Is it legal to wear headphones while driving?

In Switzerland, wearing headphones while driving is not explicitly forbidden, but it does pose significant safety risks. Acoustic perception is severely impaired which can lead to dangerous situations in road traffic. 

In this article, we explain to what extent you can drive with headphones on, what the legislation is, and what safety risks this entails.

What applies in Switzerland – are you allowed to wear headphones while driving?

You’re on a busy street, your favorite playlist is playing through your in-ear headphones or Airpods. You're enjoying the music, but important road traffic signals are taking a back seat. Although the Swiss Road Traffic Act doesn’t explicitly prohibit the wearing of headphones while driving, the law requires every driver to always maintain control of the vehicle and to react adequately to traffic signals. This is where the critical point lies.

Listening to music at a high volume or making a phone call using headphones can cause you to miss a horn, warning calls, or even the siren of an approaching emergency vehicle. Such moments of carelessness put road safety at risk and are contrary to the basic requirements of the Road Traffic Act.

Modern vehicles often offer hands-free systems as a safer alternative to holding the phone directly. But wearing headphones while talking on the phone can also significantly reduce your attention. To avoid losing your connection to the outside world completely, using just one earphone could be an option worth considering. Ultimately, it’s all about striking a safe balance between enjoying your music or having a conversation and your responsibility as a road user.

Can you drive with headphones on: Legal parameters

The Swiss Road Traffic Act does not stipulate any specific provisions regarding the wearing of headphones while driving. But it stresses the duty of the driver to steer the vehicle safely at all times and to react appropriately to signals and traffic conditions (Art. 31 para. 1 Road Traffic Act ). In this context, the wearing of headphones, which severely restrict acoustic perception, should be viewed critically.

Comprehensive traffic legal protection

AXA’s legal protection insurance is modular and can be tailored to your needs. The module “Mobility & Travel” covers all questions and disputes concerning your vehicle and traffic violations. If you face sanctions or claims for damages in connection with the use of headphones while driving, AXA is here to help.

Why headphones are dangerous when driving 

• Limited acoustic perception: One of the most obvious dangers is the impairment of acoustic perception. Traffic noise, such as the honking of other vehicles, warning signals, or the approaching of emergency vehicles, is important for acoustic orientation in road traffic. Headphones, especially noise-canceling headphones, can mask these important signals and thus significantly limit the driver’s ability to react appropriately to unforeseen events.
• Distraction through music or conversation: Listening to music or talking via headphones increases the cognitive strain on the driver. The brain has to concentrate on several tasks at the same time, resulting in reduced attention to the vehicle and traffic. Especially complex conversations or very loud or fast music can severely affect concentration.
• Lack of awareness of the environment: Wearing headphones can create a feeling of isolation from the environment. Drivers may find themselves in a kind of “bubble” in which they are less aware of the changes in their environment. This is particularly dangerous in dynamic traffic situations where rapid responses are required.
• Delayed reactions: The distraction and restricted perception can increase the time it takes for a driver to react to unexpected situations. Any delay, even a fraction of a second, can in certain situations mean the difference between driving safely and a rear-end collision.

Frequently asked questions about “Can I drive while wearing headphones?”

Can I drive with in-ear headphones or Airpods?

In Switzerland, there is no specific ban on wearing headphones while driving. However, according to the Road Traffic Act, the driver must be able to steer the vehicle safely and react to important acoustic signals at all times. If the wearing of headphones impairs this ability to drive, this can be considered a violation of traffic regulations.

What types of headphones are recommended when driving?

If you absolutely want to wear headphones, you should choose those that do not completely block out ambient noise. One-sided headphones or headphones with a transparency function that makes it possible to perceive ambient noise are preferable. However, being fully alert in road traffic and driving without headphones on is always the safest option.

What happens if I am wearing headphones when I am involved in an accident?

If you are involved in an accident and are wearing headphones, this will be taken into account during the accident investigation. If it is determined that the headphones affected your perception and contributed to the accident, you could be accused of not paying attention when driving. This can have legal consequences and affect your insurance claims.

How can legal protection insurance from AXA help me if I have legal problems because I was wearing headphones while driving?

AXA-ARAG legal protection insurance can help you if you get into legal trouble because you were wearing headphones while driving. This includes advice from experienced lawyers, assumption of the costs of proceedings up to the insured amount, and support in defending your rights under applicable traffic law in the event of an accident. However, it is important to stress that preventive action and avoiding distractions while driving is always the best strategy.