Do you drive with headphones? Get ready for the fine!

According to the CTB, driving a car or motorcycle using headphones is a traffic violation; check the amount of the fine and CNH score

Wearing headphones behind the wheel reduces the driver's attention, making them a distraction and a risk when driving. (Photo: Shutterstock | AutoPapo)
By Julia Vargas
Published on 2026-02-09 at 05:00 PM
Updated on 2026-02-09 at 05:30 PM

The Brazilian Traffic Code (CTB) provides for more than 200 traffic violations, some of which are little known and end up catching many drivers off guard. Among them is the use of headphones while driving the vehicle.

This habit, which is very common among drivers who work with passenger transport, generates a huge risk to safety and is provided for in the CTB:

Art. 252 – Driving the vehicle:
VI – using headphones in the ears connected to a sound system or a cell phone

  • Infraction – average (4 points);
  • Penalty – fine (R$130.16).

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This article also punishes the use of the cell phone when the driver is listening to something played on the smartphone, but with both hands on the wheel. This happens, for example, in a call with live voice on.

How does the fine happen and who can be fined?

For a driver to be fined for using headphones while driving, the traffic agent must approach or simply visually detect the infraction. That is, the traffic agent does not need to approach the vehicle to apply the penalty.

The fine applies to both drivers and motorcyclists, and in the case of the latter, only the use of intercoms is allowed. This equipment is installed on the helmet so that the motorcyclist can better communicate with the passenger on the pillion.

And another detail: it is not necessary for the vehicle to be in motion for the fine to be applied, the driver can be fined if he is stopped in traffic, for example. It is also worth remembering that the legislation applies to both wired headphones and those with a bluetooth connection.

Using headphones while driving greatly increases the risk of accidents

There are no problems in driving listening to music or podcast, but when using headphones the driver loses sound sense of what is happening around him. In this way, it is difficult to notice sounds around the car, such as a horn or the engine of a motorcycle cutting through the aisle.

A study conducted by Ford in Europe showed that the use of headphones by drivers, cyclists, skateboarders and pedestrians can be very dangerous. People who listen to music with headphones take, on average, more than 4 seconds to identify potential traffic hazards.

The experiment used a specially developed “8D” spatial sound tool, with more than 2,000 participants from across Europe, most of whom stated that they wear headphones when in traffic. Of these people, 56% reported having almost been involved in an accident, and 27% of them were wearing headphones at the time.

In the study, subjects were placed on an immersive virtual street and equipment measured their reaction time in potentially dangerous situations, such as when driving, cycling, walking or riding a scooter with headphones. You can test the tool used by participants on your cell phone through the Share The Road: Safe and Sound app.

Before the experiment, 44% of people said they would not use headphones in traffic. Afterward, 58% pledged to never use them again – an increase of 31%.

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