The first thing that fleets need to consider is the state-specific laws around privacy and recording. People in private places have reasonable expectations of privacy, and if they are not informed that their vehicle is being recorded (and given consent), this could be considered wiretapping or illegal recording.
For example, anything mounted to a windshield in Colorado can’t obstruct the driver’s view. Anything that’s non-transparent is also prohibited.
Colorado
In Colorado, dashcams are legal, but you should be careful about how and where you mount them. State vehicle and traffic laws prohibit materials that obstruct the windshield or could reflect sunlight or glare toward other cars or drivers. In addition, you must legally obtain consent from other occupants before recording their voices. Your dashcam could violate state and federal privacy and wiretapping laws if you’re not careful.
Many states have clear guidelines about the use of , but a few have ambiguous regulations. Some of these states have laws against anything that obstructs the driver’s view, while others have specific instructions about the placement of cameras. These state-specific rules can impact the ability of the camera to record accurately, especially in poor driving conditions.
For example, Arkansas law requires that dashboard cams don’t block the driver’s view of the road. However, the camera can be mounted in the corner of the windshield closest to the driver, so long as it doesn’t occupy more than seven square inches. It can also be affixed to the rearview mirror, as long as it isn’t blocking the driver’s view.
New York allows dashcams as long as they don’t obstruct the driver’s view and aren’t visible to other motorists. In addition, the state encourages drivers to use dashcams because they provide valuable evidence in resolving traffic accidents. The state’s insurance premium discount for vehicles with working dashcams is 5%. If police want to see the footage from your dashcam, they can ask for a subpoena. Failure to comply can result in fines and other penalties. If the request is informal, you should consider hiring a lawyer to help you avoid fines or other penalties.
Connecticut
In Connecticut, Dashcams can legally be used as long as they do not invade any privacy laws. However, the law does state that a person’s privacy may be violated by recording them in a public place without their consent. This can include recording audio conversations of a private nature. For this reason, it is best for trucking companies to make sure that they only record what happens inside their vehicles in the presence of passengers who have agreed to allow the recordings to be made.
Like many states, Colorado has no specific dashcam laws. But it does say that any device on a vehicle must not interfere with the driver’s line of vision. This is why it’s important to ensure that your company’s drivers don’t mount the devices on the windshield in a way that will obstruct their view. Instead, it’s better to mount the devices on the dashboards of your vehicles.
A person operating a motor vehicle in the District of Columbia is prohibited from driving with a non-transparent object on their front windshield, side windows, or rear window, and this includes dashcams. To stay legal, the devices must be mounted on the dashboard of the vehicle, and a placard or label must be attached that says it records audio for safety purposes.
While New York does not have a specific dashcam law, its wiretapping and privacy laws could prevent the use of Dashcams in legal cases involving police officers. To keep this from happening, your company should always have the latest version of its BWC system and train its drivers in how to operate it correctly. In addition, you should encourage your drivers to disclose the existence of Dashcams to any passenger in their vehicles and make sure that they are aware of the fact that their conversations are being recorded.
Delaware
Dashcams are legal in all 50 states as long as they don’t obstruct a driver’s view. They can be placed on the dashboard or rear window as long as they’re not metallic or have reflective surfaces that would block sunlight from the camera lens. It is recommended that drivers not actively operate the dashcam while driving to avoid distracted driving. If a dashcam is recording audio, it may violate state laws on two-party consent or privacy. It is important to check your state’s rules for specifics on recording laws.
In Nevada, dashcams can only be affixed to the bottom corner of the windshield on the passenger side or on the dashboard. They can’t be positioned anywhere else on the windshield because it could obstruct visibility. The state also requires a warning to be displayed on the camera to notify other motorists that it is recording them.
Montana legislation requires clear front windshields, so any non-transparent material mounted on the front windshield is against the law. Instead, drivers should mount their dashcams on the windshield or the dashboard to prevent obscuring visibility.
The District of Columbia requires drivers to have the permission of passengers for audio recordings in their vehicles. In addition, drivers are not allowed to mount anything on the front windshield or any other vehicle glass that’s not transparent. Dashcams can be a great tool to help reduce car accidents, but it’s critical to understand how your dashcams are being used before you get behind the wheel. Murphy Law Firm can help you decide how to best use your dashcam footage. Contact us today to see how we can help you!
Washington D.C.
Dashcam footage is usually admissible in court, provided that it is directly related to a case. It can be used to prove that a driver did not commit a traffic violation or that someone’s account of an accident is faulty. It can also show that a vehicle’s passengers were not being distracted while driving or talking on the phone. It can even prove that a vehicle was not speeding or running red lights.
However, it is important to note that some states have restrictions on how dashcams can be used and where they can be mounted. For example, in Louisiana, it is against the law to operate a vehicle with anything that obstructs the driver’s “clear view” through the windshield or side wings and side or rear windows. This includes dashcams, so drivers should mount them on their dashboards or behind rearview mirrors to stay in compliance.
Maine, on the other hand, allows drivers to use dashcams if they are not attached to or on any part of the front windshield, wings, or side or rear windows. The state also exempts “required or supplied vehicle equipment,” which could include dashcams in certain situations.
In Kansas, dashcams are legal if they do not “substantially obstruct” the driver’s view. In Kentucky, dashcams are legal as long as they do not block the windshield or the area cleaned by a vehicle’s windshield wipers.
New York encourages drivers to use dashcams and has a program that offers 5% auto insurance premium discounts for vehicles equipped with dashboard cameras. However, the device cannot be mounted on the windshield in any way. In addition, the state’s privacy laws prohibit recording any person not consenting to be recorded.
Virginia
In most states, dashcam footage is admissible in court if it doesn’t obstruct the driver’s view. However, many states have specific laws on mounting devices in vehicles. Many prohibit anything that’s not fully transparent from being mounted on a windshield, while others have strict rules around recording other people without their consent or in their homes or private businesses.
The legality of Dashcams also depends on how they’re configured. If a camera records audio, drivers in certain states may need to get consent from all passengers (unless they disable the audio recording feature). It’s important to know which state your fleet operates in, so you can educate your team on how to comply with local regulations.
To avoid legal issues, make sure your cameras are properly mounted and don’t obstruct the driver’s line of sight while driving or parked. Additionally, you should include a reminder to drivers in your onboarding process that they’ll be recorded while driving. This way, they’ll be aware that the vehicle is equipped with dashcams and will be less likely to forget to turn them off at home.
Dashcams are completely legal in all 50 states, but it’s important to understand each state’s unique regulations before implementing them in your fleet. Generally, you can mount them on your windshield if they’re not too large or don’t record audio. You can also put them on the dashboards of your vehicles, as long as they’re out of the drivers’ line of sight while driving. The most important thing is to adhere to all state regulations so that you can stay safe on the road. Then, you can focus on providing your drivers with a great service.