In New York, dash cams are legal, but their use is subject to specific regulations regarding placement and audio recording. Below is a breakdown of the key considerations:
Dash Cam Placement
- Obstruction Rules: Dash cams must not obstruct the driver’s view of the road. Mounting on the dashboard or in specific areas of the windshield (e.g., near the rearview mirror or bottom right corner on the passenger side) is recommended.
- Airbag Interference: Dash cams must not interfere with airbag deployment.
- Stability: The device must be securely mounted to avoid distractions while driving.
Failure to comply with these placement rules can result in traffic violations.
Audio Recording Regulations
- Consent Requirements: Under New York Penal Law § 250.05, it is illegal to record conversations without the consent of all parties involved. This means that if your dash cam records audio, you must inform passengers and obtain their consent.
- Disabling Audio: If consent is not provided, it is advisable to disable the audio recording feature on your dash cam to avoid legal issues.
Use of Dash Cam Footage
- Admissibility in Court: Dash cam footage can be used as evidence in New York courts if it accurately depicts events and complies with legal requirements for recording.
- Limitations: Dash cams only capture what happens in front of the vehicle, so they may not provide comprehensive evidence in side or rear collisions.
Additional Considerations
- Insurance Benefits: Some insurance providers in New York offer discounts (e.g., 5% premium reduction) for vehicles equipped with operational dash cams that meet state regulations.
- Privacy Concerns: Dash cams should focus on the road and not target specific individuals or vehicles to avoid violating privacy laws.
By adhering to these guidelines, you can legally and effectively use a dash cam in New York while minimizing potential legal risks.
Sources
- https://porterprotects.com/why-should-new-york-drivers-own-a-dash-cam/
- https://www.douglasandlondon.com/car-accident-lawyers-nyc/can-dash-cam-video-be-used-as-evidence-in-new-york/
- https://legislation.nysenate.gov/pdf/bills/2025/A5004
- https://www.curanahlers.com/post/are-dash-cameras-legal-in-new-york
- https://matrackinc.com/dash-cam-laws-by-states/
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