Are Dash Cams Permitted in California?
When it comes to the legality of dash cams, California does not have a law specifically addressing the use of such devices. However, California Vehicle Code 26708 VC, California Penal Code 632 PC, and the California Constitution, Article I, Section 1, indirectly touch on the legality of dash cams.
California Vehicle Code Section 26708
The law states that you are not permitted to place materials on your windshield that can obstruct your field of vision. Even though most police will not pull you over for having a dash cam in your line of sight to the side or rear view mirror, technically, the camera can obstruct the field of view of the driver. It is unclear how many people have actually been pulled over for just having something obstructing their field of view.
California Penal Code Section 632
The law states that it is unlawful to record conversations in which all parties have not given their consent . In other words, you cannot record telephone conversations, conversations in hotel rooms, or conversations on interstate highways. The law is too new for it to be tested, but there may be a problem with having a dash cam facing into the car if someone enters the vehicle who has not given you permission to record.
California Constitution, Article I, Section 1
Section 1 states that a person has a right to privacy. This law is broad and could arguably apply to the video recording of someone without their permission when they enter your car. It is unclear how court cases involving Ohio’s similar privacy laws would be interpreted.
Commercial Vehicles
There are no known laws prohibiting the installation of dash cams in commercial vehicles. The issue would stem from whether the company can compel you to record the road for its protection.
Dash Cam Laws from California Vehicle Code
When it comes to dash cams in California, the relevant part of the vehicle code is the California Vehicle Code Section 26708. Legally speaking, there isn’t a specific reference to dash cams, although Section 26708 is what will be used to say that all camera devices used on a windshield must abide by this law.
The general rule is simple, according to Section 26708, "No person shall drive any motor vehicle with any object or material placed, displayed, installed, affixed to, or otherwise used upon the windshield." However, there are some exceptions to this. Section 26708 (a)(1) clarifies that this code will not be applicable to any "wiping device" that is affixed to the windshield behind the rearview mirror. Additionally, Section 26708 (a)(2) goes on to say that Section 26708 will not apply to any narrow band of material above the uppermost 4 inches of any windshield that is used to attach a sun screen along with any opaque material that is attached to the windshield in a manner that causes the material to be at least four inches below the top of the windshield.
While dash cams can be beneficial on the road, you must be careful to make sure that your cameras are not interfering with your ability to see the road ahead or if you are otherwise complying with California Vehicle Code Section 26708.
Privacy Issues with Dash Cam Videos
In California, as in many states, the recording of audio or video without the consent of the people being recorded is generally prohibited; however, California’s Supreme Court has held that there are exceptions to this prohibition. Under California Penal Code Section 632, the photo and/or audio must be recorded under circumstances in which there is a "reasonable expectation" of privacy. Public places are excluded.
Some judges have ruled that when drivers record audio of fellow drivers in the public arena, they are effectively waiving their reasonable expectation of privacy simply by being in a public space where they can be lawfully present and they cannot expect to be free from being recorded. It seems unlikely that the California Supreme Court will adopt this position, as at minimum, motorists have a reasonable expectation of privacy in their own private vehicles. Conservationists and Yosemite officials have been recorded using dash cameras by drivers passing through the park, and the footage has recorded animal abuse occurring. These activists tend to post on YouTube the video that gets their message out to the public and on other websites that sell the videos for profit. These actors in the videos are generally not in a position to consent to being recorded because they haven’t consented to be subject to the public outrage created by the videos they record. The fact that the dash cam videos are used for commercial purposes means they are likely subject to federal laws that protect "communications in interstate commerce."
If the person in the dash cam video is in their own vehicle, walking down the street, acting in an official capacity (perhaps as an officer or an EMT), it would likely be difficult for California courts to rule that the conversation was in the public arena, but California courts we’ve seen so far have shown some inclination to be more reason oriented, so they might treat the absence of a judge in a public setting as insufficient grounds upon which to find that an in-car conversation did not occur. Other courts may apply a two-part test: Does the use of a dash cam violate California’s right to privacy? Does the use of the dash cam violate the sitting person’s reasonable expectation of privacy in a setting that is expected to remain private? Even without a dash cam, persons inside a vehicle frequently do not have a reasonable expectation of privacy with regard to the person in the other vehicle, perhaps out of a general awareness of road rage observed elsewhere by the driver inside the vehicle.
Advantages of Dash Cameras
The potential benefits of dash cams cannot be overlooked. Although the technology is new, the advantages of having one in your vehicle are substantial and may provide important protections long before the need for a legal dispute. Consider the following advantages offered by dash cams, and you’ll start to see how they can be of value in California.
Evidence in the Event of an Accident: Dash cam technology most often comes equipped with advanced motion sensors, meaning that if a driver is involved in an accident, even if he or she is unconscious or the device cannot be operated, the sensors will automatically activate and begin recording. In the event of a dispute or disagreement over the details, these video clips can tell the true story.
