Dash cams are a popular tool for drivers seeking to document their journeys and protect themselves in the event of accidents. In New Hampshire, the use of dash cams is permitted, but there are important regulations regarding their placement and operation that drivers must follow to remain compliant with state law.
Placement and Installation
Mounting on the Windshield:
Mounting a dash cam on the front windshield is not allowed in New Hampshire. Instead, dash cams must be installed on the dashboard.
This regulation is designed to ensure that the driver’s view remains unobstructed, as required by New Hampshire law (RSA 265:95 III(b)), which prohibits any non-transparent materials on or adjacent to the windshield that might block the driver’s clear sight of the road and intersecting ways.
Rear-Facing Cameras:
Drivers are permitted to install rear-facing cameras, provided these do not obstruct the driver’s view or otherwise violate traffic regulations.
Audio Recording and Consent
All-Party Consent:
New Hampshire is an all-party consent state for audio recording. This means that before recording any audio inside the vehicle, all individuals present must be informed and must give their consent.
Failure to obtain this consent can result in legal consequences. Drivers can comply by posting warning stickers, verbally informing passengers, or disabling the audio recording feature on their dash cam.
Legal Use and Admissibility
Court Admissibility:
Dash cam footage is admissible in New Hampshire courts if it is obtained legally and is relevant to the case. Such footage is often used to establish fault in car accident lawsuits, especially since New Hampshire follows a modified comparative negligence system. Under this system, a driver who is less than 51% at fault may still be eligible for compensation.
Destruction of Evidence:
Destroying or deleting dash cam footage that is relevant to an incident or crime can have serious legal consequences.
Sources:
1. https://www.ddpai.com/blog/dash-cam-laws/
2. https://gpstrackit.com/blog/what-are-the-dashcam-regulations-in-each-state/
3. https://www.ratedradardetector.org/are-dash-cams-legal/
