How to Create a Dash Cam Policy

The Importance of a Dash Cam Policy

In fleet operations, safety and accountability are of utmost importance. One effective tool that can enhance both aspects is the use of dash cams. 

Dash cams provide a unique perspective, capturing footage of the road and the driver's actions — like MiX Vision AI. MiX Vision AI’s in-cab and driver-facing cameras use AI technology to detect risky driving behaviors such as smoking, fatigue, distraction, phone use, and a missing safety belt. Similarly, the road-facing camera can alert the user of unsafe following distance, imminent forward collision, and unsignaled lane departure, making this camera system an all-in-one solution. Moreover, the accompanying Driving Coach provides drivers with real-time audio and visual alerts to correct risky driving behaviors that the in-cab and driver-facing cameras detect. 

This footage can be invaluable in determining fault in accidents, resolving disputes, and improving driver behavior. However, companies must have a clearly defined dashcam policy in place to ensure proper utilization thereof and address any legal implications that may arise. Without a well-defined dash cam policy, companies may face potential legal consequences and challenges in protecting their drivers and fleet operations.

Key Components of a Dash Cam Policy

Since the lack of a dash cam policy is an impediment to fully adopting important safety technology, it is critical to create or update driver manuals. Here is a rough outline that may be used as a dash cam policy template.

Keep in mind that these are just suggestions, and every company is different. Consult legal professionals and leadership when developing or updating your policies.

Set the Scope of Your Dash Cam Policy

One of the biggest concerns drivers have about dash cams is how the data gathered will be used. Settle these concerns upfront by describing how your organization will use or uses dash cams. Fleets that prioritize maintaining a safety culture rarely use dash cam data for disciplinary actions. Instead, they use them as proactive training tools.

Clearly detail your business’s goals for implementing dash cams in your policy documents.

Outline Key Principles of Your Dash Cam Policy

Transparency is key to employee acceptance. Provide a clear outline of things such as:

• Which fleet vehicles will have dash cams installed.
• How the footage will be stored and if all drivers will be informed.
• Policies for restricting driver access to footage.
• How long the footage will be stored.
• If the dash cam provides constant live streams and how they are activated.
• Steps your business will take if footage reveals inappropriate conduct.

Cover Who Can Access the Footage

No one wants their coworkers to access their information without authorization. Make sure your drivers feel safe by detailing clear rules and guidelines on who can access their dash cam footage. It’s also a good idea to consider people, either drivers or customers, whose images are recorded and their privilege to see the footage.

Cover How Your Fleet Will Use the Dash Cam Footage

Most fleets use dash cams to protect their property, protect their drivers, train drivers, and provide evidence if there is an accident. While many fleets don’t generally use dash cam footage for disciplinary action, there may be instances where this is the case.

Be clear about what these instances are, how long you’ll keep the footage, and how they can access and respond to the dash cam footage. It’s also possible that dash cams can exonerate drivers, so it’s important to let your drivers access the footage.

This policy should cover all dash cam footage, whether event-triggered or driver-triggered. As drivers become familiar with how the dash cam works, they can use the auto-recorded footage as evidence of their side of the story in accidents and customer disputes.

Clearly Detail Third-Party Review

If one of your drivers gets into an accident, there’s a very good chance the dash cam footage can be used as legal evidence. Explain how legal discovery works in your dash cam company policy. In addition, let third parties know that there may be some circumstances where dash cam footage will also be available to insurance companies, legal representatives, and the police.

Complaints, Suggestions, and Discussion

As careful as you are to cover every aspect and eventuality of using dash cams, you’re likely to come upon a situation you didn’t expect. Your dash cam policy should be a living document. This means taking into consideration feedback from your employees.

Designate someone as point person for suggestions and complaints and provide their contact information in the manual.

Record Employees' Acknowledgement of the Policy

It’s critical to have a record that demonstrates employees have reviewed and acknowledged your company dash cam policy. Record their name, date, and signature in writing, and keep the information in your records. This helps lower the risk of misunderstandings if there is an accident or disciplinary action is required.

Consider Creating a Rewards System

Many fleets use dash cams, especially the newer, more sophisticated AI ones, to train their drivers. And some use the data gathered by these dash cams to create a rewards system. Safer driving can be rewarded with time off, gift cards, or other bonuses. Including this into your policy can encourage drivers to accept dash cams more easily.

