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Dash cams are legal in Georgia, but the following rules should be considered:
Windshield placement and visibility
Under Georgia law, no person may drive any motor vehicle with anything on the front windshield which obstructs the driver’s clear view.
An exception to this rule is made for a wireless telecommunications device or stand-alone electronic device mounted upon the windshield in a manner which minimizes obstruction of the driver’s view. However, since a “stand-alone electronic device” is explicitly defined as a device other than a wireless telecommunications device which stores audio or video data files to be retrieved on demand by a user, dash cams are not included in this exception.
While windshield mounting is allowed, the best practice is to mount on the dashboard or behind the rear-view mirror.
Audio and video recording
Georgia is a one-party consent state for audio recording. This means that only one party to the conversation (e.g., the driver or the passenger) can legally consent to the audio recording.
In Georgia, 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 and out of “public view” (e.g., customer sites and delivery locations) without permission is illegal. The argument could be made that video recording in the public area of private property (e.g., a parking lot or loading dock) is actually within “public view” and would therefore be legal. Regardless, the best practice is for dash cams to be deactivated or permission obtained prior to video recording on private property.
Employee and driver privacy
Because the Georgia has one-party consent 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.
Related information
Citations
- O.C.G.A. § 40-8-73 (Windshields)
- O.C.G.A. § 16-11-66 (a) (Interception of oral communication; Consent requirements)
- O.C.G.A. § 16-11-62 (2) (Surveillance which invades privacy)
