 126; 1997, c. 36; 2001, c. 834; 2002, c. 254.","full_text":"It shall be unlawful for any person to operate a motor vehicle, bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped on the highways in the Commonwealth while using earphones on or in both ears.\n\t\tFor the purpose of this section, “earphones” shall mean any device worn on or in both ears that converts electrical energy to sound waves or which impairs or hinders the person’s ability to hear, but shall not include (i) any prosthetic device that aids the hard of hearing, (ii) earphones installed in helmets worn by motorcycle operators and riders and used as part of a communications system, or (iii) nonprosthetic, closed-ear, open-back, electronic noise-cancellation devices designed and used to enhance the hearing ability of persons who operate vehicles in high-noise environments, provided any such device is being worn by the operator of a vehicle with a gross vehicle weight rating of 26,000 pounds or more. The provisions of this section shall not apply to the driver of any emergency vehicle as defined in \u00a7 46.2-920.","order_by":null,"text":{"0":{"id":278600,"text":"It shall be unlawful for any person to operate a motor vehicle, bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped on the highways in the Commonwealth while using earphones on or in both ears.\n\t\tFor the purpose of this section, “earphones” shall mean any device worn on or in both ears that converts electrical energy to sound waves or which impairs or hinders the person’s ability to hear, but shall not include (i) any prosthetic device that aids the hard of hearing, (ii) earphones installed in helmets worn by motorcycle operators and riders and used as part of a communications system, or (iii) nonprosthetic, closed-ear, open-back, electronic noise-cancellation devices designed and used to enhance the hearing ability of persons who operate vehicles in high-noise environments, provided any such device is being worn by the operator of a vehicle with a gross vehicle weight rating of 26,000 pounds or more. The provisions of this section shall not apply to the driver of any emergency vehicle as defined in \u00a7 46.2-920.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13067,"edition_id":1,"name":"Miscellaneous Equipment","identifier":"10","label":"article","depth":4,"order_by":1,"parent_id":12828,"metadata":{},"date_created":"2026-06-26 03:44:13","date_modified":"2026-06-26 03:44:13","permalink":{"id":228627,"object_type":"structure","relational_id":13067,"identifier":"10","token":"46.2\/III\/10\/10","url":"\/46.2\/III\/10\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12828,"edition_id":1,"name":"Motor Vehicle and Equipment Safety","identifier":"10","label":"chapter","depth":3,"order_by":1,"parent_id":12827,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":228599,"object_type":"structure","relational_id":12828,"identifier":"10","token":"46.2\/III\/10","url":"\/46.2\/III\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12827,"edition_id":1,"name":"Operation","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":228597,"object_type":"structure","relational_id":12827,"identifier":"III","token":"46.2\/III","url":"\/46.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71538,"structure_id":13067,"section_number":"46.2-1072","catch_line":"Operation of vehicle without serial or identification number; requirements for stamping, cutting, or embossing numbers; regulations","url":"\/46.2-1072\/","token":"46.2\/III\/10\/10\/46.2-1072","metadata":false},{"id":69545,"structure_id":13067,"section_number":"46.2-1072.1","catch_line":"Fees","url":"\/46.2-1072.1\/","token":"46.2\/III\/10\/10\/46.2-1072.1","metadata":false},{"id":68338,"structure_id":13067,"section_number":"46.2-1073","catch_line":"Engine or serial number illegible, removed, or obliterated","url":"\/46.2-1073\/","token":"46.2\/III\/10\/10\/46.2-1073","metadata":false},{"id":70675,"structure_id":13067,"section_number":"46.2-1074","catch_line":"Removing or altering serial or identification numbers, decals and devices without consent of Department","url":"\/46.2-1074\/","token":"46.2\/III\/10\/10\/46.2-1074","metadata":false},{"id":63514,"structure_id":13067,"section_number":"46.2-1075","catch_line":"Possession of vehicles with serial numbers removed or altered","url":"\/46.2-1075\/","token":"46.2\/III\/10\/10\/46.2-1075","metadata":false},{"id":69052,"structure_id":13067,"section_number":"46.2-1075.1","catch_line":"Tampering with gross vehicle