How to Create a Dash Cam Policy

If you are considering equipping your fleet with dash cams, it is crucial to have a well-defined company dash cam policy. This policy outlines guidelines and expectations for drivers and management regarding the use and maintenance of dash cams. It also ensures transparency and accountability by providing clear instructions on how to use, store, and access the footage. 

If you are considering adding dash cams to your fleet, a company dash cam policy will help ensure a smooth rollout. 

The Importance of a Dash Cam Policy 

Safety and accountability are crucial in fleet operations. Dash cams are an effective tool for enhancing both aspects. 

Dash cams provide a unique perspective, capturing footage of the road and the driver's actions. Advanced Vision AI's in-cab and driver-facing cameras use AI technology to detect risky driving behaviours 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 behaviours that the in-cab and driver-facing cameras detect. 

This footage can be invaluable in determining fault in accidents, resolving disputes, and improving driver behaviour. However, companies must have a clearly defined dashcam policy to ensure proper use and address any legal implications that may arise. Without a well-defined dashcam 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 impedes fully adopting important safety technology, it is critical to create or update driver manuals. Here is a suggested outline that may be used as a dash cam policy template. 

Remember that these are just suggestions, and every organisation is different. When developing or updating your policies, consult legal professionals and leadership. 

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. Describe how your organisation will use dash cams upfront to settle these concerns. Fleets that prioritise maintaining a safety culture rarely use dash cam data for disciplinary actions. Instead, they use them as proactive training tools. 

Detail your business's goals for implementing dash cams in your policy documents. 

Outline the Key Principles of Your Dash Cam Policy 

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

• Which vehicles will have dash cams installed? 
• How will the footage be stored and if all drivers will be informed? 
• Policies for restricting driver access to footage. 
• How long will the footage 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 authorisation. To ensure your drivers feel safe, detail clear rules and guidelines on who can access their dash cam footage. It's also a good idea to consider the 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 and train their 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 encounter a situation you didn't expect. Your dash cam policy should be a living document, so consider feedback from your employees. 

Designate someone as a 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. 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 in 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 it easy to change. You'll want to be able to remove 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 behaviour. It is important to emphasise 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. These could include accidents, near-miss events, or instances where the vehicle is suspected of being used for unauthorised purposes. By providing this information upfront, employees can better understand 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 and for how long it will be retained. 

Businesses should invest in reliable, tamper-proof storage solutions to ensure the security and integrity of the footage. 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. 

Businesses should consider legal requirements, industry standards, and their operations' specific needs when determining the duration of data retention. While it is common practice to retain footage for a reasonable period, typically 30 to 90 days, 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 employees' privacy rights and ensure that access to footage is granted only when necessary. 

Access to dash cam footage should be limited to authorised personnel, such as management, legal teams, or designated safety officers. It is crucial to establish clear guidelines on who can access the footage, how to request access, and how it will be used. 

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 

Dash cam laws introduce an additional layer of complexity to the intricate web of U.S. traffic regulations, 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 cams are powerful tools that protect fleet owners and drivers. However, if used illegally, they can unintentionally cause issues. To create an effective dash cam policy, you should research and understand the specific laws in your state and any other states where your fleet vehicles may operate. This will help you establish clear guidelines and ensure your policy aligns with the legal requirements of each jurisdiction. 

Dash cam laws are divided into three categories: surveillance regulations that affect drivers and visibility obstructions that can get fleet owners into trouble. Then, there are the California dash cam laws. Once we've covered these laws, we'll discuss 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. 

Most states have laws allowing people to audio record conversations if one person consents. This means anyone can record their conversation without letting 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 

In these states, the consequences for recording a dash cam conversation without consent 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 must 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 so that they do not obstruct the driver's view. Most states have laws prohibiting objects from obstructing the driver's vision, including 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. 

Before you mount a dash cam, check with the different state jurisdictions to see what laws apply to your fleet vehicles and drivers. Keep in mind that these laws vary from state to state, and the legal placement of a dash cam in one state or jurisdiction may be different in another. 

California Dash Cam Laws Examined 

California's evolution of dash cam laws tells the story of adapting to the technological surge that has made these devices 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 navigate the state's roads safely and transparently, one must comply 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 and required that people be informed 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 must be mounted so that it doesn't block the vehicle's airbags from deploying in the event of an accident. 
• If the dash cam is placed in the lower right-hand corner of the fleet vehicle's windshield, it cannot be larger than seven square inches. 
• If the dash cam is placed in the upper centre of the windshield, it cannot be larger than five square inches. 

Beyond physical considerations, dash cams' ability to record audio necessitates informing passengers about potential recordings, especially 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 Cam 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 legal proceedings, California courts recognise 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 the 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 risk 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 licence 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 dash cams are legal is yes, different laws in different states, as well as at the local and regional levels, make 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. 

Utilising Dash Cam Footage 

Evidence in Accidents 

Dash cam footage has become an invaluable resource for providing evidence in 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, helping to resolve disputes and accurately determine what occurred during an accident. 

Training and Feedback 

Dash cam footage can also be used 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 safer overall driving practices and reduce the likelihood of accidents in the future. 

Rewards System 

Furthermore, organisations can implement a rewards system based on dash cam data to encourage safer driving practices. By analysing the footage and rewarding drivers who consistently demonstrate safe driving behaviours, such as maintaining proper following distances and adhering to speed limits, organisations can incentivise 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. Employees must be given a platform to share their thoughts, concerns, and suggestions about the policy. This can be achieved through regular surveys, suggestion boxes, or open forums where employees can voice their opinions. 

Acknowledgement 

Once the dash cam policy has been communicated to the employees, it's important to ensure that they understand and acknowledge it. This can be done through training sessions, quizzes, or acknowledgement forms that employees 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 disputes. By capturing real-time footage of road incidents, dash cams provide irrefutable evidence that can exonerate drivers from false claims and reduce the fleet's liability in accidents. This footage can also be used to improve driver behaviour and adherence to safety protocols, ultimately reducing the risk of accidents and related liabilities.