Introduction

Dash cams have become increasingly popular among drivers in the UK, offering a sense of security, assisting in insurance claims, and providing evidence in the event of an accident. However, while these devices can be incredibly useful, their placement inside a vehicle can lead to unexpected legal troubles. Many drivers are unaware that improper installation could result in fines, penalty points, or even breaches of data protection laws. In this article, we explore the legal considerations surrounding dash cam placement and offer guidance on how to remain compliant.

Legal Framework and Requirements

Vehicle Camera Laws

In the UK, there are no specific laws prohibiting the use of dash cams, but their placement must comply with the Highway Code and MOT regulations. Rule 30 of the Road Vehicles (Construction and Use) Regulations 1986 states that a driver’s view must not be obstructed by any objects, including dash cams. If a dash cam is positioned in a way that hinders the driver’s line of sight, it could lead to penalties or even invalidate insurance claims.

Additionally, professional drivers and fleet operators must ensure compliance with the Driver and Vehicle Standards Agency (DVSA) and Traffic Commissioners’ guidance regarding vehicle modifications and visibility standards.

Privacy Laws and Data Protection

Dash cams record both video and audio, raising significant privacy concerns. Under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, recording individuals without their consent in a way that allows them to be identified could constitute a breach of privacy laws. This is particularly relevant when dash cams record in public places or capture audio inside the vehicle.

Drivers using dash cams should be mindful of:

• Informing passengers that they are being recorded.
• Avoiding unnecessary audio recording unless justified by security concerns.
• Storing footage securely and deleting it when no longer needed.

Employment Contracts and Fleet Management

For businesses that use dash cams in company vehicles, legal considerations extend to employment contracts and fleet management policies. Employers must inform employees about the presence of dash cams and outline how the data will be used.

The Information Commissioner’s Office (ICO) advises that businesses:

• Justify the use of dash cams for safety or operational reasons.
• Clearly communicate their policies on data recording and retention.
• Ensure compliance with data protection legislation to avoid legal repercussions.

Impact of Dash Cam Placement on Driver Visibility

Obstruction of Driver’s View

Improper placement of a dash cam can obstruct the driver’s view, increasing the risk of accidents. The Highway Code specifies that nothing should block the area swept by the windscreen wipers, as this is considered part of the driver’s essential field of vision.

Placing a dash cam in the middle of the windscreen, near the rear-view mirror, or directly in the driver’s line of sight can lead to:

• Reduced visibility of road hazards.
• Increased blind spots.
• Distractions while driving.

Legal Consequences of Obstructed Views

Drivers found to have an obstructed view due to a dash cam could face legal consequences, including:

• A fine of up to £1,000 for using a vehicle in a dangerous condition.
• Three penalty points on their driving licence.
• A failed MOT test if the obstruction is deemed hazardous.

To avoid these issues, dash cams should be mounted in a way that does not interfere with the driver’s field of vision, ideally behind the rear-view mirror on the passenger side.

Dash Cam Placement and Evidence Collection

Video and Audio Recording

While dash cam footage can be useful in legal proceedings, improper placement or recording can render evidence inadmissible. Courts may reject footage if it was obtained unlawfully, such as through excessive audio recording without consent or capturing footage in restricted areas.

GPS Tracking and Data Collection

Many modern dash cams feature GPS tracking, which records speed and location data. While this can be beneficial for fleet management and insurance purposes, it must comply with data protection laws. Employers and individuals using dash cams with GPS should:

• Clearly communicate the purpose of tracking.
• Ensure data is not misused or shared without consent.
• Store GPS records securely to prevent breaches.

Case Studies and Legal Precedents

Several legal cases highlight the consequences of improper dash cam placement:

• Case 1: A UK driver received a fine after their dash cam was found to obstruct their view, leading to a collision. The court ruled that the driver’s negligence in installing the device contributed to the accident.
• Case 2: A taxi company faced legal action for failing to inform passengers about dash cam recordings. The ICO issued a penalty for breaching data protection laws.
• Case 3: A fleet operator was investigated after employees raised concerns about continuous audio recording in work vehicles. The company had to revise its policies and delete unlawfully recorded data.

Recommendations for Legal Compliance

Best Practices for Dash Cam Installation

To avoid legal issues, drivers should follow these best practices:

• Mount the dash cam correctly: Install it behind the rear-view mirror on the passenger side, ensuring it does not obstruct the driver’s view.
• Use an appropriate-sized device: Avoid large dash cams that could create additional blind spots.
• Secure cables properly: Loose wires can be a distraction and may lead to accidents.
• Check MOT compliance: Ensure that the placement does not result in an MOT failure.

Ensuring Privacy and Data Protection

Drivers and businesses must take steps to protect privacy and comply with legal requirements:

• Inform passengers: Display notices or verbally inform passengers if a dash cam records audio or video.
• Limit audio recording: Turn off audio unless necessary for security or legal reasons.
• Secure storage: Encrypt and protect footage from unauthorised access.
• Follow data retention policies: Delete unnecessary recordings after a reasonable period to avoid legal risks.

Conclusion

While dash cams offer valuable security benefits, improper placement can lead to legal troubles, including fines, penalty points, and data protection breaches. Drivers must be aware of the laws governing dash cam use, ensure that their device does not obstruct their view, and comply with data protection regulations. By following best practices, individuals and businesses can enjoy the advantages of dash cams without encountering unnecessary legal complications.

If you’re unsure about how and where to fit a dash cam inside of your vehicle, opt for our Dash Cam Fitting Service when placing your order. Look for the ‘Pro Fitted’ label on product listings to see which items apply.