Dashboard cameras — California

Dash cams are legal in California, but the following rules should be considered:  

Windshield placement and visibility

Generally, a person may not drive a motor vehicle with any material that obstructs or reduces the driver’s clear view through the windshield or side windows. 

However, there are exceptions to this general windshield obstruction rule for video event recorders (e.g. dash cams) with the capability of monitoring driver performance to improve driver safety. In California, video event recorders may be mounted:

• In a 7-inch square in the lower corner of the windshield farthest removed from the driver,
• In a five-inch square in the lower corner of the windshield nearest the driver and outside the airbag deployment zone, or
• In a five-inch square mounted to the center uppermost portion of the interior of the windshield.

In addition, a video event recorder in a commercial motor vehicle with the capability of monitoring driver performance to improve driver safety, may be mounted:

• No more than two inches below the upper edge of the area swept by the windshield wipers, and
• Outside the driver’s sight lines to the road and highway signs and signals.

Audio and video recording

California is an all-party consent state for audio recording. This means that all parties to a confidential communication must consent to its recording.

“Confidential communication” means any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties thereto. This, however, excludes circumstances in which the parties to the communication may reasonably expect that the communication may be overheard or recorded. 

Generally, any image or video recording collected or retained through the operation of an in-vehicle camera must not be shared with any third party absent certain specific statutory exceptions contained in Cal Bus & Prof Code § 22948.51. However, this general rule does not apply to cameras installed in vehicles that are primarily for commercial use, including buses, motor trucks, and truck tractors.

All vehicles equipped with a video event recorder must abide by the following rules:

• Have a notice posted in a visible location which states that a passenger’s conversation may be recorded. 
• Store no more than 30 seconds before and after a triggering event. 
• The registered owner or lessee of the vehicle must be able to disable the device. 
• The data recorded to the device is the property of the registered owner or lessee of the vehicle. 
• When a person is driving for hire as an employee in a vehicle with a video event recorder, the person’s employer must provide unedited copies of the recordings upon the request of the employee or the employee’s representative. These copies must be provided free of charge to the employee within five days of the request. 

In California, it is generally legal to video record in public and in semi-public places like a truck cab, where there is little or no expectation of privacy.

However, video recording on private property (e.g., customer sites and delivery locations) without permission may be illegal, especially if footage includes people who are unaware that they are being recorded. Best practice: Dash cams should be deactivated or explicit permission obtained from the property owner or the individuals being recorded prior to video recording on private property.

Employee and driver privacy

Because California is an all-party consent state for audio recordings, fleet managers or drivers can record conversations in the vehicle if all parties to the conversation consent. The best practice, however, is to not only post the required sign in a visible location in the cab but inform all passengers verbally (whether customers, contractors, or employees) of audio or video recording for purposes of trust, transparency, and to avoid privacy disputes.