Dashboard cameras — Delaware

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

Windshield placement and visibility

No person shall drive any vehicle upon a highway with any sign, poster or other nontransparent material upon the front windshield, side wings or side or rear window of such motor vehicle, other than a certificate or other paper required to be so displayed by law. This means that dash cams must be mounted on the dashboard or behind the rear-view mirror.

Audio and video recording

Delaware is an all-party consent state for audio recording. This means you must obtain consent from all people in the vehicle (including drivers and passengers) before recording private conversations.

In Delaware, it is generally legal to record videos 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 Delaware 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 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.