Dash cams are legal in New York, but their use is subject to specific regulations to ensure compliance with privacy laws and traffic safety standards. Here’s a detailed breakdown of the rules and best practices:
Legality and Mounting Requirements
- General Legality:
Dash cams are permitted under New York law as long as they do not obstruct the driver’s view. Mounting on the dashboard is recommended, while windshield placement is technically allowed if the device is positioned in a non-obstructive area (e.g., behind the rearview mirror or on the passenger side).- Prohibited: Attaching cameras to the windshield in a way that blocks visibility, such as near the driver’s line of sight.
- Federal Guidelines:
Commercial vehicles may mount dash cams up to 8.5 inches below the windshield’s upper edge, provided they don’t interfere with road visibility. Non-commercial drivers should prioritize dashboard mounting to avoid tickets for obstruction.
Audio Recording Restrictions
- One-Party Consent: New York allows audio recording only if one party (typically the driver) consents.
- Prohibited: Secretly recording conversations between passengers without their knowledge.
- Best Practice: Disable audio recording or notify passengers to avoid violating Penal Law § 250.05.
Using Footage as Evidence
- Admissibility in Court:
Dash cam footage is admissible if it meets these criteria:- Authenticity: The user must testify that the video accurately depicts the incident.
- Relevance: Footage must directly relate to the case (e.g., showing a collision’s cause).
- Clarity: High-resolution cameras are critical; blurry or fragmented footage may be dismissed.
- Limitations:
- Partial Coverage: Dash cams only capture forward-facing events, making them less useful for side/rear collisions.
- Insurance Use: Insurers often accept dash cam evidence to expedite claims, but footage alone rarely guarantees a settlement.
Practical Tips for New York Drivers
- Placement:
- Optimal: Mount on the dashboard or behind the rearview mirror’s “frit” (black dotted area).
- Avoid: Windshield edges, airbag deployment zones, or areas blocking traffic signals.
- Device Selection:
- Choose compact models with night vision for urban driving.
- Ensure adequate storage to prevent auto-deletion of critical footage.
- Border Crossings:
- Disable dash cams at U.S. borders unless authorized by Customs and Border Protection.
Local Enforcement and Exceptions
- NYC: No extra restrictions beyond state laws, but improper mounting (e.g., windshield obstruction) may lead to tickets.
- State Incentives: A proposed bill (A5132) offers a 5% insurance discount for non-commercial vehicles with dash cams.
By adhering to these guidelines, New York drivers can leverage dash cams for safety and legal protection while avoiding fines or privacy violations. Always verify local ordinances, as cities like Buffalo or Rochester may have nuanced enforcement practices.
Sources
- https://www.douglasandlondon.com/car-accident-lawyers-nyc/can-dash-cam-video-be-used-as-evidence-in-new-york/
- https://www.cassisilaw.com/dash-cam-impact-new-york-auto-accident-lawsuits/
- https://porterprotects.com/why-should-new-york-drivers-own-a-dash-cam/
- https://matrackinc.com/dash-cam-laws-by-states/
- https://www.curanahlers.com/post/are-dash-cameras-legal-in-new-york