California’s Laws with Dash Cameras
The use of dash cameras (also sometimes called dash cam cameras, dash board cameras or car cameras) is becoming more and more popular among California drivers. But it is important to understand the laws and rules governing their use. In short, they are legal (and, ironically, may even help you avoid a traffic violation), and are likely to be even more widely used as people become comfortable with their use.
Like most technologies, however, many people want to know if there are any restrictions on their use before they begin using them. There are no rules exclusive to California regarding the use of dash cameras. But California Vehicle Code ("CVC") section 26708 governs restrictions on items that may be placed on the dashboard or windshields of vehicles. The CVC states (and note, here we will use dash camera as the term, but most rules would apply equally to cameras of other kinds placed on dashboards or windshields):
CVC Section 26708. Driving Restrictions: Restrictions on Mirrors, Lights or Other Obstructions.
(a) A driver of a motor vehicle shall not drive with any object or material placed, displayed, installed, or affixed in or upon the motor vehicle so as to obstruct or reduce the driver’s clear view through the windshield or any window.
(b) Subdivision (a) does not apply to any:
- (1) Device for an electrically operated window.
- (2) Sun screen or other material conforming to Section 26708.5 or 26708.6.
- (3) Device or mechanism of a type approved by the Department of Motor Vehicles for the purpose of displaying information required by law to be shown to a law enforcement officer.
- (4) Audio Visual Navigation Display System that is mounted directly to the motor vehicle windshield in accordance with requirements established by the Department of Highway Patrol. This system may include a video display screen for visual information and must be located in a location along the uppermost edge of the windshield behind the rearview mirror and dimensioned such that it does not obscure the driver’s clear view of the road; provided, however, that this display screen may contain a video image unrelated to driving only with the transmission in park and the parking brake engaged, and that this video image must be immediately extinguished when driving is resumed.
As you can see, dash cameras do not appear to run afoul of CVC Section 26708 and should be legal in California under these provisions. Indeed, after a bit of research , I have not found any cases or other discussion of this issue before, so it seems from the information available that dash cameras are legal in California under CVC Section 26708. Apparently surprised by the extensive use of dash cameras by the average citizen and apparently unaware of the lack of case law on the subject, at least one attorney, Mr. Darrell Roberts, wrote an article a few years ago in search of dash camera law in California. He concluded, due to the lack of cases, that the legality was unclear.
But, in light of the above analysis by this author of CVC Section 26708, it is clear that dash cameras should be legal in California. Indeed, as noted above, the average citizen is using them with this knowledge. Also, in fact, very few courts have found that other types of cameras are illegal, even dash board cameras that may block larger areas of the windshield. In California, police cars often have dashboard cameras and mounted cameras to record speed and other information. Police cars also have dash cameras similar to red light cameras. Some cameras that look very similar to police cameras have been banned under other provisions of the CVC, but those cameras were designed for a different purpose and the legislature determined several years ago that they were not reliable and might capture situations they were not intended to capture. But dash cameras, unlike those traffic cameras, are legal.
I should also add that, while most people expect the police to enforce the law uniformly in California, police often demonstrate bias toward their own use of a particular technology while banning the same technology when used by the average citizen. And some are concerned that the fact that police officers have dash cameras and are allowed to use certain technologies while an officer might ticket a citizen for similar or identical conduct may tend to demonstrate unlawful discrimination in the enforcement of the law, which could also be a violation of constitutional principles and perhaps even California law (for instance, based on Government Code Section 3506.5, which bars interference with lawful conduct). However, this concern should not impact the legality of the use of dash cameras in California, since they are not illegal.
Dash cameras seem to be becoming commonplace on the highway, so questions about their legality and other issues are bound to arise. Hopefully, though, the answers will allow their continued use.
Privacy Benefits with Your Dash Camera
Using a dash camera is beneficial in the following ways:
Increased Safety for Drivers
Having a dash camera can improve driver safety and decrease the chance of an accident. For example, if a driver causes an accident, the video evidence can be used to show how the incident happened and who caused it. It also can be used in self-defense cases by showing what really occurred. Conversely, if a driver is accused of causing an accident, the video can be used as evidence in court to show that he or she did not do anything wrong. The overall result of having a dash camera is that they help drivers avoid accidents and avoid any potential finger-pointing that might put them at fault.
Preventing Fraud
The insurance industry is prey to many fraudulent insurance claims for car accidents. Somebody who is looking to defraud an insurance company can fabricate an accident by deliberately running into an innocent person or blaming the accident on them when in fact they did nothing wrong. Having a dash camera records the accident as it happens, so insurance companies can use the evidence to get to the truth.
Monitoring Driver Behavior
Having a dash camera can be helpful in monitoring driver behavior, particularly in a fleet of trucks. For example, if you have an employee engaged in driving recklessly, it can be difficult to monitor their behavior and correct it before an accident occurs. Having a dash camera can allow the manager to monitor the video and, with proper notice, discipline the offending employee.
