Dashboard cameras, commonly known as dash cams, have become a popular tool for drivers. Whether it’s to capture scenic drives, protect themselves in case of accidents, or even record events that might happen on the road, more and more drivers are using these devices.
However, if you’re considering using a dash cam in New York, it’s important to understand the state’s specific rules and regulations regarding their use. Let’s break down the laws that could impact how you use a dash cam in the Empire State.
Are Dash Cams Legal in New York?
In New York, there are no specific laws that directly regulate the use of dashboard cameras. However, just because a law doesn’t explicitly address something doesn’t mean it’s automatically legal.
Our legal experts have concluded that dash cams are legal in New York, but there are a few important things you need to keep in mind to stay compliant with state law.
1. Obstruction of Driver’s View
One of the most important considerations when installing a dash cam in New York is ensuring it doesn’t obstruct your view of the road. According to Section 1213 of New York’s Vehicle and Traffic Laws, no object can block the driver’s view of the road, especially through the windshield.
This includes things like air fresheners or hanging items from your rearview mirror, which can also result in a citation. Dash cams, if not properly installed, could fall under this category. For instance, if you attach a dash cam to your windshield in such a way that it obstructs your view, you could face a fine.
Penalties for obstructing your view can be severe, with a $150 fine for a first offense, along with $93 in state surcharge fees and 2 penalty points on your driving record.
To avoid violating this law, it’s best to mount your dash cam in a location that does not interfere with your view, such as in the corner on the passenger side of the windshield or behind the rearview mirror. You should also avoid blocking airbag deployment zones or the exterior rearview mirrors.
2. Wiretapping and Eavesdropping Laws
In some states, recording conversations without permission is a violation of privacy laws or even wiretapping laws. In New York, you can legally record conversations as long as you are a party to the conversation or if at least one person in the conversation is aware and gives consent. This is codified under New York Penal Law, Article 250.
For example, if you are having a conversation with someone inside your car, it is fine to record that conversation with their knowledge or consent. However, you cannot record conversations you are not part of without the other person’s consent, as this could be considered illegal wiretapping.
3. Recording Audio
While dash cams typically have video recording capabilities, many models also allow for audio recording. However, audio recording can get tricky under New York law.
The safest practice is to disable or mute the audio feature on your dash cam, especially when driving alone. This prevents any potential legal issues that might arise from recording conversations without consent.
If you plan to record audio, make sure you inform anyone in your vehicle that they are being recorded. If you’re leaving your car with a mechanic, for instance, and the camera continues recording, you must inform the mechanic or the service provider that they are being recorded.
Secretly recording conversations in this manner could lead to serious legal penalties.
4. Recording Video Footage
Recording video footage with a dash cam is not illegal in New York, as long as it’s done in a way that does not violate other people’s privacy. For instance, if your camera is focused on the road and surrounding area, you are generally not violating anyone’s privacy.
However, if you plan to post the footage online or share it publicly (such as on social media platforms like YouTube), it is highly recommended that you blur faces, license plates, and other identifiable details.
While you own the rights to the footage, failing to protect others’ privacy could result in legal issues, especially if the footage involves pedestrians, other drivers, or people who did not consent to being filmed.
5. Recording Police Officers
In New York, it is legal to record police officers during a traffic stop or other public interactions, as long as you do not interfere with their duties. This is supported by the First Amendment, which protects your right to record government officials while they are performing their official duties in public.
If a police officer asks you to stop recording, it’s advisable to comply, though you are not legally required to stop recording unless you are interfering with their work. Importantly, police officers cannot seize your footage without a warrant, and they cannot use your recordings to determine whether you have committed a traffic violation.
Best Practices for Using Dash Cams in New York
To make sure you are using your dash cam in a way that’s both legal and effective in New York, follow these best practices:
1. Proper Installation and Placement
Ensure that the dash cam is installed in a location where it does not obstruct your view. As mentioned, placing the camera behind or near the rearview mirror is the safest bet.
2. Limit Audio Recording
Disable audio recording unless you have explicit consent from those in your vehicle. If you need to record audio, inform passengers or anyone else who may be in the car.
3. Protect Privacy
If you plan to share footage publicly, make sure to blur any identifiable features such as faces, license plates, or private property. This will help protect others’ privacy and prevent potential legal issues.
4. Comply with Traffic Laws
Follow all traffic laws while using the dash cam, and make sure the camera doesn’t obstruct your view of the road or interfere with your driving in any way.
5. Use Dash Cams for Protection
Dash cams can be invaluable for protecting yourself in case of accidents or disputes. They can provide clear evidence of events, such as traffic violations or accidents, that can help settle insurance claims or legal matters.
In New York, dash cams are legal to use, but it’s crucial to ensure that their installation and use comply with state laws. Always avoid obstructing your view, be cautious with audio recording, and respect others’ privacy. With these guidelines, you can safely use a dash cam to protect yourself on the road without facing legal issues.
