Dash cams are legal in Pennsylvania, but their use is governed by specific state laws regarding placement, audio recording, and privacy. Here’s what drivers need to know to stay compliant and ensure any footage is admissible in court.
Legal Status and Placement Requirements
- Dash cams are permitted for use in private vehicles in Pennsylvania.
- Windshield and Dashboard Rules: State law restricts where dash cams can be installed to avoid obstructing the driver’s view or interfering with airbag deployment. Permitted mounting locations and sizes are:
- Lower right corner of the windshield: up to 7 square inches
- Lower left corner of the windshield: up to 5 square inches
- Upper center of the windshield: up to 5 square inches
- Some sources recommend mounting only on the dashboard to avoid any legal ambiguity, as dash cams should not block the driver’s view or be placed on the windshield or windows.
- No Distraction: Dash cams must not distract the driver. Devices with screens should have the ability to turn off or “sleep” while driving.
Audio Recording and Privacy Laws
- Two-Party Consent: Pennsylvania is a “two-party consent” state for audio recordings. This means you must have the consent of all parties being recorded inside the vehicle.
- If your dash cam records audio, you must inform and obtain permission from all passengers. Without consent, recording audio is illegal and may result in criminal penalties and inadmissible evidence in court.
- If you cannot obtain consent, disable the audio recording function on your dash cam.
Admissibility in Court
- Video Footage: Dash cam video is generally admissible in Pennsylvania courts if it was recorded in public areas and in compliance with placement and privacy laws.
- Audio Footage: Any audio recording made without the consent of all parties is likely to be inadmissible and could violate Pennsylvania’s wiretapping laws.
- Consult an Attorney: Before sharing dash cam footage with insurance companies or law enforcement, consult with a legal professional, as the footage could also reveal contributory negligence.
Key Takeaways
- Dash cams are legal but must be installed so as not to obstruct your view or interfere with airbags.
- Mounting is only allowed in specific windshield locations (with strict size limits) or on the dashboard; some sources advise dashboard-only mounting for maximum compliance.
- All parties in the vehicle must consent to audio recording; otherwise, disable this feature.
- Footage is admissible in court if obtained lawfully and in public areas.
- Never view dash cam footage while driving, as this is considered a distraction.
By following these guidelines, Pennsylvania drivers can legally use dash cams to protect themselves and provide valuable evidence in the event of an accident.
Sources:
- https://gibbonslegal.com/dash-cam-accidents/
- https://pa-injurylawyer.com/can-dash-cam-footage-be-used-as-evidence-in-a-pa-car-accident-case/
- https://www.ssf-lawfirm.com/2018/10/19/is-it-lawful-to-install-a-dashboard-camera-in-pennsylvania-yes-but-there-are-legal-restrictions/
- https://matrackinc.com/dash-cam-laws-by-states/
- https://www.cooperschallandlevy.com/2024/01/29/the-role-of-dash-cams-in-car-accident-lawsuits/