Dash Cam Basics
Dash cams, or dashboard cameras, are small cameras attached to a vehicle to provide continuous or independent monitoring of the driver and the area in front of the vehicle. A growing trend in vehicle safety and driver awareness, dash cams serve as a useful safety tool in any car, truck, or other vehicle. They have become increasingly popular among families, adventurers, cabbies, diplomats, and many other travelers.
The sales of dashboard cameras have risen steadily since 2011. According to data from market research firm GfK, worldwide sales of dashboard cameras were just 400,000 in 2011. Even as manufacturers began to introduce more affordable products with lower resolutions and smaller memory devices, sales increased fivefold in 2013. GfK expects this number to rise to 6.5 million in 2014.
There are several advantages to using a dash cam. First and foremost, they offer driver support. Modern dash cams usually have motion detectors that automatically record when the vehicle is stopped but the driver and the dash cam aren’t . This is particularly useful in case of theft. They also have built-in GPS trackers, will store the data in the event of an accident, and can identify speed limit signs and warn the driver if they exceed the posted limit.
The accuracy of a dash cam makes it invaluable in settling disputes after a crash. Instructions from your insurance company could be different from those of other people in the car with you. In such cases, the dash cam has the power to set the record straight. If someone files a false police report or tries to make a fraudulent claim, it is smart to have photos or video evidence that could work in your favor and help you avoid being unfairly blamed for the accident.
Truth be told, there are virtually no disadvantages to using a dash cam. However, some drivers worried about their own liability may be hesitant to record their driving. Others, especially those in commercial vehicles, wait until after a crash has happened and only then install a dash cam. Still, the dash cam provides countless advantages and invaluable legal protection.
Pennsylvania’s Dash Cam Laws
In Pennsylvania, there are no laws prohibiting the use of dash cams. However, it is still wise to familiarize yourself with state privacy laws before you install a dash cam in your vehicle. It is also important to be aware of the following laws governing the installation of cameras in vehicles.
First and foremost, Pennsylvania does not require drivers to obtain any special permits or licenses in order to use a dash cam. That being said, they must comply with all relevant state laws when using these devices.
Pennsylvania law prohibits video recording on private property without the consent of the owner. Thus, drivers are not permitted to set up dash cams that record faces through the windows of other vehicles parked in public lots.
Any dash cam that is installed on the driver’s side of a vehicle must be placed in such a way that the windshield is not obstructed. According to 75 Pa.C.S. § 4524(f)(2), a driver’s view can be considered blocked if any devices are placed on the vehicle’s windshield above a certain height. Thus, you should avoid placing mounted dash cams in this area.
Dash cams can be useful for settlement negotiations in personal injury claims. However, while drivers may install and use them in their own vehicles, they’re not allowed to record other people’s conversations while they are inside of other vehicles. Videotaping conversations inside of another person’s car could result in serious criminal charges in Pennsylvania.
Although it is entirely legal to use dash cams in Pennsylvania, you should still be careful to stay within the law when using them.
Dash Cams and Privacy Issues
Privacy Considerations and Audio Recording Challenges
In addition to cameras facing specific laws, Pennsylvania privacy laws are well developed. For instance, under Pennsylvania’s Wiretapping and Electronic Surveillance Control Act, the recording of phone conversations can lead to legal liability if it is done without the consent of the other party to the conversation. In fact, the law requires both parties’ consent to record cell phone conversations.
Likewise, recording private conversations of individuals within a motor vehicle requires the consent of the individual before the recording can be done. In fact, as former Pennsylvania Attorney General Kathleen Kane has stated:
"Pennsylvania law is clear that it is a crime to intentionally intercept, disclose or use any wire or electronic communication, including a two-party conversation taking place inside a motor vehicle, without the consent of all parties to the communication."
Importantly, a person who records a video of an incident without audio is not required under state law to have the consent of a passenger to do so. That said, it is considered a good practice to alert passengers that audio and video are being recorded before doing so, since the failure to do so could potentially be viewed as inappropriate.
Use of Dash Cam Footage in Court
Dash cam recordings are widely accepted as admissible evidence in Pennsylvania courts, provided that the devices used to record the footage are properly installed, maintained, and operated. Both civilian and law enforcement dash cam videos can be used to clarify or dispute the facts of an accident or criminal incident. Moreover, they can also be used as evidence against law enforcement officers who engage in misconduct.
In July 2017, a dash cam video recorded by a motorist on the Pennsylvania Turnpike led to the arrest and firing of an intoxicated driving under the influence (DUI) patrol officer. The officer had been parked on the side of the road when she noticed a car in a ditch that presumably contained an intoxicated motorist who needed medical assistance. Yet despite her duty to assist and protect the public, the officer was recorded by the driver as she drove past a police barricade and sped through a yellow flashing light without stopping to offer assistance. More than two years earlier, a DUI officer in Montgomery County was prosecuted and fired for failing to fulfill his duties to speed away from the scene of an accident. In both cases, dash cam video helped to bring light to these injustices.