Dash Cameras and Californian Privacy Laws
California’s privacy laws can directly impact the use of dash cameras in your vehicle. Audio recording may be included with all of the video, and whether or not you will be filming people or private property could have legal implications for their use.
California Penal Code Section 632 makes it illegal to intentionally use an electronic amplifier or recording device to "eavesdrop" on confidential communications that take place in "a private place" and where you don’t have the consent of all parties to the conversation.
For our purposes, law enforcement officers would likely consider every audio recording made with a dashcam to be a "confidential communication." As a result, if you were to record a traffic stop but didn’t get consent from the officer to record the conversation, you technically would have violated California Penal Code Section 632.
A loophole in California law does provide dash camera owners with some guidance on this issue, however. Since dash cameras usually record audio that’s intended for the court and for police officers only (but not to be shared with the public), this would mean dash camera users do not need to get permission from law enforcement officers before recording their voices.
Video privacy, however, is another matter entirely. In the famous Police Officer Involved Shooting video, the officer’s body camera recorded the shooting of an unarmed African American man by a white officer. The video footage was then later released by the Camarillo Police Department and spread throughout the Internet. While many people agreed it was important for the public to know what really happened in this incident, it didn’t take away from the fact that the video recordings should have been kept as private material and only distributed to the people who actually needed it.
This law would mean that any videos you record of people on the road (as in tailgating or when a car pulls up next to you while you’re driving) and any videos you might record of people’s homes or places of business (and really, any other private places) would be potentially illegal if distributed to the public.
Installing Dash Cameras Legally in California
When deciding on where to install a dash camera, placement is crucial. Not only does placement impact the effectiveness of the camera, but there also are legal implications when it comes to privacy. For example, if a camera is placed on the windshield and utilized to record activities inside a vehicle, the camera may violate any reasonable expectation of privacy laws. California law does not specifically define "reasonable expectation of privacy," however, California case law does.
In People v. Duran, the California Court of Appeals stated that an individual enjoys a "reasonable expectation of privacy" in his or her own home. However, the court did not consider whether there was a reasonable expectation of privacy outside of one’s house .
As such, it is important to keep the following in mind when installing a dash camera:
Overall, California’s recording laws have been shaped more through the courts than legislation. In the past, case law has determined what constitutes a reasonable expectation of privacy, which in turn has shaped privacy laws. Currently, California courts have not determined whether there is a reasonable expectation of privacy in outdoor private settings. So, while there is no specific case law that applies to the installation of dash cameras, it is important to ensure that you are compliant with California law when determining where to install your dash camera when necessary.
Penalties of Using Dash Cameras Illegally in California
Violating California Vehicle Code section 26708 by using or installing an illegal dash camera can lead to a number of penalties. These can include:
Civil penalty: VC 26708 provides that a violation of the statute is an infraction with potential consequences of a fine of up to $250. Transfer of vehicle registration: VC 26708(d) states that if the owner of a vehicle was found to have violated the subsection containing the illegal dash camera prohibition, the car will not be allowed to receive any new or renewal certificate of vehicle registration until the owner signs a written statement that the offending items have been removed from the car.
Unfortunately, DOJ has been inconsistent in the application of this little known traffic law. Some DMV offices will flag a vehicle record for dash camera violations but others may not.
Determining the Right Dash Camera for Legality
When it comes to selecting a dash camera that complies with California’s legal requirements, it is important to look for features that will help you avoid inadvertently recording sound that violates the California wiretapping laws. While these vary slightly depending on the jurisdiction, a good rule of thumb is to look for a camera that has the following features:
- On/off button for audio: Some high-end models have an option for muting the microphone, allowing you to turn the audio on or off. It is also best to speak only in a quiet voice if you choose a model that only has an audio on/off switch. Other users can set the camera to mute while they are in private or don’t want audio captured, but you cannot make that choice for other drivers or users of your car. Any time you cannot turn the dash camera microphone off, it is important to remember to use a low-volume and neutral tone when speaking (e.g. "I think my foot slipped").
- Off/saving mode: When a camera is turned on but in the saving mode, it will save a video clip when it senses G-force or a sudden jolt. These cameras will only capture audio when the camera is recording . Cameras that automatically loop may record anyway. Be sure to do your research before buying to know which model offers what features.
- Longer recording times Typically, dash cameras overwrite video once the memory is full, but when sensors are triggered, these cameras will save recorded video clips for later review.
- Privacy indicators: Privacy indicators are lights on the camera that notify people when the dash camera is recording. This will let you know when you may want to mute the microphone if possible.
- Automatic time/date stamp: Dash cameras with this feature can provide more accurate records for insurance claims, court processes and police investigations.
- Dashboard cam is securely suction-cupped to the windshield: Attaching equipment to the dashboard is the best way to prevent someone from tampering with the camera while you’re away from your vehicle, but best practice is to place it all the way behind the rear-view mirror. If a witness is left within reach of the camera, he or she could mess with the device and alter evidence from an incident. Furthermore, no part of a camera should block your view when you are driving.