Dashboard cameras — West Virginia

Dash cams are legal in West Virginia, 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 the front windshield, side wings, or side or rear windows which obstructs the driver's clear view of the highway or any intersecting highway.

This windshield obstruction prohibition makes dashboard or behind the rear-view mirror installation of dash cams the best choice.

Audio and video recording

West Virginia 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 West Virginia, 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 West Virginia 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.