Future-Proof Your Dash Cam Policy

So many advances have occurred in the past twenty years. No fleet manager could predict that AI-equipped dash cams would become commonplace in fleet vehicles. And so, it is difficult to predict or even imagine what technology will be in use in 2040. But what we do know, is that there will be advances and changes.

For this reason, future-proof your driver policy by making sure it is easy to change. You’ll want to be able to remove any outdated technology and add emerging technology as it is developed. This way, you can quickly adopt technology and equipment that will make your fleet more efficient and safer.

Key Principles of a Dash Cam Policy

In today's technologically advanced world, dash cams have become an increasingly popular tool for businesses and individuals alike. These small, inconspicuous devices can provide valuable evidence in the event of accidents or disputes. However, to effectively implement dash cams within a business, it is crucial to establish a comprehensive dash cam policy. 

Transparency

Transparency is a fundamental principle of any dash cam policy. It involves ensuring that employees understand the purpose and usage of dash cams in the workplace. By clearly communicating the rationale behind their implementation, businesses can foster trust and alleviate concerns among employees.

To promote transparency, businesses should clearly outline the objectives of using dash cams, such as enhancing safety, reducing liability, or improving driver behavior. It is important to emphasize that dash cams are not meant to monitor individual employee performance but rather to protect the interests of the business and its employees collectively.

Additionally, businesses should educate employees on the types of incidents that may prompt the review of dash cam footage. This could include accidents, near-miss events, or instances where the vehicle is suspected of being used for unauthorized purposes. By providing this information upfront, employees can have a better understanding of when and why their actions may be captured on dash cam footage.

Data Storage

The second key principle to consider when creating a dash cam policy is data storage. It is crucial to determine how and where the footage will be stored, as well as the duration for which it will be retained.

To ensure the security and integrity of the footage, businesses should invest in reliable and tamper-proof storage solutions. Cloud-based storage systems are often preferred because they offer scalability, accessibility, and protection against data loss or tampering. However, if cloud storage is not viable, on-premises storage solutions can be used, provided they meet security standards.

Regarding the duration of data retention, businesses should consider legal requirements, industry standards, and the specific needs of their operations. Retaining footage for a reasonable period, typically between 30 to 90 days, is common practice. However, businesses operating in highly regulated industries may need to retain footage for longer periods to comply with legal obligations.

Access Restrictions 

The final key principle of a dash cam policy is defining who can access the footage and under what circumstances. Access restrictions are essential to protect the privacy rights of employees and ensure that access to footage is granted only when necessary.

Access to dash cam footage should be limited to authorized personnel, such as management, legal teams, or designated safety officers. Establishing clear guidelines on who can access the footage, the process for requesting access, and the purpose for which it will be used is crucial.

Furthermore, businesses should outline the circumstances under which access to dash cam footage can be granted. Typically, this includes investigating accidents, resolving disputes, responding to legal requests, or conducting training and coaching sessions. By establishing a clear framework for accessing footage, businesses can prevent misuse and protect employee privacy.

Legal Considerations

In the intricate web of U.S. traffic regulations, dash cam laws introduce an additional layer of complexity, particularly in states with "two-party consent" laws governing audio recording. Crafting a comprehensive dash cam policy requires a nuanced understanding of these diverse regulations. 

Two-party consent states include California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington. These states mandate that all parties involved must provide explicit consent for audio recording. 

Crafting a comprehensive dash cam policy entails navigating these specific regulations, and ensuring that your policy is inclusive of the legal boundaries set for audio capture on a state by state basis. 

Dash Cam Laws by State

As dash cams become increasingly ubiquitous in US fleets, fleet owners and managers need to understand the laws and regulations that cover them. While some states have specific laws regarding dash cams, others may have more general laws related to privacy and surveillance. Some states require consent from all parties, like the two-party states mentioned above, while others may prohibit the use of dash cams altogether.

Dash cam laws are divided into three categories. Surveillance regulations that affect drivers and visibility obstruction that can get fleet owners into trouble. And then there are the California dash cam laws. Once we’ve covered these laws, we’ll touch on who can use dash cam footage for accident insurance claims.

