Dash cams are increasingly popular among New York drivers for providing evidence in accidents and protecting against false claims. However, their use is subject to specific state laws regarding placement, privacy, and admissibility in court. Here’s a comprehensive overview of what you need to know about dash cam regulations in New York.
Legality of Dash Cams in New York
Dash cams are legal to own and use in New York. There are no state laws prohibiting the use of dash cams in private vehicles, and footage from these devices is admissible as evidence in court, provided it accurately depicts the events in question.
Placement and Mounting Requirements
Obstruction of View
New York Vehicle and Traffic Law § 375(30) prohibits placing any object on the windshield or in a location that obstructs the driver’s view of the road. This means dash cams should not be mounted in a way that blocks your line of sight.
Recommended Placement:
- Mount the dash cam on the dashboard or in the front passenger-side corner, where it does not interfere with airbag deployment or distract the driver.
- If windshield mounting is necessary, place it behind the rearview mirror or in the “frit” area (the darkened part behind the mirror), ensuring it remains out of the driver’s field of vision.
- Avoid hanging the dash cam from the rearview mirror or placing it in the center of the windshield.
Audio Recording and Privacy Laws
Consent Requirements
New York is an all-party consent state for audio recordings. Under New York Penal Law § 250.05, it is illegal to record conversations without the consent of all parties involved. If your dash cam records audio, you must inform passengers and obtain their consent. If consent is not given, disable the audio recording feature.
Insurance Incentives
A recent New York State Senate bill proposes a 5% automobile insurance premium reduction for non-commercial vehicles equipped with an operating dashboard camera that complies with state regulations. Insurers may require proof that the camera is installed and operational to grant the discount.
Use as Legal Evidence
Dash cam footage is admissible in New York courts and can be valuable in accident claims or disputes. To be used as evidence, you must testify that the footage accurately represents the events. However, the usefulness of the footage depends on the camera’s quality and angle, and it may not always capture all relevant details.
Summary Table: Key Dash Cam Regulations in New York
| Regulation Area | Requirement/Guideline |
|---|---|
| Legality | Dash cams are legal in private vehicles |
| Placement | Must not obstruct driver’s view; dashboard or passenger-side recommended |
| Windshield Mounting | Allowed only if not in driver’s field of vision (e.g., behind rearview mirror) |
| Audio Recording | All-party consent required; inform passengers or disable audio |
| Insurance Discount | 5% premium reduction proposed for compliant dash cams |
| Use as Evidence | Admissible if footage is accurate and relevant |
Dash cams are legal and widely used in New York, but drivers must ensure proper placement to avoid obstructing their view and comply with privacy laws regarding audio recording.
Mount your dash cam on the dashboard or in a non-obstructive windshield area, and always obtain consent before recording audio. Following these guidelines allows you to benefit from dash cam protection while staying within the law.
Sources:
- https://www.douglasandlondon.com/car-accident-lawyers-nyc/can-dash-cam-video-be-used-as-evidence-in-new-york/
- https://www.nysenate.gov/legislation/bills/2023/S5601
- https://www.reddit.com/r/Dashcam/comments/xjscun/question_about_dashcam_legality_in_nysnyc/
- https://www.ddpai.com/blog/dash-cam-laws/
- https://matrackinc.com/dash-cam-laws-by-states/