Dash Cam Surveillance Legality: What You Need To Know

Dash cams are legal in the US, but there are restrictions on installation and placement that vary from state to state. The most common restriction is that the dash cam cannot obstruct the driver's vision through the windshield.

In some states, it is illegal to mount a dash cam on the windshield, and they must be placed on the dashboard or behind the rearview mirror. Some states also specify the size of the dash cam and where it can be placed on the windshield or dashboard.

There are also laws regarding audio recording and filming on private property. In some states, all parties in a vehicle must consent to audio recording, while in others, only one party needs to consent. It is generally illegal to record footage while trespassing on private property.

It is important to check the specific laws in your state before installing a dash cam to ensure compliance with all relevant regulations.

Obstructed View: Most states have laws prohibiting the obstruction of the driver's view

While dash cams are generally legal in the US, there are varying state-specific laws regarding their installation and placement. The most common restriction across states is that dash cams cannot obstruct the driver's vision through the windshield.

Obstruction Restrictions by State

No Windshield-Mounted Dash Cams

In most states, mounting a dashcam or any other device on the windshield is illegal. These states include:

• Alabama
• Arkansas
• Connecticut
• Delaware
• Florida
• Georgia
• Idaho
• Iowa
• Kansas
• Kentucky
• Louisiana
• Massachusetts
• Michigan
• Mississippi
• Montana
• Nebraska
• New Hampshire
• New Jersey
• Maine
• New Mexico
• New York
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

Specific Obstruction Restrictions

Some states allow dash cams to be mounted on the windshield but have specific restrictions on the size and placement of the device. These states include:

• Alaska: Devices must be smaller than five square inches on the driver's side or seven square inches on the passenger side.
• Arizona: Cameras must be mounted in the lower corner of the windshield and take up no more than five square inches.
• California: Devices must be smaller than five inches in the top middle of the windshield or seven inches in the lower half corners.
• Colorado: Dash cams cannot cause a distraction to other drivers by reflecting glare.
• Hawaii: Dash cams must be installed in the top or bottom corners of the windshield and must not take up more than five square inches.
• Illinois: Dash cams must be placed on the left side of the dashboard and cannot block more than five square inches of the windshield.
• Indiana: Dash cams must be smaller than four square inches and placed in the lower corner of the windshield on the passenger side.
• Maryland: Dash cams must be installed above the AS-1 line, within five inches of the top, or within a seven-inch square in the bottom corner.
• Minnesota: Dash cams can only be mounted behind or very close to the rearview mirror.
• Nevada: Dash cams must be installed in the bottom corner on the passenger side or anywhere on the dashboard.
• Utah: Dash cams can be mounted within four inches of the top of the window, in the bottom driver's side corner, on the dashboard, or on the rear windows.
• Vermont: Dash cams can be mounted on the passenger's lower corner if they are smaller than four inches vertically and 12 inches horizontally or on the driver's upper corner if they are smaller than two inches vertically and two and a half inches horizontally.

No Restrictions

A few states have no laws or restrictions mentioned regarding windshield obstructions:

• Missouri
• North Carolina

Avoiding Obstruction Tickets

To avoid obstruction tickets, it is recommended to use discreet cameras and mount the dash cam on the small area behind the rearview mirror.

Electronic Surveillance: Federal laws prohibit surreptitious audio recordings without the consent of all participants

The use of dashcams in vehicles is subject to varying laws and regulations, particularly concerning electronic surveillance and audio recordings. While there are no federal laws against dashcams in the United States, federal laws prohibit surreptitious audio recordings without the consent of all participants. This means that if a dashcam records a conversation within a vehicle without the knowledge of all occupants, it may violate federal law.

To comply with federal law and respect the privacy of passengers, it is essential to inform all occupants of the vehicle that a dashcam is in use and that it may record audio. This disclosure ensures that everyone in the vehicle is aware of the recording and has provided implicit consent. Alternatively, individuals can choose to disable audio recording functionality or purchase a dashcam without audio recording capabilities.

