Years ago a motorcyclist was fined by the police, according to this article:
The General Driving Regulations states in Article 18:
“Driving using earphones or headphones connected to receiving devices or sound players is prohibited.” (The fine is 200 Euro and 3 points off of your licence).
However, a court in Zaragoza ruled in favor of a motorcyclist who had been fined for carrying and using intercoms. The sentence reads:
“The intercoms are small headphones that are placed on the helmet, not on the ears, but across them. This seems to lead us to conclude that we are talking about headphones, and therefore the law is violated, but the fact is that the difference between a speaker and headset is not the shape or size, but the form of use, since headphones are in contact with the inner part of the ear, blocking the ear, which can prevent or greatly hinder the reception of other noises, covered by the earpiece.
Therefore, as intercoms are not inserted in ear, they are more of a speaker since they are not placed directly in the ear itself, which could have a limiting effect on the perception of external noise, and therefore are similar to a speaker inside of a car.
Hence, we could say that once the intercom is integrated into the helmet, it becomes LEGAL.
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(Article translated by David Ruiz from http://torreviejatranslation.com/ )