Is it Illegal to Wear Air Pods While Driving in Tyler, Texas?

Question: Is it illegal to wear Air Pods while driving in Tyler, Texas, or any of our East Texas cities?

Granted, I can't imagine why most people would be wearing Air Pods while driving. I suppose in the situation when someone's car radio isn't working or the car doesn't have any way to listen to music at all one might understand why this could happen.

Other than that, it doesn't make sense to me. Then again, I do remember two occasions when I realized I was doing just that very thing. However, on both occasions, it was simply due to forgetting that I had them on. I had been walking on a trail here in East Texas. I got back to my car, hopped in, and proceeded to drive home.

Yes, I finally realized I still had them in my ears when I realized I couldn't hear the radio as well as I'd like.

You might be surprised by what the law has to say regarding wearing Air Pods or headphones, in general, while driving in Texas.

Although it's likely to change at some time in the future, as of now, it's not technically illegal to drive with Air Pods or headphones while driving in Texas...BUT. Like so many other things we've discussed regarding the legalities of certain things in Texas, there are some gray areas, for sure.

Here's the thing: While the Texas law doesn't specifically mention Air Pods, Texas drivers can still receive a citation for Dangerous Driving. According to the website of Attorney Brian White of Houston, Texas, "Texas Transportation Code Section 545.401 says that a driver commits the offense of dangerous driving if he or she drives with a willful or wanton disregard for the safety of others."

That could likely be interpreted to include wearing headphones of any kind that would cause a driver to be more distracted than they would be otherwise.

That leads us to Texas' Distracted Driving laws.

Granted, Distracted Driving usually refers to cellphone use. However, it could be also extended to include anything that could distract a driver and thus lead to an accident--eating, plucking your eyebrows while driving, and yes...listening to headphones or Air Pods.

Best practice? Yeah, just don't. (Note to Self, too.)