Gardai can now use their discretion to penalise cyclists wearing headphones under the new on the spot cycling fines system.
Minister for Transport and Sport Paschal Donohoe has said the recent introduction of on the spot fines for cyclists gives gardai the power to penalise those who wear headphones when riding.
Donohoe said while the new system did not create any new specific offence dealing with those who wear headphones, the ‘cycling without reasonable consideration’ provision could be applied.
It means members of the Garda now have discretion in deciding whether cyclists are putting their own safety and that of other road users at risk by using headphones.
And if gardai take the view the cyclist is using headphones in a manner that compromises road safety, they can be fined €40 under the fixed charge notice system introduced during the summer.
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“The use of headphones by cyclists is not a specific offence under road traffic legislation,” Minister Donohoe said.
“I have however made the offence of driving a pedal cycle without reasonable consideration a fixed charge offence.
“All road users have a responsibility to behave in a way which is conductive to their safety and that of other road users.
“A cyclist that puts themselves or other road users at risk, by the use of headphones for example, could be considered to be driving without reasonable consideration.
“The enforcement of this fixed charge offence would be a matter for An Garda Siochána.”
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He made his remarks when responding to Dail questions from Minister of State Kevin Humphreys TD (Lab), who said people were especially concerned about cyclists using headphones during rush hour.
"They set their earphones at such a volume that they are not aware of their environs," he added.
"This makes them a danger to themselves and to those around them, with possibly devastating consequences for all involved.”
However, the Dublin Cycling Campaign group disagreed, saying it was possible to cycle safely with headphones, once the cyclist is sure they are still aware of their surroundings.
It believes “the eyes are more critical than the ears”, pointing out that many cyclists wear ear muffs or woolly hats in winter, which cover the ears and muffle sounds.
“I know plenty of people who cycle with earphones on and they can still hear traffic while listening to music or drive-time radio,” said campaign chairman Keith Byrne.
“Someone can legally drive while talking on their phone with their headsets plugged in. You could argue this caused the same level of distraction.”
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