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1995 SESSION

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LD8545340
HOUSE BILL NO. 1890 Offered January 20, 1995 A BILL to amend and reenact § 46.2-1078 of the Code of Virginia, relating to operating motor vehicles, mopeds, or bicycles while using earphones. ---------- Patrons--May, Albo and Nixon ---------- Referred to Committee on Roads and Internal Navigation ----------

Be it enacted by the General Assembly of Virginia:

1. That § 46.2-1078 of the Code of Virginia is amended and reenacted as follows:

§ 46.2-1078. Unlawful to operate motor vehicle, moped, or bicycle while using earphones.

It shall be unlawful for any person to operate a motor vehicle, moped, or bicycle on the highways in the Commonwealth while using earphones on or in both ears.

For the purpose of this section, "earphones" shall mean means any device worn on or in both ears (i) which converts electrical energy to sound waves or which impairs or hinders the person's ability to hear, but shall and (ii) whose sound-producing element extends into the interior ear and/or whose surrounding sound-attenuating structure extends beyond or behind the entire external ear. “Earphones” does not include (i) any prosthetic device which aids the hard of hearing or (ii) earphones installed in helmets worn by motorcycle operators and riders and used as part of a communications system. The provisions of this section shall not apply to the driver of any emergency vehicle as defined in § 46.2-920.