"The law varies from state-to-state, and is not federally legislated. "For example, in Texas, there is no law concerning headphones at all, so it is perfectly legal to wear headphones while driving (but is just as unsafe as leaving your music loud enough to overshadow emergency vehicles and vehicle horns). "In California, unless specifically permitted to do so by law (such as emergency vehicles, highway maintenance crews, earplugs to protect from injury, hearing aids, etc.), you are barred from wearing headphones on both ears."- From Wiki Answers
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