Protection from Insurance Fraud: Sadly, accidents generate the potential for a major financial windfall. While most drivers are honest and just want to get a fair settlement after a crash, some unscrupulous individuals go to extravagant lengths in order to take advantage of others. Dash cams are useful for capturing the event in sequence, protecting honest drivers and citizens from being taken advantage of by the dishonest ones.
Improved Safety Awareness: You can avoid and reduce accidents by having a dash cam installed in your vehicle. A few seconds of footage taken each day enables drivers to become more aware of their surroundings and to learn about the types of distractions that are present on the road. All of this information helps drivers to avoid or eliminate distractions, thereby reducing risk and enhancing public safety overall.
The Effects of Dash Cameras on California Insurance
Dash cam footage can significantly impact car insurance claims and policies in California. When an accident occurs, insurance companies may request the recording as a reliable third-party account of the events, which could support the driver’s version of the incident or provide evidence of the other party’s fault. This can be particularly beneficial in determining liability and ensuring that victims of vehicular accidents receive the compensation they deserve.
Many car insurance companies in California do not specifically offer a discount for policyholders who have dash cams installed in their vehicles. However, some insurers may offer discounts for vehicles equipped with safety features like automatic emergency braking or lane departure warnings . Even if there is no direct discount, having a dash cam may help expedite claims processing and reduce disputes with insurance adjusters related to the cause of an accident. Having video footage to review after an accident can make the settlement process easier. It can also reduce the amount of time the insurance company spends interviewing witnesses to the accident.
Insurance companies may request the dashboard camera footage after a claim is made. If the footage shows the other party caused the accident, the insurance company may accept liability. If it shows otherwise, it may result in a denial of the claim, which may encourage the claimant to file a lawsuit against the policyholder instead. In this way, having a dash cam can ensure the policyholder is protected through clear video evidence to support their claims against the other driver and also allow them to have the facts to dispute claims from the other party.
Installing Dash Cams
When utilizing a dashboard camera, it is vital to follow all California requirements while proper using the device. Your dash cam should be placed in a location on your windshield that does not impair your vision of the roads and vehicles surrounding you. Any degree of impairment may result in a ticket and fines. The California Driver Handbook further explains that "the windshield may not be behind the rearview mirror area, even if it is clear. In the area of the extreme lower left and lower right of the windshield, any material whether tinted or not is prohibited if it obscures more than five inches of the windshield in width. Any material directly in front of the driver or on the sides of the windshield adjacent to the rearview mirror must permit at least 70 percent of light to pass through." In the state of California, all aftermarket tint on windshields is banned unless the tint has received explicit state approval. Failing to comply with this rule can lead to a fine of $25 for the first offense and $197 for any subsequent violations.
Legal Ramifications of Misusing Dash Cams
You face potential civil or criminal liability if you mischaracterize the parameters of use of the dash cam in a deal and then subsequently misappropriate the recordings with bad intent. You do not want to be added to the list of people on YouTube who suddenly have dash cam footage from hundreds of cars showing bizarre incidents, traffic incidents or crimes! You will not be on the good list. You need to ensure equally as well that your sales people, managers & executives are equally familiar with all uses and restrictions of the dash cams. If you do not make this clear, you can end up with images on Youtube, Reddit and other social media where you get made fun of. These uses by others in the chain can be captured in your policies. If they are misusing the dash cam, you may have remedies like firing or disciplinary action. Consider how many legal risks there may be if your employees start using the dash cam for personal security on their way in and out of the car. This would include capturing the license plate of the person walking behind the vehicle, but really to be safe, the person in the car should just get the license number of other cars to be safe and not risk an invasion of another person’s privacy. There may be a bigger risk here than first anticipated a day or two ago when it was considered that there may need to be some prohibitions or restrictions on how these a dash cams can be used or how to handle false allegations of whispers of sexual assault, arguments with the girlfriend, etc . If there is a witness in the car, the doctor may have to carefully word the consent for medical treatment. When it comes to the need to assess the risks around improper uses of dash cams, you could also run the risk that there may be criminal violations regarding wiretapping or eavesdropping or use of the illegitimately obtained data for an illegitimate purpose under all of the California privacy laws. In fact, you could be penalized for wiretapping under 18 U.S.C., § 2511(3) on a federal level and at the state level under the California Invasion of Privacy Act (CIPA) which would be covered in § 630 to § 638 of the California Penal Code. Yes, the California privacy laws will restrict how these dash cams can be used. If not, you can be criminally liable for improper uses of them and perhaps even have damages, fees, costs and legal fees awarded against you and your company if someone brings a lawsuit or you have a whistleblower file a formal complaint with an administrative agency about privacy and dash cams. You absolutely should consider the need to train sales people on the use of the dash cams. Implementing dash cams in the cars may even cause a spike in employees bringing in activity that is the subject of professional duty of loyalty issues under state law. Do not underestimate dash cams, particularly as they relate to the Civil and Criminal penalties around state or federal privacy laws or use of the images you capture!