§295.2.  Wearing of headphones; prohibitions; exceptions

A.  The wearing of headphones by any operator of a motor vehicle is hereby prohibited.  For purposes of this Section, "headphones" shall mean a headset, headphone, or listening device other than a hearing aid or instrument for the improvement of defective human hearing which covers both ears or which is inserted into both ears.  Any headset, headphone, or other listening device which covers or which is inserted into only one ear may be used at any time.

B.  The provisions of this Section shall not apply to:

(1)  Any law enforcement officer or emergency vehicle operator equipped with any communication device necessary in performing his assigned duties.

(2)  Any person operating a motorcycle who is using a headset that is installed in a  helmet and worn so as to prevent the speakers from making direct contact with the user's ears so that the user can hear surrounding sounds.

C.  The Department of Public Safety and Corrections, office of motor vehicles, shall adopt rules and regulations in accordance with the Administrative Procedure Act to establish standards and specifications for headset equipment, the use of which is permitted under this Section.  The department shall inspect and review all such devices submitted to it and shall publish a list by name and type of approved equipment.

D.  No vehicle, contents of a vehicle, or driver in a vehicle shall be inspected, stopped, detained, or searched solely because of a violation of or to determine compliance with this Section.

E.  The operation of a vehicle in violation of the provisions of this Section shall not be considered a moving violation as provided for under the provisions of Title 32 of the Louisiana Revised Statutes of 1950.

F.  Whoever violates the provisions of this Section shall be fined twenty-five dollars in addition to court costs.

Acts 1995, No. 619, §1.