Dashboard cameras — South Dakota

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

Windshield placement and visibility

It is a petty offense for any person to drive any vehicle upon a highway with any sign, poster, or other nontransparent material (i.e., dash cam) upon the front windshield, side wings, side, or rear windows unless the item does not obstruct the driver's clear view of the highway or any intersecting highway. It is also illegal to drive any vehicle upon a highway with any object or gadget dangling between the view of the driver and the windshield of the vehicle.

These rules can make the legality of windshield and rear-view mirror placement uncertain. Dashboard mounting is a better choice.

Audio and video recording

South Dakota 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 South Dakota, 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 South Dakota 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.