Are Dash Cams Legal In New York?
So, Are dash cams legal in New York?
Drivers in New York are permitted to use dashboard cameras in practical instances that do not obstruct the driver’s ability to see through his windshield or violates the privacy rights of other individuals.
In most instances and based on the design of the camera, a dashboard camera is permitted if it is no larger than five square inches on the driver’s side of the car and no more than seven square inches on the passenger side of the car. The purpose of these measures is to prevent obstruction of views from both the driver and the passenger.
There are also restrictions regarding what the camera can record. If the camera is focused on the road in front of the vehicle, such use is permitted.
However, if the camera has the ability to record the image of a number of pedestrians or other drivers with such clarity as to intrude upon their privacy, such an action could be considered an invasion of privacy or even a violation of the state’s wiretapping laws.
The recording of an individual requires their consent in most cases. Since a vehicle is in motion most of the time, the camera does not have a captured subject. This restriction is also true for the recording of video, which is why most dashboard cameras have no sound recording devices.
Drivers should also make practical use of their recording devices. During a traffic stop, a dash cam may be legal to use but the stop is still under the control of the police officer. This means that the police on the scene may or may not permit a driver or passenger to video tape the events of an ongoing traffic stop investigation. Additionally, they may not use the video from your dashboard camera to determine whether to give the driver a citation. Such video is for the driver to use based on the driver’s allocated responsibility of the traffic incident.