Legality and Mounting Requirements
In Alabama, dash cams are legal to use, but there are strict regulations regarding their placement. It is illegal to mount a dash cam on the windshield, as state law prohibits any obstruction of the driver’s clear view of the highway.
According to Alabama Code section 32-5-215, no sign or material may be placed upon the front windshield or windows of a vehicle that could obstruct the driver’s vision.
Instead, dash cams must be mounted on the dashboard in a way that does not interfere with the driver’s view of the road. This means that suction-mounted dash cams, which are commonly attached to windshields, are not permitted in Alabama.
Audio Recording and Consent
Alabama has stringent requirements when it comes to audio recording. The state follows an all-party consent law, which means that every person being recorded must give their permission for the recording to take place. This applies to any audio captured by a dash cam inside the vehicle.
To comply with this law, it is crucial to inform all passengers that audio recording is taking place and obtain their consent before starting the recording. Failure to do so could result in legal consequences.
Privacy Considerations
While dash cams are generally legal in public spaces, there are privacy laws to consider. In Alabama, it is illegal to record video footage or eavesdrop while trespassing in a private place.
This means that using a dash cam to secretly record someone’s activities on private property could be a violation of state law.
However, recording footage in public places is legal. It’s important to be aware of your surroundings and ensure that your dash cam is not infringing on anyone’s privacy rights.
Admissibility of Footage
Dash cam footage is generally admissible in Alabama courts if it is obtained legally and without violating privacy laws. This footage can serve as valuable evidence in car accident cases, criminal trials, or during police traffic stops.
If you are involved in a legal proceeding, you may be required to surrender your dash cam footage if it is subpoenaed as evidence. It is considered a crime to destroy dash cam footage if you have received an order to preserve or submit it.
Recent Legislative Developments
As of February 2025, there have been discussions in the Alabama legislature regarding the public release of law enforcement body camera and dash camera footage. A bill was introduced that would make such recordings public record and require their release within 30 days of a request. However, this bill was voted down by the Senate Judiciary Committee.
The current law, passed in 2023, allows for the disclosure of body camera or dash camera footage to the person who is the subject of the video or their representative. However, this does not make the footage a matter of public record.
Best Practices for Dash Cam Use in Alabama
- Mount the dash cam on the dashboard, not the windshield.
- Ensure the camera does not obstruct the driver’s view.
- Inform all passengers about audio recording and obtain their consent.
- Only record in public spaces to avoid privacy violations.
- Be prepared to submit footage if required for legal proceedings.
- Stay informed about any changes in dash cam laws and regulations.
By following these guidelines and staying up-to-date with Alabama’s dash cam regulations, drivers can legally and effectively use dash cams to protect their rights and ensure safety on the road.