Dashboard cameras — New Mexico

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

Windshield placement and visibility

No person may drive any motor vehicle with any sign, poster or other nontransparent material (i.e., dash cam) upon or in the front windshield, windows to the immediate right and left of the driver or in the rearmost window if the latter is used for driving visibility. The best practice is to mount the dash cam on the dashboard or behind the rear-view mirror.

Audio and video recording

New Mexico is a one-party consent state. This means you can record audio as long as one party to the conversation (e.g., the driver or the passenger) consent.

In New Mexico, 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. 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 New Mexico 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.