Yes, dash cams are legal to use in Massachusetts. However, there are strict rules about where and how you can install them, as well as how you record and use footage.
Mounting Rules
- Windshield Mounting is Prohibited: Massachusetts law forbids mounting dash cams (or any non-transparent objects) on the windshield, as this can obstruct the driver’s view.
- Dashboard Mounting is Required: Dash cams must be mounted on the dashboard, where they do not block the driver’s line of sight.
- Court Admissibility: Footage from dash cams is admissible in court only if the device was properly mounted on the dashboard, not the windshield.
Recording and Privacy Laws
- Consent for Audio Recording: Massachusetts is an all-party consent state. This means you must inform all passengers if audio is being recorded in the vehicle.
- Passenger Notification: You can comply by verbally notifying passengers or by displaying a visible sign inside your vehicle.
- Objections: If a passenger objects to being recorded, you must turn off the audio recording or ask them to leave the vehicle.
Footage Use and Limitations
- Public vs. Private Spaces: Recording events in public areas (like traffic incidents) is generally allowed, but recording on private property or without consent can be a crime.
- Technical Considerations: Ensure your dash cam overwrites old footage or has enough memory to preserve important events.
Key Takeaways
- Mount your dash cam on the dashboard, not the windshield, to comply with Massachusetts law.
- Always notify passengers if audio is being recorded.
- Footage is admissible in court only if the camera was properly mounted and privacy laws were followed.
- Violating mounting or consent rules can result in fines or footage being excluded from legal proceedings.
By following these guidelines, you can use a dash cam legally and effectively in Massachusetts.
Sources:
- https://www.expertmarket.com/dash-cams/dash-cam-laws-by-state
- https://www.ddpai.com/blog/dash-cam-laws/
- https://www.boston-injury-lawyer-blog.com/2024/04/getting-a-dash-cam-in-massachusetts/
- https://www.reddit.com/r/massachusetts/comments/1g8cblf/dashcams_are_illegal_on_windshields/