weight ratings; penalty","url":"\/46.2-1075.1\/","token":"46.2\/III\/10\/10\/46.2-1075.1","metadata":false},{"id":80519,"structure_id":13067,"section_number":"46.2-1076","catch_line":"Lettering on certain vehicles","url":"\/46.2-1076\/","token":"46.2\/III\/10\/10\/46.2-1076","metadata":false},{"id":64520,"structure_id":13067,"section_number":"46.2-1077","catch_line":"Motor vehicles not to be equipped with television within view of driver; viewing motion pictures or similar displays while driving","url":"\/46.2-1077\/","token":"46.2\/III\/10\/10\/46.2-1077","metadata":false},{"id":65557,"structure_id":13067,"section_number":"46.2-1077.01","catch_line":"Display of certain visual material in motor vehicles prohibited; penalty","url":"\/46.2-1077.01\/","token":"46.2\/III\/10\/10\/46.2-1077.01","metadata":false},{"id":69626,"structure_id":13067,"section_number":"46.2-1077.1","catch_line":"Mobile infrared transmitters; demerit points not to be awarded","url":"\/46.2-1077.1\/","token":"46.2\/III\/10\/10\/46.2-1077.1","metadata":false},{"id":77671,"structure_id":13067,"section_number":"46.2-1078","catch_line":"Unlawful to operate motor vehicle, bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped while using earphones","url":"\/46.2-1078\/","token":"46.2\/III\/10\/10\/46.2-1078","metadata":false},{"id":76449,"structure_id":13067,"section_number":"46.2-1078.1","catch_line":"Repealed","url":"\/46.2-1078.1\/","token":"46.2\/III\/10\/10\/46.2-1078.1","metadata":false},{"id":54120,"structure_id":13067,"section_number":"46.2-1079","catch_line":"Radar detectors; demerit points not to be awarded","url":"\/46.2-1079\/","token":"46.2\/III\/10\/10\/46.2-1079","metadata":false},{"id":71880,"structure_id":13067,"section_number":"46.2-1080","catch_line":"Speedometer in good working order","url":"\/46.2-1080\/","token":"46.2\/III\/10\/10\/46.2-1080","metadata":false},{"id":61953,"structure_id":13067,"section_number":"46.2-1081","catch_line":"Slow-moving vehicle emblems","url":"\/46.2-1081\/","token":"46.2\/III\/10\/10\/46.2-1081","metadata":false},{"id":75724,"structure_id":13067,"section_number":"46.2-1082","catch_line":"Mirrors","url":"\/46.2-1082\/","token":"46.2\/III\/10\/10\/46.2-1082","metadata":false},{"id":68022,"structure_id":13067,"section_number":"46.2-1083","catch_line":"Rear fenders, flaps, or guards required for certain motor vehicles","url":"\/46.2-1083\/","token":"46.2\/III\/10\/10\/46.2-1083","metadata":false},{"id":63854,"structure_id":13067,"section_number":"46.2-1084","catch_line":"Vehicle to have securely affixed seat for driver; location of such seat","url":"\/46.2-1084\/","token":"46.2\/III\/10\/10\/46.2-1084","metadata":false},{"id":86512,"structure_id":13067,"section_number":"46.2-1085","catch_line":"Repealed","url":"\/46.2-1085\/","token":"46.2\/III\/10\/10\/46.2-1085","metadata":false},{"id":86884,"structure_id":13067,"section_number":"46.2-1086","catch_line":"Devices for emission of smoke screens, gas projectors or flame throwers; prohibited","url":"\/46.2-1086\/","token":"46.2\/III\/10\/10\/46.2-1086","metadata":false},{"id":60282,"structure_id":13067,"section_number":"46.2-1087","catch_line":"Forfeiture of vehicles equipped with smoke projectors, etc","url":"\/46.2-1087\/","token":"46.2\/III\/10\/10\/46.2-1087","metadata":false},{"id":59414,"structure_id":13067,"section_number":"46.2-1088","catch_line":"Air conditioning units","url":"\/46.2-1088\/","token":"46.2\/III\/10\/10\/46.2-1088","metadata":false},{"id":57104,"structure_id":13067,"section_number":"46.2-1088.1","catch_line":"Hood scoops","url":"\/46.2-1088.1\/","token":"46.2\/III\/10\/10\/46.2-1088.1","metadata":false},{"id":84273,"structure_id":13067,"section_number":"46.2-1088.2","catch_line":"Warning devices required on certain vehicles","url":"\/46.2-1088.2\/","token":"46.2\/III\/10\/10\/46.2-1088.2","metadata":false},{"id":63966,"structure_id":13067,"section_number":"46.2-1088.3","catch_line":"Air bags; installation of other object in lieu of air bag prohibited; manufacture, sale, etc., of counterfeit or nonfunctional air bag prohibited; notice of installation of previously installed air bag required; penalties","url":"\/46.2-1088.3\/","token":"46.2\/III\/10\/10\/46.2-1088.3","metadata":false},{"id":60637,"structure_id":13067,"section_number":"46.2-1088.4","catch_line":"Devices used to supply nitrous oxide to the engines of motor vehicles","url":"\/46.2-1088.4\/","token":"46.2\/III\/10\/10\/46.2-1088.4","metadata":false},{"id":58944,"structure_id":13067,"section_number":"46.2-1088.5","catch_line":"Reflectors