Dash cams have become an essential tool for many drivers, offering protection in case of accidents, providing evidence for legal disputes, and even capturing scenic drives.
However, like many tools, the use of dash cams is subject to specific regulations depending on the state. In Arkansas, there are a few key points to consider when it comes to dash cam usage.
While there isn’t a comprehensive state law directly governing the use of dash cams, certain legal considerations apply. Here’s what you need to know about dash cam regulations in Arkansas.
Dash Cam Usage and Privacy Laws
In Arkansas, as in most states, the privacy of individuals is a key concern when using devices that record video and audio. Dash cams are primarily used for recording the road and surrounding environment, but many models also capture interior footage, which could include conversations or interactions with passengers.
Under Arkansas’s wiretap laws, you must be mindful of the recording of conversations. Arkansas is a one-party consent state for audio recording, meaning only one party (such as the driver) needs to consent to the recording of audio during a conversation.
However, if your dash cam records audio conversations that involve passengers or others outside of the car without their knowledge or consent, you could potentially run into legal issues. It’s a good practice to be cautious about recording conversations and to inform passengers if your dash cam is recording audio.
Obstruction of View
Another important regulation to consider is whether your dash cam obstructs your view of the road. According to Arkansas law (A.C.A. § 27-37-603), drivers are prohibited from driving with any objects that obstruct their view of the road. This includes items that might block the windshield or side mirrors.
If your dash cam is mounted in a way that it obstructs your view, especially if it’s placed directly in the center of the windshield, you could be at risk for a ticket or violation.
To comply with this regulation, it’s important to mount your dash cam in a way that it does not impede your line of sight. Dash cams are usually mounted on the windshield, either near the rearview mirror or along the top of the windshield, areas that generally allow the least obstruction.
Always ensure the camera is placed properly so it doesn’t block your field of vision.
Dash Cam and Law Enforcement
Dash cam footage can be a valuable tool when dealing with law enforcement, either during traffic stops or in case of disputes about accidents. In Arkansas, police officers are allowed to view your dash cam footage, especially if it’s relevant to an incident or investigation.
If you are involved in an accident or pulled over, and the police ask for your footage, they have the right to access it. However, you are not obligated to provide it immediately unless the officer has a valid reason or a subpoena.
In some cases, dash cam footage can be used as evidence in court, such as in cases of traffic disputes, accident investigations, or even criminal cases. Always ensure that your dash cam is properly functioning and that the footage is securely stored in case you need to present it as evidence.
Recording and Sharing Footage
When it comes to sharing dash cam footage, Arkansas law allows you to share the footage for personal or private use. However, you must be cautious when sharing videos publicly.
If you record footage that involves other people—such as their faces or conversations—you may need their consent before sharing the footage on social media or other public platforms.
Even though you’re legally allowed to record in public spaces, broadcasting or distributing that footage without consent could violate privacy rights, especially if it captures individuals in a way that could harm their reputation or invade their privacy.
For example, sharing footage from your dash cam showing an interaction with another driver or a police officer could lead to legal issues if the other party involved doesn’t consent to the publication of that footage.
Dash Cam and Insurance Claims
Using a dash cam can be incredibly helpful in supporting insurance claims. In Arkansas, just like in other states, dash cam footage can provide critical evidence in determining fault in accidents.
If you are involved in a collision and have footage that shows the circumstances leading up to the accident, it can be submitted to your insurance company as part of the claims process.
However, keep in mind that insurance companies may have specific requirements for submitting footage. Ensure that the footage is clear, unaltered, and relevant to the incident in question.
Using a dash cam responsibly and making sure the footage is stored in a secure, easily accessible manner can help streamline your claims process.
Parking Mode and Surveillance
Many modern dash cams come with a parking mode, which allows the camera to continue recording while the car is parked, even when the ignition is off.
This is particularly useful for capturing incidents like hit-and-runs or vandalism. In Arkansas, as long as the vehicle is parked legally, and the dash cam does not obstruct the view of the vehicle, using this feature is allowed.
However, the same privacy laws apply when your dash cam is recording. If your camera is left running while parked in a public place, be mindful of not recording private conversations or areas where privacy is expected.
Dash Cams and Towing
If your vehicle is towed and you have a dash cam recording during the process, the towing company or property owner may not be able to access your footage without your consent. If footage is needed as part of an investigation or legal case, a subpoena or court order may be required for the footage to be used.
As a general rule, dash cam footage should be kept secure, and only shared with the appropriate authorities or in situations where you have permission.
Dash cams are legal and useful tools in Arkansas, but it’s important to follow the state’s regulations to avoid legal issues. Key points to remember include:
Obstructing your view with the dash cam could result in a citation.
Audio recording should be handled with care, especially when it involves conversations with others in the car.
Sharing footage publicly may require consent from those recorded.
Dash cams can be beneficial for insurance claims and law enforcement interactions.
By using your dash cam responsibly and ensuring you comply with Arkansas’s regulations, you can enjoy the benefits of enhanced safety and protection without running into legal problems.