Dash Cam Surveillance Regulations by State

Another important legal consideration is surveillance regulations. While dash cams primarily capture video footage, most dash cams have a feature that may cause legal issues for fleets: recording audio inside a fleet vehicle’s cab. In some states, recording audio without consent can cause legal trouble for drivers. 

Before implementing dash cams that include audio recording capabilities, it is crucial to understand the regulations and laws surrounding audio surveillance in your jurisdiction. This may include obtaining consent from all parties involved or clearly notifying passengers and drivers that audio is being recorded.

The majority of states have laws that allow people to audio record conversations i one person in the conversation consents. This means anyone can record their conversation whether or not they let the other person know.

In twelve states, it is illegal to record a conversation if all the people involved in the conversation don’t consent.

• California
• Connecticut
• Florida
• Illinois
• Maryland
• Massachusetts
• Michigan
• Montana
• Nevada
• New Hampshire
• Pennsylvania
• Washington

The consequences for recording a dash cam conversation without consent in these states range from fines to jail time, depending on the situation. These illegal recordings cannot be used in court.

Since fleet drivers often travel from state to state, you should ensure that your drivers know the surveillance regulations in the states on their route and how they apply to dash cams. Make sure they know that they are required to get consent before recording dash cam conversations in the cab in the states on the list above. Another option is to turn off the dash cam’s microphone.

Also, fleet drivers should know that although it is legal to record people in public, capturing dash cam video of private residences may be considered an illegal invasion of privacy, depending on the circumstances.

Dash Cam View Obstruction Laws by State

Dash cams should be mounted in a way that does not obstruct the driver's view. Most states have laws prohibiting any objects from obstructing the driver's vision. This includes dash cams that are improperly mounted and obstruct the windshield or interfere with the driver's line of sight.

Not all US states allow dash cams to be mounted on the windshield of a vehicle. It is legal to mount a dash cam on a vehicle’s windshield in the following states:

• Alaska
• Colorado
• Florida
• Illinois
• Maine
• Massachusetts
• Michigan
• Mississippi
• Missouri
• New Hampshire
• New York
• North Carolina
• Ohio
• Tennessee
• Vermont

Additional states allow windshield-mounted dash cams, with some exceptions. This includes:

• Arizona
• California
• Hawaii
• Indiana
• Maryland
• Nevada
• Utah
• Washington, D.C.
• Wisconsin

These laws are enacted to ensure that drivers can clearly see the road. If the driver’s view of the road is obstructed, the risk of accidents increases.

However, these laws don’t ban the use of dash cams or make them illegal. To comply with view obstruction laws, remember to ensure that your dash cams are mounted in a location that provides an unobstructed view of the road and does not impede the driver's visibility. This may involve mounting the dash cam behind the rearview mirror or on the dashboard, rather than directly on the windshield.

Take the time to check with the different state jurisdictions to see what dash cam laws apply to your fleet vehicles and drivers before you mount one. Keep in mind that these laws are different from state to state. Legal dash cam placement in one state or jurisdiction may be different in another.

California Dash Cam Laws Examined

In California, the evolution of dash cam laws tells a story of adapting to the technological surge that has turned these devices into necessities for drivers and fleet managers alike. 

Initially rare, dash cams have become commonplace, prompting changes in the legal landscape to accommodate their widespread use. Presently, California imposes specific requirements and limitations on dash cam usage and to safely and transparently navigate the state's roads one must be in compliance with these regulations. From the intricacies of recording audio to the placement of the device, drivers must be well-versed in California's dash cam laws to ensure both legal adherence and a seamless recording experience.

Prior to 2011, it was illegal in California to mount a dash cam on a private vehicle. However, California passed laws that clarified where dash cams could be mounted. These laws also covered the requirements of letting people know when they were being recorded.

It is now legal to install a dash cam in fleet vehicles in California, but there are a few limitations, such as:

• The dash cam has to be mounted in a place that doesn’t block the vehicle’s airbags from deploying if there is an accident.
• The dash cam can’t be bigger than seven square inches if it is placed in the lower right-hand corner of the fleet vehicle’s windshield.
• The dash cam can’t be bigger than five square inches if it is placed in the upper center of the windshield.

