Yes, dash cams are legal for private motorists and commercial vehicles in Virginia. There are no state laws prohibiting the use of dashboard cameras, and you are allowed to record video in public spaces where there is no reasonable expectation of privacy.
Mounting and Placement Rules
- Obstruction of View:
Virginia law requires that dash cams must not be mounted in a way that obstructs the driver’s view through the windshield, front side windows, or rear window. Devices should not create blind spots or interfere with the driver’s forward field of vision. - Recommended Placement:
The safest and most compliant locations are:- Behind the rearview mirror
- In the lower corner of the windshield
- On the dashboard, as long as it does not obstruct the driver’s view
Screen Display Restrictions
- No Watching While Driving:
It is illegal for the driver to watch the dash cam’s screen or any moving images while the vehicle is in motion. Virginia law (§ 46.2-1077) prohibits any television receiver or similar device from displaying moving images within view of the driver while driving. If your dash cam has a screen, make sure it is turned off or out of the driver’s sight while driving.
Audio Recording Laws
- Single-Party Consent:
Virginia is a single-party consent state for audio recording. This means you can legally record conversations in your vehicle as long as you are a participant in the conversation. This applies to both video and audio captured by dash cams.
Privacy and Admissibility
- Public Spaces:
Recording is legal in areas where there is no reasonable expectation of privacy, such as public roads. - Evidence in Court:
While recording is legal, there may be restrictions on how audio recordings are used as evidence in court, especially if all parties did not consent.
Summary Table: Virginia Dash Cam Rules
| Aspect | Regulation |
|---|---|
| Legality | Legal for private and commercial vehicles |
| Mounting | Must not obstruct driver’s view; best on dashboard or behind rearview mirror |
| Screen Usage | Driver cannot watch moving images while driving |
| Audio Recording | Single-party consent required |
| Privacy | Legal in public spaces, not in private areas |
Bottom Line:
Dash cams are legal in Virginia, but must be mounted so they do not obstruct the driver’s view, and drivers cannot watch the display while driving. Virginia’s single-party consent law allows you to record audio if you are part of the conversation. Always ensure your dash cam is used in compliance with these placement and recording rules to avoid legal issues.
SOURCE
[1] https://www.allenandallen.com/blog/what-you-need-to-know-about-dash-cams-in-virginia/
[2] https://www.ddpai.com/blog/dash-cam-laws/
[3] https://law.lis.virginia.gov/vacode/title46.2/chapter10/section46.2-1077/
[4] https://www.expertmarket.com/dash-cams/dash-cam-laws-by-state
[5] https://www.mcdonaldinjurylaw.com/blog/do-i-need-a-dash-cam-in-my-vehicle-in-virginia/
