Are Dash Cams Legal?
Dash cams are an excellent way to enhance vehicle security, provide evidence in accidents, and deter would-be criminals. But a common question arises: are dash cams legal? The answer depends on where you live, how you use the camera, and what features your dash cam has.
Surveillance Rules: Recording Conversations
One key legal concern is that many dash cams also record audio, potentially capturing conversations inside the vehicle. In most states, recording a conversation is legal as long as one person (you) consents. However, 12 states require all parties to consent before recording any conversation. These states are:
- California
- Connecticut
- Florida
- Illinois
- Maryland
- Massachusetts
- Michigan
- Montana
- Nevada
- New Hampshire
- Pennsylvania
- Washington
If you're in one of these states and your dash cam captures conversations without full consent, you could face fines, jail time, or the exclusion of these recordings as evidence in court. Always check local laws and make sure everyone in the car agrees to being recorded.
Recording Public Spaces: Road Footage and Privacy
Recording the road and your driving is legal in nearly every state and country, as this falls under sousveillance, which is recording something you’re part of. However, be aware of a few exceptions: for example, dash cams are illegal in Switzerland due to data privacy laws.
While recording public roads is generally fine, purposefully aiming your dash cam at someone's private property (such as a home) could be seen as an invasion of privacy and lead to legal issues. Stick to recording public areas and driving activities to stay safe.
Windshield Obstruction and Screen Laws
Dash cams must be mounted carefully to comply with local windshield obstruction laws. In about half of the U.S. states and Canadian provinces, you cannot mount anything on the windshield that obstructs the driver’s view. Some states allow dash cams on the windshield as long as they’re small—no more than 7 inches on the passenger side or 5 inches on the driver’s side.
To avoid issues, consider using a dashboard mount instead, which avoids obstructing your windshield.
Additionally, some states have laws against in-vehicle screens that could distract the driver. Many jurisdictions make exceptions for GPS devices and safety equipment, and since many dash cams offer GPS and backup camera features, they may be considered safety equipment. It’s always a good idea to check local regulations to confirm how dash cam screens are classified.
Stay Informed and Legal
Dash cams offer significant benefits for protecting your vehicle and providing valuable evidence in case of an incident. However, before installing one, be sure to check your local laws and regulations to ensure you’re in compliance. If you're unsure, consulting a legal professional familiar with your area’s rules is always a good idea.
By understanding the laws in your area, you can enjoy the peace of mind and security that a dash cam offers-without any legal worries.
Posted by Todd Morris on May 6th 2024