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Dash cams are legal in Indiana, but the following rules should be considered:
Windshield placement and visibility
A person may not drive a motor vehicle with nontransparent material (e.g., dash cam) upon the front windshield if it obstructs the driver’s clear view of the highway or an intersecting highway. However, nontransparent material, such as a dash cam, may be mounted upon the front windshield in the lower corner on the passenger side if no larger than four inches square.
Audio and video recording
Indiana is a one-party consent state. This means that audio recording is allowed as long as one participant (e.g., the driver or the passenger) consents.
In Indiana, 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.
Indiana law states that it is unlawful for a person to knowingly or intentionally place a camera or electronic surveillance equipment that records images or data of any kind while unattended on the private property of another person without the consent of the owner or tenant. This may include a dash cam in an unattended vehicle. 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 Indiana 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
- Burns Ind. Code Ann. § 9-19-19-3 (b) (Nontransparent material upon the front windshield)
- Burns Ind. Code Ann. § 35-46-8.5-1 (Unlawful photography and surveillance on private property)
