This is just a general thing - but are drivers allowed to wear one airpod in the right side?

(25 Apr 2022, 4:23 pm)Unber43 wrote This is just a general thing - but are drivers allowed to wear one airpod in the right side?

I would imagine the answer is no, but I have seen a few drivers, from all operators, wearing them

(25 Apr 2022, 4:25 pm)streetdeckfan wrote I would imagine the answer is no, but I have seen a few drivers, from all operators, wearing them

I have seen some wearing ear plugs in both ears ( mainley for a school route) - But its just like listening to the radio

I've seen a few. Mainly if there learning the route

(25 Apr 2022, 4:23 pm)Unber43 wrote This is just a general thing - but are drivers allowed to wear one airpod in the right side?

No, get him reported because it's the most henious crime in the history of the universe.

(25 Apr 2022, 4:23 pm)Unber43 wrote This is just a general thing - but are drivers allowed to wear one airpod in the right side?

The fact that they're only using one, in the side that's facing away from most people's line of sight, probably answers that. 

Ultimately it's probably for similar reasons to why passengers are advised not to distract the driver (i.e try and have conversation) without due cause - if a driver is listening to their playlist on full blast they're likely to be distracted/not as responsive to other sounds on the vehicle that may need their attention (bells, passengers informing driver of actual vehicle issues, warning buzzers, passenger falls etc).

Simple answer NO, they are only a glimpse from a manager away from a disciplinary if spotted, why do you think you see drivers with hats on in the middle of summer

and we wonder why staff are quitting!

(26 Apr 2022, 4:08 pm)omnicity4659 wrote and we wonder why staff are quitting!

Indeed. And with new starters at Arriva now on the NMLW good luck to them.

While I don't particularly care whether a bus driver is wearing airpods and certainly wouldn't report or complain if they were, if drivers are actually quitting because they can't wear them, they were probably in the wrong job to begin with.

I honestly don’t care if drivers wear A airpod just asking as it isn’t both. I think anyone who reports them is just ridiculous- people listen to Music through AirPods while driving.

(26 Apr 2022, 4:52 pm)Unber43 wrote I honestly don’t care if drivers wear A airpod just asking as it isn’t both. I think anyone who reports them is just ridiculous- people listen to Music through AirPods while driving.

The bus driver is responsible for the health and safety of the passengers on there bus , if the driver got distracted and crashed the bus due to not been fully in control due to listening music etc… there would be claims going in , press involved, local authorities etc , won’t look good for the bus company themselves even though there will cover there backs as it will come down to the driver alone


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i remember when i was a little one drivers use to have trasistor radios on in the cab. Not sure if the highway code has changed since then but listen to many of a Toon match whilst getting the 631 from my grandparents in winlation on a saturday afternoon!

(26 Apr 2022, 4:22 pm)Driver9*** wrote Indeed. And with new starters at Arriva now on the NMLW good luck to them.

(26 Apr 2022, 4:32 pm)MurdnunoC wrote While I don't particularly care whether a bus driver is wearing airpods and certainly wouldn't report or complain if they were, if drivers are actually quitting because they can't wear them, they were probably in the wrong job to begin with.

Too much micromanagement from the companies, in my opinion. If it makes the job more bearable then let them do it as long as it doesn't affect safety or passengers - one earpod seems to be enough to hear everything you need to hear.

(27 Apr 2022, 5:30 pm)omnicity4659 wrote Too much micromanagement from the companies, in my opinion. If it makes the job more bearable then let them do it as long as it doesn't affect safety or passengers - one earpod seems to be enough to hear everything you need to hear.

I agree there is probably too much micromanagement in general, however, if your breaking point is not being able to wear airpods which, like it or not, is a genuine healthy and safety concern and is generally prohibited by most bus operators, being a bus driver is probably not the best career choice.

Are they allowed to be worn by drivers in general? I see loads of people driving (never seen a bus driver mind) and wonder about the legality of it all.

