Quick answer: Yes, it is illegal in Maryland — but only when the device covers or sits in both ears. Md. Code, Transp. § 21-1120 bans driving a motor vehicle while wearing earplugs, a headset, or earphones “over or in both ears.” A single earbud in one ear is not a violation of this section. The preset fine is $60 and the offense carries 1 point — 3 points and a $100 fine if it contributed to an accident. It is a payable citation, not a must-appear.
I’m David Waranch, and I’ve handled thousands of Maryland traffic cases in courts across the state.
What § 21-1120 Actually Prohibits
The section is three parallel sentences. Each one repeats the same two limits — both ears, and motor vehicle:
“(a) A person may not drive a motor vehicle on any highway or on any private property that is used by the public in general in this State while the person is wearing over or in both ears earplugs.
(b) … while the person is wearing over or in both ears a headset.
(c) … while the person is wearing over or in both ears earphones attached to a radio, tape player, or other audio device.”
Three details in that text decide most cases:
- “Both ears” is an element of the offense. One earbud, one over-ear cup pushed off, or a single-ear Bluetooth earpiece does not meet the statute. The State has to prove both ears were covered.
- It is not limited to highways. The ban reaches “any private property that is used by the public in general” — a shopping center lot, a parking garage, an apartment complex drive.
- Subsection (c) requires an audio device. Earphones are prohibited when “attached to a radio, tape player, or other audio device.” Subsections (a) and (b) — plain earplugs and headsets — carry no such qualifier.
The statute says “motor vehicle,” so it does not reach bicycles. And it says nothing about motorcycles, which means there is no motorcycle exception: a helmet with a two-ear intercom or speaker system falls squarely inside subsection (b).
Every Exception in the Statute
There are six, and no others. Subsection (d) gives four that apply to all three prohibitions; subsection (e) gives two more that are narrower than people assume.
| Exception | Statutory language | Covers |
|---|---|---|
| Highway equipment operators | “A person engaged in the operation of either special construction equipment or equipment for use in the maintenance of any highway” | (a), (b), (c) |
| Refuse collection crews | “A person engaged in the operation of refuse collection equipment who is wearing a safety headset or safety earplugs“ | (a), (b), (c) |
| Custom hearing protection | “A person wearing personal hearing protectors in the form of custom earplugs or molds that are designed to reduce injurious noise levels” — but they “shall be designed in such a manner as to not inhibit the wearer’s ability to hear a siren or horn from an emergency vehicle or a horn from another vehicle” | (a), (b), (c) |
| Hearing aids | “A person wearing a prosthetic device used to aid the hard of hearing” | (a), (b), (c) |
| Emergency vehicle, emergency conditions | “A person operating an authorized emergency vehicle under emergency conditions” | (a) and (c) under § 21-1120(e)(1); (b) under (e)(2)(i) |
| Emergency personnel communication | A person operating an authorized emergency vehicle “who is wearing a headset for the purpose of communicating with other emergency personnel” | (b) only — headsets. Does not cover earplugs or audio earphones. |
Read the second column, not the summary. The refuse-collection exception only applies if the equipment worn is safety gear. The custom-earplug exception is conditional — molds that block a siren defeat the exception. And notice what is missing: there is no exception for hands-free calling, for navigation prompts, for noise-canceling headphones in transparency mode, or for a passenger. Wearing consumer headphones over both ears is prohibited no matter what is playing, or whether anything is playing at all.
