(a) No person shall operate a bicycle or motor vehicle upon any highway while wearing earphones, a headset, headphone, or other listening device. Any person who violates this section shall be fined: (1) one hundred dollars ($100) for the first offense, (2) one hundred ten dollars ($110) for the second offense, and (3) one hundred forty dollars ($140) for the third and each subsequent offense. (b) This section shall not apply to: (1) Any emergency vehicle operator using an integrated intercom system; (2) Any person operating a motorcycle who is using a headset 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; (3) Any person using a headset in conjunction with a cellular telephone that only provides sound through one ear and allows surrounding sounds to be heard with the other ear; (4) Any person using a headset in conjunction with the communicating with the central base operation that only provides sound through one ear and allows surrounding sounds to be heard with the other ear; (5) Any person using a hearing aid(s) or instrument for the improvement of hearing. (c) The department of motor vehicles shall promulgate rules and regulations necessary to implement the provisions of this section.
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