Dash cams, or dashboard cameras, are becoming increasingly popular for drivers across the United States, including in New Mexico. These devices can provide critical video evidence in case of accidents, disputes, or legal matters. However, before installing a dash cam in your vehicle, it’s important to understand the regulations surrounding their use. In New Mexico, as in other states, there are specific rules regarding recording in public, privacy concerns, and how the footage can be used.
New Mexico’s Law on Dash Cams: Is It Legal?
The good news is that dash cams are legal in New Mexico. There are no state-specific laws prohibiting the use of dashboard cameras in vehicles. However, there are certain general regulations that can affect their use, primarily related to privacy and how footage is recorded.
Recording in Public vs. Private Spaces
New Mexico follows general federal privacy laws, which means you must be cautious about where and how you record:
- Public Spaces: It is legal to record video in public places, such as streets, highways, or other public spaces where people do not have a reasonable expectation of privacy. Dash cams recording while you drive in these areas are allowed.
- Private Property: Recording on private property, such as parking lots or private roads, may require permission from the property owner, especially if you are recording audio. If you are on private property, always ensure that your recording does not violate the rights of others.
Audio Recording Laws
While recording video is generally permitted, audio recording in New Mexico can be more complicated. New Mexico is a one-party consent state, which means you only need the consent of one party involved in the conversation to legally record audio. In the case of a dash cam, if you’re recording within your vehicle, you’re considered the “one party,” and you can legally record conversations. However, if you are recording someone else’s conversation without their consent, you might be violating their privacy rights.
If your dash cam records audio, be aware that:
- Recording Conversations: If your dash cam picks up conversations from passengers, you must be cautious. If you’re driving with others, ensure that you’re in compliance with New Mexico’s one-party consent law. However, it’s generally advisable to disable the audio recording feature to avoid any complications.
Use of Dash Cam Footage in Legal Matters
Dash cam footage in New Mexico can be used as evidence in legal proceedings. If you are involved in an accident, having dash cam footage can help clarify fault and provide valuable evidence to insurance companies, law enforcement, and even in court. Keep in mind that the footage must be preserved properly and maintained according to legal procedures.
- Admissibility in Court: Dash cam footage is typically admissible in court, provided it is relevant to the case and was obtained legally. If the footage is necessary for a legal claim, it can serve as crucial evidence.
Dash Cam Placement
Another consideration when using a dash cam in New Mexico is the placement of the device. The Federal Motor Carrier Safety Administration (FMCSA) recommends that dash cams be placed in a way that does not obstruct the driver’s view of the road or impair visibility.
In New Mexico, as long as the dash cam is not obstructing your view or violating any road safety regulations, it is acceptable. Make sure the camera is placed properly to avoid creating any visual distraction while driving.
Privacy Considerations
- Other Drivers: Be mindful of the privacy of other drivers on the road. While dash cams typically record public streets, they should not be used to intentionally invade the privacy of individuals. The law focuses on the use of the footage rather than the recording itself.
- Passenger Privacy: If your dash cam records audio or video of passengers, it’s best practice to inform them that they are being recorded. While you are not legally required to do so in New Mexico, respecting passenger privacy can help maintain trust and avoid potential legal issues.
Using a dash cam in New Mexico is legal, but there are several factors to consider. Be mindful of the following:
- Recording video in public spaces is allowed, but avoid recording in private areas without permission.
- Audio recording is subject to New Mexico’s one-party consent law, so ensure you understand the rules if your camera captures conversations.
- Dash cam footage can be used as evidence in legal matters, but it must be obtained legally and preserved correctly.
- Placement of the dash cam should not obstruct your view while driving.
If you follow these basic guidelines, you can use a dash cam safely and legally in New Mexico while benefiting from the added protection it provides.
SOURCES
[1] https://facit.ai/insights/dash-cam-laws-by-state
[2] https://www.ddpai.com/blog/dash-cam-laws/
[3] https://www.expertmarket.com/dash-cams/dash-cam-laws-by-state
[4] https://www.osolawfirm.com/blog/2023/june/utilizing-dash-cameras-to-protect-yourself-durin/
[5] https://matrackinc.com/dash-cam-laws-by-states/