Fine, Points, and Whether You Must Appear
Section 21-1120 sets no penalty of its own, so the general rule in Transp. § 27-101 applies: it is a misdemeanor punishable by a fine not exceeding $500. In practice you will be charged on a payable citation at the District Court’s preset amount.
| Charge | Preset fine | Points | If it contributed to an accident |
|---|---|---|---|
| § 21-1120(a) — earplugs in both ears | $60 | 1 | $100 · 3 points |
| § 21-1120(b) — headset over both ears | $60 | 1 | $100 · 3 points |
| § 21-1120(c) — earphones attached to an audio device | $60 | 1 | $100 · 3 points |
| Maximum on conviction at trial (§ 27-101(b)) | $500 | 1 | 3 points |
Those preset figures come from the District Court of Maryland’s Schedule of Pre-Set Fines, DC-CR-090 (Rev. 10/2025), effective October 1, 2025 — the schedule police are required to use when they write the citation. It includes court costs and a $7.50 Special Funds surcharge. None of the three subsections is marked “MA,” so this is a payable ticket: you are not required to stand trial, which also means you can choose to.
The point figure is not the officer’s call. Transp. § 16-402(a)(1) assigns 1 point to “any moving violation not listed below and not contributing to an accident,” and (a)(14) assigns 3 points to “any moving violation contributing to an accident.” COMAR 11.17.13.02.B(68) names § 21-1120 specifically as a moving violation for that purpose. So the MVA will post a point to your record — but only after a conviction.
The $60 mistake. “It’s only sixty dollars, I’ll just mail it in.” Paying a payable Maryland citation is a guilty plea. It produces a conviction, the conviction produces the point, and the point is what your insurer sees at renewal — for far more than $60. Requesting a trial or a waiver hearing keeps every other disposition available, including probation before judgment. Ask for the trial rather than the waiver hearing: under Transp. § 26-204(b)(2) a waiver hearing waives your right to compel the officer’s appearance, and on a charge like this the officer’s absence often ends it. The judge can raise the fine rather than reduce it, up to a $500 maximum — a real trade-off on a $60 ticket, but the point is usually what costs you more.
What to Do With the Citation
Under Transp. § 26-201(c)(1) you have 30 days from receipt to do one of four things: pay the preset fine, enter a payment plan if you qualify, request a hearing on sentencing and disposition in lieu of trial, or request a trial date. Miss all four and the court notifies the MVA, which can suspend your license under § 26-204.
Because “both ears” is an element the State has to prove, this is a more defensible charge than most moving violations. And because it is fine-only with no possible jail, your lawyer can often appear without you. Where guilt is not in dispute, probation before judgment under Crim. Proc. § 6-220 is the usual target — a PBJ discharge “is not a conviction,” and § 16-402 assesses points only after a conviction, so a PBJ keeps the point off your record entirely.
Whether one point matters depends on who you are. For most drivers it is minor and it ages off in two years. If you hold a commercial license or a provisional license, the conviction itself can matter more than the point does.
Frequently Asked Questions
Yes. Transportation section 21-1120 only prohibits earplugs, a headset, or earphones worn over or in both ears. A single earbud, or a one-ear Bluetooth earpiece, is outside the statute. Both ears being covered is an element the State has to prove, so a one-earbud stop should not produce a valid charge under this section.
The District Court preset fine is $60 and the offense carries 1 point. If the violation contributed to an accident it is $100 and 3 points. The statutory maximum on conviction at trial is $500. Points are assessed only after a conviction, so paying the ticket is what puts the point on your record.
Hearing aids are expressly excepted. Subsection (d)(4) exempts a person wearing a prosthetic device used to aid the hard of hearing. Motorcycle helmets are not mentioned anywhere in the section, so there is no motorcycle exception. A helmet communication system with speakers over both ears falls within the ban on headsets in subsection (b).
Law Offices of David R. Waranch — 301-563-9575 · toll-free 1-877-566-2408. Hablamos Español.
Last updated: August 2026. Statutory references: Md. Code, Transp. §§ 16-402, 21-1120, 26-201, 26-204, 27-101; Md. Code, Crim. Proc. § 6-220; COMAR 11.17.13.02; District Court of Maryland Schedule of Pre-Set Fines DC-CR-090 (Rev. 10/2025). This page is general information about Maryland law, not legal advice, and reading it does not create an attorney-client relationship.