Dashboard cameras — Colorado

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

Windshield placement and visibility

Nontransparent material (e.g. dash cams) may be applied, installed, or affixed to the topmost portion of the windshield if:

• The bottom edge of the material extends no more than four inches measured from the top of the windshield down;
• The material is not red or amber in color, nor does it affect perception of primary colors or otherwise distort vision or contain lettering that distorts or obstructs vision;
• The material does not reflect sunlight or headlight glare into the eyes of occupants of oncoming or preceding vehicles to any greater extent than the windshield without the material; and
• The material does not present a metallic or mirrored appearance.

A good practice is to mount the dash cam on the dashboard or behind the rear-view mirror.

Audio and video recording

Under Colorado law, any person not visibly present during a conversation or discussion commits eavesdropping if he knowingly overhears or records a conversation or discussion without the consent of at least one of the principal parties or attempts to do so. This means that Colorado is a one-party consent state for audio recording, and that fleet management may not listen into conversations in a commercial vehicle without the permission of the driver or passenger.

In Colorado, it is generally legal to record video 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 Colorado is a one-party consent state for audio recordings, fleet managers or drivers can record conversations in the vehicle as long one party, such as the driver consents. The best practice, however, is to both post a sign in the cab and inform all passengers verbally (whether customers, contractors, or employees) of audio or video recording for purposes of trust, transparency, and to avoid privacy disputes.