Dashboard cameras — Massachusetts

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

Windshield placement and visibility

No person may operate a motor vehicle with a nontransparent material (e.g., dash cam) that covers the front windshield, the side windows and the rear window, if it makes the windshield and other window areas nontransparent or obscured from either the interior or exterior of the vehicle. To avoid this violation, it is advisable to mount your dash cams on the dashboard or behind the rear-view mirror.

In addition, nontransparent material (e.g., a dash cam) may be mounted on the side windows of the vehicle if they do not reflect more than 35 percent of visible light and if the vehicle has two outside mirrors, one on each side, adjusted so that the driver has a clear view of the highway behind the vehicle.

Audio and video recording

Massachusetts is an all-party consent state. This means you can record audio as long as all parties to the conversation (e.g., the driver and all passengers) consent.

In Massachusetts, 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 Massachusetts 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.