(28 Apr 2022, 11:54 am)idiot wrote Are they allowed to be worn by drivers in general? I see loads of people driving (never seen a bus driver mind) and wonder about the legality of it all.

Legally speaking, it is very dubious. I tried to find something specific yesterday but couldn't find anything other than general advice stating you shouldn't be using anything which might cause a distraction. However, if you caused an accident and were proven to be wearing earphones/buds/airpods at the time, it could become legally significant if it was postulated the accident was caused by the driver becoming distracted. The police can also stop you, just as they can if you're eating or drinking anything whilst driving, if they believe you are driving without due care or attention which is a separate offence entirely. So whislt it isn't, strictly speaking, illegal, there is the possibility of being done for it.

ive seen loads of cyclists/moped riders wherein them.

(28 Apr 2022, 12:12 pm)MurdnunoC wrote Legally speaking, it is very dubious. I tried to find something specific yesterday but couldn't find anything other than general advice stating you shouldn't be using anything which might cause a distraction. However, if you caused an accident and were proven to be wearing earphones/buds/airpods at the time, it could become legally significant if it was postulated the accident was caused by the driver becoming distracted. The police can also stop you, just as they can if you're eating or drinking anything whilst driving, if they believe you are driving without due care or attention which is a separate offence entirely. So whislt it isn't, strictly speaking, illegal, there is the possibility of being done for it.

Is it really that much different to listening to the radio in a car though? Yes a car's radio can also distract you if you have it loud enough, but you'd have a hard time arguing that airpods are more distracting than listening to a radio.

(28 Apr 2022, 12:49 pm)deanmachine wrote Is it really that much different to listening to the radio in a car though? Yes a car's radio can also distract you if you have it loud enough, but you'd have a hard time arguing that airpods are more distracting than listening to a radio.

The difference being, you don't wear a radio.

Here's what the DVSA/Government have to say:

https://www.gov.uk/using-mobile-phones-w...ng-the-law

Using a phone, sat nav or other device when driving

It’s illegal to hold and use a phone, sat nav, tablet, or any device that can send or receive data, while driving or riding a motorcycle.

This means you must not use a device in your hand for any reason, whether online or offline.

For example, you must not text, make calls, take photos or videos, or browse the web.

The law still applies to you if you’re:

stopped at traffic lights
queuing in traffic
supervising a learner driver
driving a car that turns off the engine when you stop moving
holding and using a device that’s offline or in flight mode
Exceptions
You can use a device held in your hand if:

you need to call 999 or 112 in an emergency and it’s unsafe or impractical to stop
you’re safely parked
you’re making a contactless payment in a vehicle that is not moving, for example at a drive-through restaurant
you’re using the device to park your vehicle remotely
Using devices hands-free
You can use devices with hands-free access, as long as you do not hold them at any time during usage. Hands-free access means using, for example:

a Bluetooth headset
voice command
a dashboard holder or mat
a windscreen mount
a built-in sat nav
The device must not block your view of the road and traffic ahead.

Staying in full control of your vehicle
You must stay in full control of your vehicle at all times. The police can stop you if they think you’re not in control because you’re distracted and you can be prosecuted.

Penalties
You can get 6 penalty points and a £200 fine if you hold and use a phone, sat nav, tablet, or any device that can send and receive data while driving or riding a motorcycle.

You’ll also lose your licence if you passed your driving test in the last 2 years.

You can get 3 penalty points if you do not have a full view of the road and traffic ahead or proper control of the vehicle.

You can also be taken to court where you can:

be banned from driving or riding
get a maximum fine of £1,000 (£2,500 if you’re driving a lorry or bus)

So one interpretation is that a Bluetooth headset of any kind is an extention of your phone and is being used to transmit or receive data. If you skip a track using your phone, it is an offence as you're prohibited from using your phone whilst in control of your vehicle. If you're skipping through tracks because your earpiece has controls allowing you to do so, you might still be causing an offence as one might argue you are being distracted, especially if there's an accident and there's evidence to suggest you were fiddling with your earpiece at the time.

