Dash cams are everywhere these days — from rideshare cars to personal vehicles. They’re useful for providing evidence in crashes, helping with insurance claims, or just recording weird road behavior. But while dash cams are legal in all 50 U.S. states, how you use them (where you mount them, whether you record audio, privacy concerns, etc.) is governed by state law — and those laws vary quite a bit. Use this guide to understand what the rules are in your state (or states you drive through), so you stay compliant.
Dash Cam Laws by State in the U.S.: What You Need to Know
Key Legal Issues to Watch Out For
Before getting into state-by-state details, there are several recurring legal themes:
- Mounting / windshield obstruction: Many states limit where you can mount a dash cam (dashboard vs. windshield), how big it can be, and whether it obstructs your view.
- Audio recording / consent: Federal law allows one-party audio consent, but many states require all-party consent for audio recording inside the vehicle.
- Privacy / surveillance concerns: Recording on private property, in private conversations, or including people who haven’t consented may raise legal issues.
- Admissibility of footage: For footage to be valid in court or insurance claims, chain of custody, timestamps, clarity of view, etc., may matter.
- Variation across states: Because laws differ, what’s allowed in one state may be prohibited in a neighboring one.
Are Dash Cams Illegal?
No, dash cams are not illegal in most countries, including the U.S., U.K., Canada, and many parts of Europe. In fact, they are encouraged because they provide evidence in case of accidents, theft, or disputes.
However, there are laws and restrictions you should know about, depending on your country or state:
1. Windshield Mounting Laws
- Some states (like California and Minnesota) in the U.S. have strict rules about where you can mount a dash cam on your windshield.
- Placing it in a way that obstructs the driver’s view can lead to fines.
2. Privacy Laws
- In countries like Germany, Austria, and Switzerland, continuous recording may conflict with data privacy laws (GDPR). Some require that footage is only used for personal evidence and not for public sharing.
- In the U.S. and Canada, recording public roads is usually fine, but recording inside the cabin with audio can raise consent issues (since many states have “two-party consent” laws for audio recording).
3. Usage in Court
- In most places, dash cam footage is admissible in court as evidence, but if it was recorded illegally (e.g., violating privacy laws), it might be rejected.
Bottom line: Dash cams themselves are legal almost everywhere, but where you place them and how you use the recordings matters.
States Requiring All-Party Consent for Audio Recording
In about a dozen states, you must have everyone’s consent to record audio inside a car. These include:
Connecticut, California, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington.
In all other states, a one-party consent rule usually applies (i.e. if the driver knows/consents, that may be enough). Always double-check if passengers or others must be notified.
State-by-State Overview
Here’s a summary of how rules vary across several states. This is not exhaustive but covers many common variations. Always check your specific state code or consult a legal professional for the most current rules.
| State | Mounting / Windshield Restrictions | Audio Consent | Other Notes |
|---|---|---|---|
| California | Must not obstruct view. Dash cams may be mounted in a 7-inch square in the lower corner of windshield farthest from driver, a 5-inch square in lower corner of driver’s side windshield, or a 5-inch square in the center upper interior. | All-party consent required for audio. | Footage usually admissible if installation & recording comply. |
| Arizona | Strict limits: e.g. ≤ 5 square inches on driver’s side, ≤ 7 sq in on passenger side. Must avoid obstruction of view. | One-party consent typically sufficient. | Camera placement regulated; also side and rear windows sometimes addressed. |
| Illinois | Can mount dash cam if it does not obstruct view. If on driver’s side windshield, may be size limited. | All-party consent for audio. | Illinois also has privacy rules; also careful when recording law enforcement. |
| Indiana | Must be placed in bottom corner of the windshield on passenger side; size limits apply (e.g. about 4-inch square). | One-party consent. | Important to not obstruct driver’s view. |
| Nevada | If mounted on windshield, must be in lower corner farthest from driver; or place on dashboard. Size limits may apply. | All-party consent for audio. | Dash cam footage often accepted as evidence if installation compliant. |
| Texas | Must avoid obstruction of view; mounting on windshield often scrutinized; dashboard may be safer. | One-party consent generally. | Laws focus more on obstruction than specific dash cam rules. |
| New Jersey | Non-transparent objects on the front windshield (or side windows) are often prohibited; prefer dashboard placement. | One-party consent (unless state or case law says otherwise) | Some local ordinances may add extra restrictions. |
Are Dash Cameras Legal In New York?
