Are dash cams legal in all 50 states?

Dash Cams and the Law: What Drivers Need to Know

Imagine you’re driving down the highway when suddenly—bam!—a car sideswipes you and speeds off. Without a dash cam, proving what happened can be a nightmare. But if you have one, that little device on your windshield could be your best witness.

Dash cams are becoming increasingly popular for recording accidents, deterring fraud, and even capturing viral moments. But before you install one, it’s crucial to understand the legal landscape. Are dash cams legal in all 50 states? The short answer is mostly yes—but with some restrictions.

Let’s break down the laws, state-by-state nuances, and what you need to know to stay on the right side of the law.

Are Dash Cams Legal in Every State?

Yes, But With Conditions

Dash cams are legal in all 50 states, but some states have restrictions regarding where they can be placed and whether they can record audio. Most regulations focus on:

• Obstruction of view laws (where you can mount your dash cam)
• Two-party consent laws (whether recording audio without consent is allowed)

Understanding these rules can help you avoid fines—or even having your footage thrown out in court.

1. Windshield Obstruction Laws

Many states have laws against placing objects on the windshield that obstruct the driver’s view. Since dash cams typically mount to the windshield, some states require specific placement.

States With Strict Windshield Mounting Laws:

• California: Dash cams must be placed in a 7-inch square on the passenger side or 5-inch square on the driver’s side (California Vehicle Code § 26708).
• New Jersey: Dash cams must be mounted out of the driver’s line of sight.
• Minnesota: Windshield mounting is prohibited, but dash cams can be placed on the dashboard (Minnesota Statutes § 169.71).

Best Practice:

If you live in a state with windshield obstruction laws, consider mounting your dash cam on the dashboard or near the rearview mirror (if permitted).

2. Audio Recording Laws: One-Party vs. Two-Party Consent

Dash cams often record audio, but is it legal to record conversations in your car without the other person’s consent?

One-Party Consent States:

In most states, as long as one person (you) knows about the recording, it’s legal. These include Texas, New York, and Illinois.

Two-Party (All-Party) Consent States:

Some states require all parties in a conversation to consent to being recorded. If you record someone without their permission, you could be breaking wiretapping laws.

• California
• Florida
• Maryland
• Massachusetts
• Pennsylvania
• Washington

How to Stay Compliant:

If you live in a two-party consent state, you should either disable audio recording or clearly inform passengers they are being recorded.

3. Are Dash Cam Recordings Admissible in Court?

Yes! Dash cam footage is often accepted as evidence in accidents, traffic violations, and insurance disputes. However, footage obtained illegally (such as recording audio without consent) may be inadmissible.

To ensure your recordings hold up in court:

• Follow local laws on placement and recording.
• Keep original, unedited footage.
• Ensure timestamps and GPS data are enabled.

4. Can Employers and Rideshare Drivers Use Dash Cams?

For Commercial Vehicles:

Many trucking and ride-hailing companies require dash cams for safety and liability reasons. However, privacy laws apply when recording passengers.

• Uber & Lyft drivers: Must disclose dash cam use and follow state recording laws.
• Commercial truck drivers: Must ensure cameras do not obstruct the view and comply with company policies.

FAQs About Dash Cam Legality

1. Can I use my dash cam in a rental car?

Yes! But check rental agreements—some companies prohibit modifications, including mounting devices.

2. Is it illegal to record police with a dash cam?

Generally, no. Courts have ruled that recording public officials in public spaces is legal. However, be mindful of audio recording laws.

3. Can insurance companies deny claims based on dash cam footage?

Yes, if the footage implicates you or if it was obtained illegally (e.g., violating consent laws).

4. Do I need to inform passengers I have a dash cam?

Only in two-party consent states for audio. However, it’s good practice to disclose it.

5. Can police confiscate my dash cam?

Only with a warrant or under certain legal exceptions. Otherwise, your footage is your private property.

Final Thoughts: Should You Get a Dash Cam?

Absolutely—just be sure to follow state laws! A dash cam can protect you in accidents, prevent fraud, and provide peace of mind. Check your local laws, place it correctly, and record responsibly.

For the latest legal updates, visit the National Conference of State Legislatures or your state’s DMV website.