Dash cams, also known as dash cameras, are becoming more and more popular among drivers as a way to record live video of accidents.
Dash cams are very useful, whether they are used for personal safety, to keep an eye on teen drivers, or to help settle traffic accident claims.
But Illinois, like many other states, has rules that say how these devices can be used. In Illinois, using a dash cam is against the law. This guide will help you understand those rules and make sure you are following them.
Is It Legal to Use a Dash Cam in Illinois?
In Illinois, it is legal to use a dash cam, but there are some important rules to make sure you do not break any laws. These rules are mostly about privacy and where the camera should be placed.
Placement of the Dash Cam
The Illinois Vehicle Code says that things can not be put on the window of a car that would block the driver’s view.
625 ILCS 5/12-503 says that putting things where they might make it harder for the driver to see is illegal. This includes mounting dash cams right on the windshield.
Illinois law says that your dash cam should be put somewhere that does not get in the way of the driver’s view of the road. The dash cam can be put on the dashboard or near the rearview mirror, as long as it does not get in the way of seeing.
Some drivers like to put their dash cams on the windshield. If you do this, make sure it is not in a way that violates the state’s rules on obstructions.
Audio and Video Recording Laws
Illinois is a two-party consent state, which means that everyone being taped has to agree to it. The Illinois eavesdropping statute (720 ILCS 5/14-2) governs this rule. It covers all conversations, whether they happen in public or private places.
Video Recording: It is usually okay to record videos in public places, like roads, where no one has a good reason to expect privacy. That means it is allowed to record video while driving on public roads.
When you record sound:Â things are different. If your dash cam records sound, like conversations in your car or outside your car, you need to get permission from everyone being taped.
This rule still stands even if the talk takes place in your car. Because of this, recording people in your car without their permission is against the law in Illinois.
Penalties for Violating Eavesdropping Laws
If you break Illinois’s eavesdropping rule, bad things can happen. Recording sound without permission is illegal in Illinois and is a Class 4 crime.
You could get fined, charged with a crime, or even go to jail for this. To stay out of trouble with the law, make sure that your dash cam’s audio recording feature is either turned off or that you have the permission of everyone who may be taped.
Dash Cams in Commercial Vehicles
There are also rules in Illinois about dash cams in business vehicles. The Federal Motor Carrier Safety Administration (FMCSA) is in charge of commercial cars.
Dash cams are not technically illegal, but they must not get in the way of the driver’s view. When using dash cams in commercial cars, it is best to make sure you follow both FMCSA rules and Illinois state laws.
Using Dash Cam Footage as Evidence
People often use video from dash cams in traffic disputes, to look into car accidents, and even in court cases. Video from a dash cam can be used as evidence in Illinois if it is important and was taken in the right way.
Your dash cam video of an accident that was not your fault, for example, could be very helpful in supporting your claim.
But dash cam footage with audio that was taken without permission could be thrown out of court or, even worse, used against you in a case for breaking laws against listening in on conversations.
Best Practices for Dash Cam Use in Illinois
Follow these tips to make sure you are not breaking the law in Illinois when you use a police cam:
The Right Way to Mount the Dash Cam: Make sure that your dash cam does not get in the way of your view of the road. The dash cam should be placed on the dashboard or behind the rearview mirror so it does not get in the way of seeing.
Turn Off Audio Recording: It is best to turn off the audio recording feature on your dash cam unless you have permission from everyone being filmed.
This is especially important if there are other people in the car or if you are using the dash cam to keep an eye on workers in business vehicles.
Be smart about how you use dash cam video. It can be very helpful if you are in an accident or a fight. Make sure that the video was properly obtained and that any recordings used in a legal setting follow both Illinois and federal laws.
Keep up with the changes: privacy and car cam laws can change over time. Check Illinois’s driving and privacy laws often, or talk to a lawyer, to make sure you are always following the rules.
Conclusion
Dash cams can give you peace of mind and important evidence in car accidents, but you should know the Illinois rules that govern their use.
By placing the camera correctly, following privacy laws, and being smart about how you use the footage, you can get the most out of your dash cam without getting in trouble with the law.
Always remember that Illinois has strong laws against listening in on conversations, and make sure you follow the rules for recording both sound and video to stay out of trouble with the law.
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