South Carolina

Is it illegal to wear headphones or AirPods while driving in SC? Here’s what the law says

Is it illegal to wear headphones while driving in South Carolina?
Is it illegal to wear headphones while driving in South Carolina? Getty Images

Who doesn’t enjoy listening to music or podcasts on a long drive?

For many, choosing the right playlist before heading out on a road trip is a time-honored tradition. And then there are those drivers who just need a bit of relief while on their daily commutes to work.

However, as with most other things, fooling with a radio or headphones while driving can potentially cause distractions that could lead to disaster. Headphones in particular may cut you off more from what’s happening around you.

So then, is wearing headphones or AirPods while driving illegal in South Carolina? Here’s what to know.

Driving with headphones in SC

There is no South Carolina law that specifically prohibits the use of headphones, AirPods or other types of earbuds while driving, according to Venus Poe, PA Attorney at Law in South Carolina. There really is only a handful of states where driving with headphones on is illegal, including California, Louisiana, Maryland, Minnesota, Virginia and Washington.

However, while you’re not prohibited from wearing headphones while driving in South Carolina, that does not necessarily mean you couldn’t still get in trouble with the law.

Distracted driving in SC

“In cases where earbuds or headphones cause a distraction, your actions may fall under distracted driving laws,” Venus Poe’s website states. “Distracted driving is illegal in South Carolina.”

According to the South Carolina Department of Public Safety, “a distraction is anything that takes your attention away from driving.” This applies to actions such as physically taking your hands off of the steering wheel or your eyes off the road. For instance, SC Code Section 56-5-3890 states that it is unlawful for someone to use a wireless electronic communication device to write and or send texts while driving.

Distracted driving can also apply to mental activities such as listening to distracting music.

Negligence while using headphones

A driver who is wearing headphones while causing an accident may be considered negligent, making that person or their insurance company liable for damages, Venus Poe’s website states.

“While there is no legal duty to drive without earbuds, there is a legal duty to drive safely without distractions,” Venus Poe’s website states.

Patrick McCreless
The State
Patrick McCreless is the Southeast service journalism editor for McClatchy, who leads and edits a team of six reporters in South Carolina, Georgia and Mississippi. The team writes about trending news of the day and topics that help readers in their daily lives and better informs them about their communities. He attended Jacksonville State University in Alabama and grew up in Tuscaloosa, AL.
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