Dash cams are legal in Massachusetts, but there are strict rules regarding how and where they can be installed and used.
Mounting Requirements
- Windshield Mounting Is Illegal:Â Massachusetts law prohibits mounting dash cams on the windshield. Dash cams must be mounted on the dashboard or behind the rearview mirror, provided they do not obstruct the driver’s view.
- Obstruction: Any device that blocks the driver’s clear view through the windshield is not allowed. Mounting on the dashboard is the safest and most compliant option.
Audio and Video Recording Laws
- Audio Recording: Massachusetts is an “all-party consent” state. This means you must obtain consent from all parties being recorded if your dash cam records audio. Recording conversations inside your vehicle without everyone’s consent is a crime and can result in criminal penalties.
- Video Recording:Â Recording video of public spaces (such as roads and highways) is generally permitted. However, filming on private property or recording people in private areas without their consent is not allowed.
Use in Court
- Admissibility:Â Dash cam footage is admissible as evidence in Massachusetts courts if the camera was properly mounted (dashboard, not windshield) and the footage was lawfully obtained1.
- Limitations:Â Footage may be challenged in court if the dash cam was not installed according to legal requirements or if privacy laws were violated.
Hands-Free Law
- Device Interaction: Massachusetts’ hands-free law prohibits drivers from handling electronic devices while driving. Any interaction with a dash cam must be hands-free, and the device must be properly mounted so it does not impede vehicle operation.
Privacy Considerations
- Passenger Notification:Â If your dash cam records inside the vehicle, you must notify passengers (ideally with a sign or verbal notice). If a passenger objects, you must turn off the camera or ask them to leave the vehicle.
- Public vs. Private:Â Filming accidents or incidents that occur in public is generally allowed. Filming on private property or recording private conversations without consent is not.
Summary Table: Massachusetts Dash Cam Rules
| Regulation Area | Requirement/Restriction |
|---|---|
| Mounting Location | Dashboard or behind rearview mirror only; not on windshield |
| Obstruction | Must not block driver’s view |
| Audio Recording | All-party consent required |
| Video Recording | Allowed in public, not on private property without consent |
| Court Admissibility | Only if lawfully obtained and properly mounted |
| Hands-Free Law | Must be used hands-free; no handling while driving |
| Passenger Notification | Required for in-cabin recording; consent needed for audio |
You can legally use a dash cam in Massachusetts if it is mounted on the dashboard (not the windshield), does not obstruct your view, and you comply with all-party consent laws for audio recording. Always notify passengers if you are recording inside the vehicle, and never record private conversations without everyone’s consent.
Sources
- https://www.dibellalawoffice.com/blog/using-dashcam-footage-in-massachusetts-personal-injury-cases/
- https://worldpopulationreview.com/state-rankings/dash-cam-laws-by-state
- https://www.reddit.com/r/massachusetts/comments/1g8cblf/dashcams_are_illegal_on_windshields/
- https://www.blackboxmycar.com/pages/are-dash-cams-legal-in-my-area-dash-cam-laws-in-every-us-state
- https://facit.ai/insights/dash-cam-laws-by-state