by Dash cams are becoming increasingly popular among drivers in New York for their ability to record accidents, road events, and encounters with law enforcement. While they are legal to use, New York drivers must follow specific rules regarding placement, privacy, and consent to avoid legal issues and ensure the footage is admissible in court.
Legality of Dash Cams in New York
Dashboard cameras are legal in New York. There is no state law that prohibits their use in non-commercial passenger vehicles. In fact, New York supports dash cam use through legislation that offers a 5% reduction on auto insurance premiums for drivers who install and operate functioning dash cams in their personal vehicles.
Proper Placement and Mounting
According to New York Vehicle and Traffic Law §375(30), drivers must not place any object on or in front of the windshield that obstructs their view of the road or interferes with airbag deployment. Improper placement may result in traffic citations or render footage inadmissible in legal proceedings.
Recommended Dash Cam Placement
- Directly behind the rearview mirror
- Lower passenger-side corner of the windshield
- On the dashboard where it does not block the driver’s view
Avoid mounting dash cams on the driver’s side windshield, hanging them from the rearview mirror, or placing them in any position that hinders your visibility.
Audio Recording Laws
New York is a one-party consent state for audio recordings. This means you can legally record conversations inside your vehicle as long as you are one of the participants in the conversation.
Best Practices for Audio Recording
- Inform passengers that audio is being recorded
- If someone objects, either disable audio recording or ensure they consent to being recorded
- Avoid secretly recording private conversations where you are not a participant
Recording private conversations without being part of them may violate federal or state wiretapping laws.
Video Recording and Privacy
Recording video in public spaces such as streets and highways is permitted in New York. Dash cams are typically used to capture road activity, not the personal lives of individuals.
Key Guidelines for Video Use
- Do not intentionally record passengers or private spaces within the car
- Do not use dash cams to monitor or spy on people
- Focus the camera on the road ahead
Recording people where they have a reasonable expectation of privacy can raise legal and ethical concerns.
Admissibility of Dash Cam Footage in Court
Dash cam footage is frequently used in New York courts for traffic violations, insurance disputes, and criminal defense. For the footage to be accepted as evidence, it must be:
- Relevant to the case
- Unaltered or tampered
- Acquired legally
To improve admissibility, back up the footage promptly after an incident, keep the dash cam properly mounted, and avoid editing or deleting segments of the video.
Insurance Incentives for Dash Cam Use
New York offers an insurance benefit of up to 5% off premiums for drivers with operational dash cams in their non-commercial vehicles. To qualify:
- The dash cam must be functional
- It must be correctly installed according to legal guidelines
Contact your insurance provider to learn more about eligibility and any documentation required.
Final Takeaways
- Dash cams are legal in New York and may help with evidence in case of accidents or disputes
- Improper mounting can lead to tickets and reduce the effectiveness of your dash cam in legal matters
- Audio recordings require one-party consent, but informing passengers is recommended
- Video should not invade others’ privacy or be aimed at individuals inside the vehicle
- Footage must be preserved and handled carefully to be used as evidence
- Insurance savings may be available for using an approved dash cam
By using dash cams responsibly and in accordance with New York state law, drivers can enhance their safety, protect themselves legally, and potentially lower their insurance costs.