Yes — dash cams are legal in New York State, but there are rules you should follow to avoid issues. Here’s a summary of what the laws and legal experts say:
What’s Allowed
- You can use a dash cam to record video of the road. The footage is generally admissible in court for accidents or insurance claims, as long as it was legally obtained, relevant, and can be authenticated. (Douglas & London)
- New York’s wiretapping/eavesdropping law works on a “one-party consent” basis: you can record audio if you (as the person behind the camera) are part of the conversation. You should get consent from others if they’ll be recorded.
Important Restrictions & Best Practices
- Don’t obstruct your view of the road. New York Vehicle and Traffic Law § 375(30) prohibits anything placed on the windshield that obstructs the driver’s view. A dash cam might violate this if mounted in a way that blocks line of sight.
- Placement suggestions:
- Mount behind the rearview mirror (where it’s less likely to block visibility) or somewhere on the dashboard.
- Avoid hanging it from the mirror or putting it in a way that interferes with airbag deployment or other safety features.
- Audio recording caution: If your dash cam records audio inside the car, you should inform passengers or disable the audio feature if consent is not given. Recording private conversations without consent could violate New York Penal Law § 250.05.
Where Can I Mount a Car Camera in California?
In California, dash cams are legal, but where you mount them is strictly regulated under California Vehicle Code §26708. Here’s what the law allows:
Legal Dash Cam Mounting Locations in California
- Top Center of the Windshield (behind the rearview mirror)
- Must be within the 7-inch square area in the upper center of the windshield.
- Keeps the camera out of your main field of vision.
- Lower Corner of the Passenger Side Windshield
- Must be within a 7-inch square area in the bottom right corner.
- Lower Corner of the Driver’s Side Windshield
- Must be within a 5-inch square area in the bottom left corner.
Other Rules to Know
- The dash cam cannot obstruct your clear view of the road.
- It must be securely mounted (not loosely placed).
- If it records audio, California is a two-party consent state — you must inform passengers that they are being recorded.
Best practice: Mount your dash cam behind the rearview mirror, inside the 7-inch allowance zone. This placement is legal, discreet, and provides the best road coverage.
General Tips for Being Compliant and Avoiding Problems
- Check your state motor vehicle code: Laws can change; what was legal a few years ago may no longer be.
- Mount it where your vision isn’t blocked: Behind the rearview mirror, on the dashboard, or in the lower corner of the windshield (if allowed) are usually safer choices.
- Turn off or disable audio recording where required: If you’re in an all-party consent state, either mute the mic or make sure everyone knows.
- Notify passengers if you’re recording audio: Even if not required by law, it’s courteous and can prevent legal issues.
- Document your device’s timestamp / settings: For footage to be useful in court or insurance, you may need clear timestamps, GPS if applicable, unaltered video, etc.
- Respect privacy: Avoid recording in private spaces without consent (e.g. inside private property, people in their homes).
- For fleets or interstate travel: Follow the strictest laws among all states in your route to avoid being in violation somewhere.
Frequently Asked Questions (FAQs)
- Is dash cam footage admissible in court?
Generally yes, provided the footage was obtained legally (no unlawful recordings, no obstruction, audio consent where required), and that its authenticity can be established (timestamps, unaltered files, etc.). - Can police seize my dash cam footage?
Possibly, if there is a warrant or during an investigation. Laws differ, and constitutional protections apply. Deleting footage could also cause legal issues. - Is it legal to use a phone instead of a dedicated dash cam?
Most of the same rules apply regardless of device: mounting, obstruction, audio recording, etc. If phone use violates “no devices on windshield” type laws or causes obstruction, you could run into trouble. - What about recording inside the car (e.g., rideshare, private vehicle)?
That’s more sensitive. Audio recording often requires consent; video recording may raise privacy issues, especially for passengers unaware or in private settings.
Conclusion
Dash cams are a powerful tool — for safety, legal protection, and peace of mind — but only if used properly. Since U.S. states have different laws around mounting, audio consent, and privacy, it’s important you:
- Understand the laws in your state,
- Choose compliant mounting and settings,
- Get consent for audio when needed, and
- Preserve footage properly.
If you drive through multiple states or manage a fleet, aim to comply with the strictest applicable laws to avoid issues.