Also, it is up to the discretion of the police to judge whether or not you're in control of the vehicle. If they have reason to believe an earpiece is causing a distraction in some way, then, as explained in my previous post, they can pull you over and give you a ticket. Of course, you can contest and argue the toss in a court of law, but you're going to need a decent lawyer because the burden of proof in going to be upon you to disprove the judgement of the police, which is probably going to be a costly affair.

It's also worth noting the maximum penalty for not being in control of a bus or a lorry is £2500, which reflects the severity of the offence due to the nature of the vehicle involved. You don't even have to be involved in an incident for that fine to be levied, all it takes is for a police officer to believe you are distracted. Again, you can argue the toss, but I think a magistrate, a judge, or a jury (if it gets that far), is less likely to be lenient if it is discovered you were carrying passengers at the time.

Now, you might think the examples I've outlined are extreme and, perhaps they are, but is it really worth risking a fine, points or a ban just so you can listen to Des O'connor Greatest Hits on your phone?

(28 Apr 2022, 2:02 pm)MurdnunoC wrote The difference being, you don't wear a radio.

Here's what the DVSA/Government have to say:

https://www.gov.uk/using-mobile-phones-w...ng-the-law


So one interpretation is that a Bluetooth headset of any kind is an extention of your phone and is being used to transmit or receive data. If you skip a track using your phone, it is an offence as you're prohibited from using your phone whilst in control of your vehicle. If you're skipping through tracks because your earpiece has controls allowing you to do so, you might still be causing an offence as one might argue you are being distracted, especially if there's an accident and there's evidence to suggest you were fiddling with your earpiece at the time.

Also, it is up to the discretion of the police to judge whether or not you're in control of the vehicle. If they have reason to believe an earpiece is causing a distraction in some way, then, as explained in my previous post, they can pull you over and give you a ticket. Of course, you can contest and argue the toss in a court of law, but you're going to need a decent lawyer because the burden of proof in going to be upon you to disprove the judgement of the police, which is probably going to be a costly affair.

It's also worth noting the maximum penalty for not being in control of a bus or a lorry is £2500, which reflects the severity of the offence due to the nature of the vehicle involved. You don't even have to be involved in an incident for that fine to be levied, all it takes is for a police officer to believe you are distracted. Again, you can argue the toss, but I think a magistrate, a judge, or a jury (if it gets that far), is less likely to be lenient if it is discovered you were carrying passengers at the time.

Now, you might think the examples I've outlined are extreme and, perhaps they are, but is it really worth risking a fine, points or a  ban just so you can listen to Des O'connor Greatest Hits on your phone?

I wasn't talking about a bus, as I know it's a lot more serious then passenger cars, my argument was if you're driving an older car with no way to play your own music, unlike my car with it's built in Apple Car play, it's fine for me to listen to music on the go, but god forbid someone in an older vehicle is wearing an airpod in their ear. Like it's some completely different thing to using a car's built in entertainment system. I can shout at Siri to change my AirPods when I'm out for a run (not that I would as I'd look like a nutter). Whereas when I'm driving my car I press buttons on my steering wheel, which isn't hands free, yet is completely fine in the law, unless you crash whilst doing it.

My criticism is entirely with the law, they have such heavy penalties for people using mobile phones whilst driving (and rightly so), but modern cars with their touch screens are exactly the same thing, yet knock yourselves out using your cars infotainment, just don't crash.

I'd guess an issue with many newer wireless earphones is that they feature pretty good ANC, which can totally disengage someone from their surroundings. In contrast to a car radio which has been used as an example, where you can still hear noises surrounding your car/unusual noises from the car, if you're wearing noise cancelling earphones you can't hear anything but your music.

So not only could the driver be distracted (don't forget they could be listening to literally anything - would you want your bus driver listening to a World Cup final penalty shootout while driving along?), they could be completely unaware of an emergency services siren, a car beeping at them, a passenger in distress etc.