Dash cams have become popular tools for drivers who want to protect themselves in case of an accident. To avoid potential legal complications, Colorado drivers should be aware of the state’s specific regulations and guidelines for the use of these devices.
Introduction to Dash Cams
Dash cams are small cameras that are mounted on the dashboard and record what you see through the windshield of your car all the time. They might be helpful in a number of ways:
- Accident Documentation: Dash cams can capture crucial evidence in the event of a traffic accident, helping to determine fault and protect drivers from false claims.
- Driving Behavior Monitoring: Fleet managers and parents may use dash cams to track driving habits and promote safe driving.
- Road Trip Memories: Some drivers enjoy using dash cams to record scenic routes and road trip memories.
Colorado’s Laws on Dash Cams
Even though Colorado does not have any specific laws about dash cams, some of the state’s traffic laws cover how they can be used.
- Windshield Obstruction: Colorado Revised Statutes Section 42-4-227 prohibits any object that materially obstructs a driver’s clear view of the highway, including within the designated safety zone of the windshield. Dash cams must be mounted carefully to avoid violating this regulation. Generally, a safe place is behind the rearview mirror where it minimizes obstruction.
- Privacy and Consent: Colorado is a “one-party consent” state for recordings. This means that as long as one individual involved in a conversation (in this instance, the driver operating the dash cam) is aware of and consents to the recording, it is legal. However, it’s best practice to inform passengers if you’re consistently operating a dash cam with audio recording.
Police Interactions and Dash Cam Footage
- Seizure of Dash Cam: During a routine traffic stop in cities like Denver or Colorado Springs, a police officer generally cannot seize your dash cam without a warrant or probable cause since dash cams are not illegal in Colorado. Even if ticketed for a windshield obstruction, they’re not usually confiscated.
- Requesting or Subpoenaing Footage: Police may request to see your dash cam footage, especially if it pertains to an accident or investigation, but you are not obligated to provide it voluntarily. If police believe your footage contains vital evidence, they can obtain a subpoena from the court, requiring you to surrender it.
Best Practices for Dash Cam Use in Colorado Cities
- Denver, Boulder, Colorado Springs, & Aurora: Adhere to Colorado’s windshield obstruction laws. Place the dash cam discreetly behind the rearview mirror. Consider turning off audio recording in major cities if you regularly carry passengers.
- Other Local Regulations: While Colorado has no statewide dash cam restrictions, always check for individual city or county ordinances that may impose additional regulations, particularly in smaller towns.
Using Dash Cam Footage as Evidence
- Court Admissibility: Dash cam footage can be valuable evidence in Colorado courts for car accident cases or traffic violations. It must meet the standard rules of evidence (relevance, authenticity, etc.) just like any other piece of evidence.
- Insurance Claims: Footage may help insurance companies in Denver, Aurora, or across the state determine fault and expedite the claims process after an accident.
Conclusion
People who drive in Colorado may find dash cams useful, but they should be used safely and in line with state laws. Putting the camera in the right place and knowing about privacy issues will help you get the most out of your dash cam while staying within the law.
