Helmet Intercom Systems: Are They Legal?

The use of helmet intercom systems by motorcyclists is an issue that has long raised controversy in the legal world. There are many video-documented cases where traffic officers stop and fine riders simply for having intercom devices installed on their helmets.

Notice the wording carefully: “for having them”, because as far as we know, no one has actually been fined for actively using them. This subtle but very important distinction creates confusion for everyone involved, since the law does not penalize the installation of intercom systems, but rather their use, something extremely difficult to verify while riding.

The Spanish Traffic Code explains this in Article 11.3:

“It is forbidden to drive while using helmets or headphones connected to sound reception or reproduction devices, except during open-road aptitude tests for obtaining a driving license under conditions established by law. The use while driving of mobile phones or any other means or communication system is prohibited, except when communication takes place without using the hands and without using helmets, headphones or similar instruments. This prohibition does not apply to law enforcement officers while performing their duties. Additional exceptions may be established by regulation.”

This legal grey area is what has allowed many drivers to successfully appeal fines issued under these circumstances.

The final line of the paragraph, where it states that “additional exceptions may be established…”, leaves the door open for future legalization. The Spanish Traffic Authority announced at the end of 2019 its intention to regulate helmet intercom systems officially before the summer of 2020.

However, the reality is that to this day there has been no clear update or confirmed legal change.

When properly integrated and installed, intercom systems offer advantages such as communication with a passenger, making journeys more pleasant and helping to prevent unusual or dangerous situations during riding.

Of course, the risk of distraction exists, but we should also consider that driving a car often involves even more distractions—music, radio, and passengers talking beside the driver—yet no one suggests banning those practices.

For now, we are still waiting for clearer regulations and hoping that the second half of 2020 will bring more concrete legal developments.