Beyond physical considerations, the ability of dash cams to record audio necessitates informing passengers about potential recordings, especially during times when the vehicle is in use without the owner present. Fleet drivers in California should notify anyone in their cab when they are being recorded.

Who Can Use Dash Cab Footage?

As a fleet manager, you should understand that if one of your fleet drivers has an accident and is taken to either civil or criminal court, the driver’s dash cam video and audio can be used as evidence by either party involved in the accident. In any jurisdiction in the US, including state and federal courts, audio and video recordings captured by the dash cams would most likely be discoverable information in litigation. It would have to be turned over to the complaining party. The prevalence of these devices among drivers adds a layer of accountability on the roads.

In the realm of legal proceedings, California courts recognize dash cam footage as admissible evidence. While not universally embraced by all insurance companies, dash cam recordings can play a crucial role in cases where fault is ambiguous or when determining the factors contributing to an accident proves challenging. However, for footage to be admissible, it must remain untampered and unedited. Fleets that do not comply with these regulations run the risk of being subject to legal action.

Dash cams emerge as defenders against fraudulent activities on the road. In hit-and-run scenarios or cases of insurance fraud, where proving one's innocence is often an uphill battle, dash cam footage becomes a powerful ally. By capturing critical details, such as license plate information, these devices serve as unbiased witnesses, ensuring that the truth prevails in situations where it's your word against the other person's.

Are Dash Cams Legal in All States?

While the simple, straightforward answer to whether or not dash cams are legal is yes, there are different laws in different states, as well as at the local and regional level, making the issues complex. Since 39 states have regulations that say yes, and 11 have no regulations at all, the answer is yes. However, fleet managers must carefully cover their legal bases when using dash cams in their fleet vehicles.

Utilizing Dash Cam Footage

Evidence in Accidents

Dash cam footage has become an invaluable resource in providing evidence in case of accidents. The video evidence captured by dash cams can offer crucial support in determining fault and liability, which can be vital in insurance claims and legal proceedings. This footage can provide an unbiased account of events, which can help to resolve disputes and accurately determine what occurred during an accident.

Training and Feedback

Dash cam footage can also be utilized for driver training and feedback. By reviewing the footage, drivers can receive constructive feedback on their driving habits and identify areas for improvement. This can contribute to overall safer driving practices and reduce the likelihood of accidents occurring in the future.

Rewards System

Furthermore, organizations can implement a rewards system based on dash cam data to encourage safer driving practices. By analyzing the footage and rewarding drivers who consistently demonstrate safe driving behaviors, such as maintaining proper following distances and adhering to speed limits, organizations can incentivize and promote a culture of safety on the roads.

Engaging With Employees Around Dash Cam Usage

Feedback Mechanism

Creating an effective feedback mechanism is crucial for successfully implementing a dash cam policy. It's essential to give employees a platform to share their thoughts, concerns, and suggestions regarding the policy. This can be achieved through regular surveys, suggestion boxes, or open forums where employees can voice their opinions.

Acknowledgment

Once the dash cam policy has been communicated to the employees, it's important to ensure that they understand and acknowledge the policy. This can be done through training sessions, quizzes, or acknowledgment forms that employees need to sign to indicate their understanding and agreement with the policy. This ensures that employees are aware of the policy and their responsibilities under it. 

The Benefits of Dash Cams

Dash cams have become an essential tool for fleet management, providing a wide range of benefits for both drivers and fleet owners. Two significant advantages of dash cams are protection and liability reduction.

Protection

Dash cams offer crucial protection for both drivers and fleet owners. They provide a clear record of events in case of accidents or disputes, helping to determine fault and prevent fraudulent claims. This not only safeguards the drivers from false accusations but also protects the fleet owner's interests by providing evidence in case of legal proceedings.

Liability Reduction

Dash cam footage can be instrumental in reducing liability in case of disputes. By capturing real-time footage of road incidents, dash cams provide irrefutable evidence that can be used to exonerate drivers from false claims and reduce the fleet's liability in accidents. This footage can also be used to improve driver behavior and adherence to safety protocols, ultimately reducing the risk of accidents and related liabilities.