...
Dash cams are legal in Illinois, but the following rules should be considered:
Windshield placement and visibility
In Illinois, windshields must be unobstructed. In addition, no person may drive a motor vehicle with any objects placed or suspended between the driver and the front windshield which materially obstructs the driver’s view. However, no motor vehicle, or driver or passenger of such vehicle, may be stopped or searched by any law enforcement officer solely on the basis of a violation or suspected violation of this rule. Dashboard mounting would seem to be the safest option.
Audio and video recording
Illinois is an all-party consent state for audio recording. This means that consent must be obtained from all people in the vehicle prior to audio recording. Specifically, in Illinois, a person commits eavesdropping when they use a recording device, in a “surreptitious” manner (i.e., through stealth, deception, secrecy or concealment), for the purpose of transmitting or recording all or any part of any private conversation to which they are a party unless they do so with the consent of all other parties to the private conversation.
In Illinois, 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 Illinois 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.
Related information
Citations
- 625 ILCS 5/12-503 (c-5) (Windshields must be unobstructed)
- 720 ILCS 5/14-2 (a)(2) (Eavesdropping; Elements of offense)
