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Dash cams are legal in New York, but the following rules should be considered:
Windshield placement and visibility
It is unlawful for any person to operate a motor vehicle with any object placed or hung in or upon the vehicle in such a manner as to obstruct or interfere with the view of the operator through the windshield. This makes careful placement of a dash cam essential. Mounting the dash cam on the dashboard or behind the rear-view mirror is a better option for ensuring compliance.
Audio and video recording
New York 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 York, 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 New York 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
- NY CLS Veh & Tr § 375 30. (Equipment placement; windshield)
- NY CLS Penal § 250.00 (Eavesdropping)
