Dash cams are increasingly popular for documenting road incidents and protecting drivers. However, Delaware has specific laws governing where and how dash cams can be used. Knowing these regulations is crucial to avoid fines and ensure your footage is legally admissible.
Are Dash Cams Legal in Delaware?
Yes, dash cams are legal in Delaware, but their use is subject to strict rules regarding placement and audio recording.
Mounting and Placement Rules
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- Windshield Mounting Prohibited: Delaware law forbids driving with any sign, poster, or other non-transparent material on the front windshield, side wings, or side/rear glass.
- This means dash cams cannot be mounted on the windshield where they would obstruct the driver’s view.
- The safest and legal option is to mount dash cams on the dashboard.
- No Obstruction: Any device, including dash cams, must not block the driver’s clear view of the road. Improper mounting can lead to fines.
Audio Recording and Privacy Laws
- All-Party Consent Required: Delaware is an all-party consent state for audio recording.
- This means you must obtain consent from everyone in the vehicle before recording audio.
- Failing to do so can result in legal penalties.
- Notice to Passengers: It’s recommended to inform passengers—verbally or with a visible notice—that audio and video recording is in progress.
Use of Dash Cam Footage
- Admissibility in Court: Dash cam footage is generally admissible in court if it complies with state mounting and privacy laws.
- Illegally obtained audio (without consent) may be excluded.
Summary Table: Delaware Dash Cam Laws
| Aspect | Delaware Law |
|---|---|
| Dash cam legal? | Yes |
| Windshield mounting | Prohibited (dashboard mounting recommended) |
| Obstructing driver’s view | Illegal |
| Audio recording | All-party consent required |
| Passenger notification | Strongly recommended |
| Court admissibility | Must comply with mounting and consent laws |
Key Takeaways
- Dash cams are legal in Delaware but must be mounted on the dashboard, not the windshield, to avoid obstructing the driver’s view.
- Audio recording requires consent from everyone in the vehicle.
- Proper installation and notification are essential for legal compliance and to ensure footage can be used as evidence.
By following these guidelines, Delaware drivers can safely and legally benefit from dash cam technology.
Sources:
- https://www.expertmarket.com/dash-cams/dash-cam-laws-by-state
- https://matrackinc.com/dash-cam-laws-by-states/
- https://www.blackboxmycar.com/pages/are-dash-cams-legal-in-my-area-dash-cam-laws-in-every-us-state
- https://worldpopulationreview.com/state-rankings/dash-cam-laws-by-state