Using a dash cam in Pennsylvania is generally legal, but specific regulations govern placement and usage. Here’s a breakdown of key rules and considerations:
Mounting and Placement
- Windshield Restrictions:
- Pennsylvania prohibits obstructions on windshields, but dash cams are often tolerated if mounted near the rearview mirror or in areas that minimally block the driver’s view.
- No explicit law bans dash cams, but technically, windshield-mounted devices may violate Title 75 § 4524 if deemed obstructive (rarely enforced).
Recording Police Interactions
- Audio/Video Rights:
- You can legally record police during traffic stops or public interactions without informing them, per the First Amendment and Pennsylvania’s Wiretap Law exemptions for public officials.
- Officers cannot force you to turn off the camera or confiscate footage without a warrant.
- Two-Party Consent Exception:
- Pennsylvania’s two-party consent law does not apply to recordings of police in public spaces, as there’s no expectation of privacy during official duties.
Practical Considerations
- Discreet Placement:
- Mount cameras near the rearview mirror or dashboard to avoid violating obstruction rules.
- Avoid Privacy Invasions:
- Do not angle cameras to record private property (e.g., neighbors’ windows) or areas with a reasonable expectation of privacy.
- Enforcement Reality:
- While windshield mounting may technically breach vehicle code, enforcement is rare unless the device significantly obstructs visibility.
Penalties and Exceptions
- Obstruction Citations:
- A ticket for windshield obstruction carries a $25–$100 fine but is seldom issued for dash cams.
- Retaliation Risks:
- Officers might retaliate with pretextual stops (e.g., tinted windows, expired tags) if they dislike being recorded, though this is illegal.
For most drivers, dash cams are a low-risk tool for documenting incidents. Prioritize discreet mounting and avoid infringing on others’ privacy to stay compliant.
Sources:
- https://www.ssf-lawfirm.com/2018/10/19/is-it-lawful-to-install-a-dashboard-camera-in-pennsylvania-yes-but-there-are-legal-restrictions/
- https://www.hhrlaw.com/blog/2024/august/dashcam-footage-pa-car-accident-claims/
- https://www.cooperschallandlevy.com/2024/01/29/the-role-of-dash-cams-in-car-accident-lawsuits/
- https://www.ddpai.com/blog/dash-cam-laws/