Dash cam footage can also be used to support or contest insurance claims and lawsuits for damages related to a car accident. In many cases, the footage can help vehicle occupants and pedestrians establish fault or disprove a false insurance claim. Dash cam footage may also be used to resolve hit-and-run disputes, such as when a driver flees the scene without providing contact information to the victim. Additionally, such recordings may be useful in cases where confrontations occur between class action members (e.g. between a driver and an unprofessional passenger) or between "road ragers."
How to Best Install a Dash Cam
When it comes to the installation of a dash cam, there are several best practices that need to be considered before viewing the road ahead. In accordance with the law, a dash cam should be installed in a way that does not block your view of the road, as this will impede on your ability to drive and even result in a fine. When installing a dash cam, you should never place the camera directly in the center of your windshield, for example. Place it instead on the driver’s side—an ideal location is typically the top corner of the windshield on the passenger side. In doing so, you will be able to monitor the road ahead without blocking any necessary line of sight. Even when installing a dash cam where you think there is no gradual impact on visibility, it is a good idea to test out the visibility and driving conditions in your vehicle before heading out on the road . If you are in any doubt about the camera obstructing any line of view, then it is best to install it differently, rather than run the risk of being pulled over. The dash cam should also be properly secured to avoid the camera moving while you are driving or even becoming dislodged from the vehicle and injuring another driver. If you witness an auto accident, however, it is important that your dash cam footage is available for viewing as soon as possible. If you have placed the dash cam in the center of the dashboard, it might not be easily accessible, which is why people tend to place their dash cam further up on the windshield when possible. Before installing your dash cam, consider your local laws and what is most practical for your needs in order to comply with all state requirements.
The Role of Dash Cams in Pennsylvania Insurance
Along with documenting accidents and incidents, insurance companies can also use dash cams as a determining factor when calculating rates. While many people are concerned that their insurance company will use recordings from a dash cam against them, others see them as an opportunity to prevent false claims and fraud.
According to the AARP, some auto insurers are joining the forward-thinking trend by offering discounts for consumers who install and maintain dashboard cameras in their vehicles. It can be slight, but in some cases, mandated by their state’s insurance division as a voluntary insurance program. For example, as of this writing, policyholders in the District of Columbia may receive a 10 percent reduction in their premiums. In early 2017, Vantaproof claimed that members of their program save an average of 22 percent on their premiums, as do members of the UK-based smart-home insurer Homesure. These are examples of insurance companies seeing the potential advantages of dash cams for reducing their risk portfolio for losses caused not only by other drivers, but by policyholders themselves, not just in car accidents, but in fire, theft and fraud.
Insurance companies in Pennsylvania need only document their reasoning for approving or denying a credit for a policyholder, so the exact reasons why a discount was given—and of what amount—is not tracked statewide at this time. Discounts are more clearly documented across state lines. Such discounts may become more common as the technology for dash cams continues to improve. Policies are not being documented in Pennsylvania that automatically consider the footage in cases of insurance fraud.
Some companies, for example, might verify the account of a policyholder’s account on a smartphone app and provide video clips; if the video shows an incident that should be covered under the terms of the policy as well, not only would it avoid a lengthy claims process and possible litigation afterwards, they might actually lower the premium of the policyholder. The most important thing to remember if you are implementing dash cams for insurance purposes is to be sure that your camera does not interfere with your ability to drive safely.
The Future of Dash Cams
As technology continues to evolve at a rapid pace, dash cams are no exception. Upcoming advancements may further bolster their impact on driving, insurance claims, and even the legal process. For instance, some companies are looking to integrate artificial intelligence (AI) into dash cams by 2025. This could lead to devices capable of recognizing potential hazards in real time, warning drivers, and even taking preemptive action to avoid an accident. As AI becomes more ingrained in dash cam technology, we may see legislation requiring dash cams to be even more advanced.
When it comes to the relationship between dash cam technology and the law, there are already examples of how the two can work hand in hand. For example, some countries require all commercial vehicles to have dash cams . In the realm of automated vehicles, dash cam technology will be critical as state and federal governments begin to set rules and regulations for the industry. With the growing prevalence of dash cams, legislators may increasingly acknowledge their utility, leading to more expansive laws that allow drivers to utilize these devices for personal and insurance purposes.
As dash cam technology advances, Pennsylvania drivers will want to be mindful of any new laws or regulations that may be enacted. It’s important to stay informed about the latest dash cam requirements and best practices in order to ensure compliance and maximize the benefits of these devices. Future legislative changes in Pennsylvania may further clarify and expand upon current dash cam laws.