Does wearing headphones while riding give you a fine? See what the CTB says

Many drivers and motorcyclists already have technology integrated into their daily lives and have the habit of listening to music, following routes by GPS or answering phone calls using headphones. However, using these devices while driving can result in penalties in the National Driver’s License (CNH).

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What does the law say about headsets for motorcyclists?

The Brazilian traffic rule is clear in relation to the use of traditional headphones. According to the Brazilian Traffic Code (CTB), this use is not allowed:

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

Disobedience generates the following penalties:

• Classification: infraction of medium nature;
• Penalty: fine in the amount of R$ 130.16;
• Score: 4 points recorded on the driver’s license.

The ban applies to any type of driver — whether of cars, motorcycles or other motor vehicles. The main objective of the measure is to prevent the loss of auditory perception of the environment, essential for hearing horns, emergency sirens and the approach of other vehicles.

Unlike the occupants of a car, the motorcyclist is totally exposed to the impacts of traffic and depends on the constant alert of all his senses. Sounds such as the braking of a truck, the noise of an engine next to it or changes in the motorcycle itself serve as early warnings to avoid accidents. Using high-volume audio and engaging in phone conversations reduces reaction time in unpredictable situations.

Is helmet intercom allowed or prohibited?

The great legal divergence occurs in relation to Bluetooth intercoms and the audio systems built into the interior of the helmet.

The text of the CTB expressly prohibits the use of “headphones in the ears”, without making direct mention of devices installed in the helmet structure, which by their nature are different from headphones.

Many models of headphones are in-ear or headset-type, that is, focusing on the propagation of the sound emitted and often isolating outside noises. Helmets that have sound equipment, on the other hand, do not emit noise directly into the driver’s ear, avoiding muffling and making it possible to hear external sounds.

The well-accepted interpretation is that the intercom is not inserted into the motorcyclist’s ear canal and, therefore, does not fit the literal definition of the infraction. But, in the absence of a specific regulation for integrated devices, the application of the penalty may vary according to the understanding of the inspection authority at the time of the approach or the position of the state traffic department.

Therefore, to protect yourself, it is best to purchase a helmet certified by Inmetro that comes standard with intercom technology, thus avoiding greater discomfort with adaptations that mischaracterize the equipment. The driver should still be aware of the position of the local inspection agencies.

How to ride safely and avoid penalties

To ensure traffic safety and avoid fines, it is recommended to adopt the following precautions:

• Program the GPS before leaving: set the route with the motorcycle stopped and parked;
• Do not answer calls on the move: if the call is urgent, stop at a permitted place;
• Keep the volume low: if you use authorized or built-in systems, ensure that the ambient sound remains audible;
• Keep your focus on the road: avoid any element that can disperse attention during the journey.