Dashboard cameras — Michigan

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

Windshield placement and visibility

A person may not operate a motor vehicle with:

• Nontransparent material (i.e., dash cam) upon the front windshield, the side windows immediately adjacent to the driver or front passenger, or the side wings adjacent to and forward of the driver or front passenger; or
• An object that obstructs the vision of the driver.

As a result, it is advisable to place dash cams on the dashboard or behind the rear-view mirror to ensure compliance.

Audio and video recording

Michigan is an all-party consent state according to its state statutes (MCLS § 750.539d). This means you can record audio as long as all parties to the conversation (e.g., the driver and all passengers) consent.

In 1982, however, the Michigan Court of Appeals (in Sullivan v. Gray, 117 Mich. App. 476 (1982)) interpreted the state statute as only applying to a third-party interception of a conversation. Therefore, in Michigan, if you are taking part in a conversation, you are allowed to record the conversation. So, while the law is written as an all-party consent rule, the Michigan courts will likely interpret “eavesdrop” as only applying to outside third parties listening in.

In Michigan, 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 Michigan 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.