Can motorbike riders wear headphones when in traffic?

One day, I was riding a motorbike to school. Being bored, I listened to MP3 music on my mobile phone. The music was so loud so I could not hear the car horn. When passing the road of Hung Vuong Street, City X, I was fined 150,000 VND by the police for wearing headphones when riding. I thought I have not caused an accident as well as affected traffic participants so my punishment was not satisfactory. So, was it legal?

FDVN’s opinion:

Sincerely thank you for your concerning our legal consulting service. We are glad to give you our advice on your question.

 [1] According to the provisions in Point o, Clause 3, Article 6 of Decree No. 46/2016/ND-CP, 26th, May 2016 of the Regulation on Penalties imposed upon operators and passengers on mopeds and motorcycles (including electric motorcycles) and motorcycle-like vehicles violating road traffic rules are as follows:

“A fine of VND 60,000 - VND 80,000 shall be imposed for any of the following violations:

....

Using an umbrella, cell phone, or audio device other than hearing aid devices while operating the vehicle.”

Comparing with the law with the above case, the fact that you are sanctioned by the police for the use of headphones when driving the vehicle is right in accordance with the law.

[2] In addition, at Point c, Clause 12, Article 6 of Decree no. 46/2016 / ND-CP, you may be subject to additional penalties such as the recall of the right to use a Driving License from 2 months to 4 months. If you are carrying out the above action, causing a traffic accident.

So, the traffic police punish you for the above reason is right in accordance with the provisions of the law. You need to pay attention to comply with the law when participating in traffic, especially shouldn't wear headphones when participating in traffic because it is very easy to cause accidents, affecting the safety of you and other people.

Above is FDVN Law Firm's advisory opinion regarding the request of a consultant of the Guest on the basis of studying legal regulations. Hopefully, FDVN's advice will be helpful to you.

-Nguyen Thi Thao-

FDVN Law Firm

FDVN LAW FIRM