It is worth noting that different states have varying laws and regulations regarding audio recordings. While some states require the consent of all parties, others only need the consent of one party involved in the conversation. Additionally, there may be specific exceptions or circumstances where consent is not required, such as in public places or when there is no reasonable expectation of privacy. Therefore, it is crucial to review the specific laws and regulations of your state to ensure compliance.

The legality of dashcams also extends beyond audio recordings. Many states have laws regarding the placement of dashcams to prevent obstructed views. These laws often restrict the size and location of dashcams to ensure they do not block the driver's view of the road. As such, it is important to be mindful of the relevant laws when installing a dashcam to avoid legal issues and ensure safe driving conditions.

Airbag Obstruction: Some states prohibit dash cams from obstructing airbags

While dash cams are legal in the US, some states have specific laws regarding their placement in relation to airbags. In California, dash cams must be smaller than five inches on the top middle of the windshield or seven inches on the lower-half corners, and they must not interfere with any airbags.

Some people choose to run their dash cam wires behind the airbags in the A-pillars to avoid impeding airbag deployment in the event of an accident. However, this can be a complicated process, as it requires removing the A-pillar trim to access the airbags and other wiring. If the wires are not properly secured, they could become projectiles during an accident.

To avoid any issues, it is recommended to consult a professional installer or to carefully research the specific laws and guidelines for your state. Running the wires along the top of the windshield and taping them to the existing wiring down the A-column is generally considered a safe option.

Distracted Driving: In some states, dash cams cannot be in the driver's line of sight

While dash cams are legal in most U.S. states, there are varying restrictions on their placement to prevent distracted driving. In some states, dash cams cannot be in the driver's line of sight, and must be mounted in specific locations to avoid blocking the driver's view.

In Alaska, Arizona, California, Indiana, and Utah, dash cams must be mounted in specific locations on the windshield, with size limitations to prevent obstruction of the driver's view. In other states, such as Arkansas, Connecticut, Idaho, Iowa, Kansas, Louisiana, Maine, Mississippi, Montana, Nebraska, New Mexico, North Dakota, Ohio, Oklahoma, Rhode Island, South Carolina, Tennessee, Texas, Vermont, West Virginia, and Wyoming, dash cams are prohibited from being mounted on the windshield to avoid obstructing the driver's view.

To avoid distracted driving, some states require dash cams to be mounted on the dashboard or behind the rearview mirror. For example, in Nevada, dash cams can be mounted on the bottom corner of the passenger side windshield or anywhere on the dashboard. Similarly, in New York, dash cams are encouraged but must be installed on the dashboard instead of the windshield to avoid obstructing the driver's view.

It is important to note that laws regarding dash cam placement may vary by state, and it is the driver's responsibility to comply with the specific regulations in their state.

Border Crossings: Permission from US Customs & Border Protection Officers is required to film at border crossings

Dash cams are legal in the US, but there are wiretapping laws and privacy laws that you need to be aware of. One concern many dash cam owners have is whether or not they are allowed to use their device at border crossings.

Permission from US Customs & Border Protection Officers is required to film at border crossings. This is due to the U.S. General Services Administration (GSA) and its Rules & Regulations Governing Conduct on Federal Property. This means that you will need permission from US Customs & Border Protection Officers to keep your dash cam on and filming when you are crossing the border on the American side.

However, this does not mean that filming at the border is entirely prohibited. In a landmark settlement in 2020, the federal government was forced to concede that there is no border exception to the First Amendment right to record. This means that members of the public have a right to record and capture law enforcement abuses they might see at a land port of entry in real time, without worrying about needing the government's prior consent.

This right to record is critical for holding law enforcement, especially CBP officials, accountable for abuses at the border. In the past, CBP officials would threaten, harass, and assault people who took photographs or recordings of law enforcement activity in public view in outdoor and unrestricted areas near the border.

It is important to note that this right to record only applies to publicly accessible areas at land ports of entry in the United States. Restricted Access Areas, which include indoor areas or areas only accessible when crossing the border, may have different rules and regulations regarding filming and photography.

In summary, while permission from US Customs & Border Protection Officers is generally required to film at border crossings, there are exceptions to this rule. The right to record in publicly accessible areas at land ports of entry is protected by the First Amendment and plays a crucial role in holding law enforcement accountable.

Frequently asked questions