or reflectorized material required on rear end of certain trailers","url":"\/46.2-1088.5\/","token":"46.2\/III\/10\/10\/46.2-1088.5","metadata":false},{"id":64068,"structure_id":13067,"section_number":"46.2-1088.6","catch_line":"Motor vehicle recording devices","url":"\/46.2-1088.6\/","token":"46.2\/III\/10\/10\/46.2-1088.6","metadata":false}],"previous_section":{"id":69626,"structure_id":13067,"section_number":"46.2-1077.1","catch_line":"Mobile infrared transmitters; demerit points not to be awarded","url":"\/46.2-1077.1\/","token":"46.2\/III\/10\/10\/46.2-1077.1","metadata":false},"next_section":{"id":76449,"structure_id":13067,"section_number":"46.2-1078.1","catch_line":"Repealed","url":"\/46.2-1078.1\/","token":"46.2\/III\/10\/10\/46.2-1078.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-1078\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1958, chapter 541; in 1989, chapter 727; in 1993, chapter 126; in 1997, chapter 36<\/a>; in 2001, chapter 834<\/a>; in 2002, chapter 254<\/a>.<\/p>","references":false,"refers_to":[{"id":56835,"section_number":"46.2-920","catch_line":"Certain vehicles exempt from regulations in certain situations; exceptions and additional requirements","order_by":null,"url":"\/46.2-920\/"}],"permalink":{"id":228669,"object_type":"law","relational_id":77671,"identifier":"46.2-1078","token":"46.2\/III\/10\/10\/46.2-1078","url":"\/46.2-1078\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-1078\/","token":"46.2\/III\/10\/10\/46.2-1078","dublin_core":{"Title":"Unlawful to operate motor vehicle, bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped while using earphones","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-1078","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

It shall be unlawful for any person to operate a motor vehicle<\/span>, bicycle, electric personal assistive mobility device<\/span>, electric power-assisted bicycle<\/span>, or moped<\/span> on the highways<\/span><\/span> in the Commonwealth while using earphones<\/span> on or in both ears.\n\t\tFor the purpose of this section, “earphones<\/span>” shall mean any device worn on or in both ears that converts electrical energy to sound waves or which impairs or hinders the person’s ability to hear, but shall not include (i) any prosthetic device that aids the hard of hearing<\/span>, (ii) earphones<\/span> installed in helmets worn by motorcycle<\/span> operators<\/span> and riders and used as part of a communications system, or (iii) nonprosthetic, closed-ear, open-back, electronic noise-cancellation<\/span> devices designed and used to enhance the hearing<\/span> ability of persons who operate vehicles<\/span> in high-noise environments, provided any such device is being worn by the operator<\/span> of a vehicle with a gross vehicle weight rating of 26,000 pounds or more. The provisions of this section shall not apply to the driver<\/span> of any emergency vehicle as defined in \u00a7 46.2-920<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUNLAWFUL TO OPERATE MOTOR VEHICLE, BICYCLE, ELECTRIC PERSONAL ASSISTIVE MOBILITY\nDEVICE, ELECTRIC POWER-ASSISTED BICYCLE, OR MOPED WHILE USING EARPHONES (\u00a7\n46.2-1078)\n\nIt shall be unlawful for any person to operate a motor vehicle, bicycle,\nelectric personal assistive mobility device, electric power-assisted bicycle, or\nmoped on the highways in the Commonwealth while using earphones on or in both\nears.\n\t\tFor the purpose of this section, “earphones” shall mean any device\nworn on or in both ears that converts electrical energy to sound waves or which\nimpairs or hinders the person’s ability to hear, but shall not include (i)\nany prosthetic device that aids the hard of hearing, (ii) earphones installed in\nhelmets worn by motorcycle operators and riders and used as part of a\ncommunications system, or (iii) nonprosthetic, closed-ear, open-back, electronic\nnoise-cancellation devices designed and used to enhance the hearing ability of\npersons who operate vehicles in high-noise environments, provided any such\ndevice is being worn by the operator of a vehicle with a gross vehicle weight\nrating of 26,000 pounds or more. The provisions of this section shall not apply\nto the driver of any emergency vehicle as defined in \u00a7 46.2-920.\n\nHISTORY: Code 1950, \u00a7 46-219.1; 1950, p. 882; 1958, c. 541, \u00a7 46.1-202.1;\n1989, c. 727; 1993, c. 126; 1997, c. 36; 2001, c. 834; 2002, c. 254.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}