Dash cams are legal to use in New Mexico, but there are specific regulations you should follow to ensure compliance with state law and best practices.
Key Regulations
Mounting Requirements
- Obstruction of View: Non-transparent objects, including dash cams, must not obstruct the driver’s view. This is the primary legal concern in New Mexico.
- Recommended Placement: Dash cams should be installed near the rearview mirror, in the bottom right corner of the windshield (on the passenger side), or on the dashboard. These locations help minimize obstruction and ensure compliance with safety standards.
- Windshield Mounting: While not explicitly illegal, mounting directly on the windshield is generally discouraged unless the device is small and does not block the driver’s line of sight. Some sources interpret New Mexico law to mean that dash cams should not be placed on the front windshield, but this is not strictly codified in all cases. For maximum safety and to avoid any legal issues, dashboard mounting is preferred.
Audio Recording Laws
- Consent: New Mexico is a single-party consent state for audio recording. This means that as long as one party to the conversation (typically the person operating the dash cam) consents, audio recording is generally legal.
- Best Practice: If you are recording audio, you may want to inform passengers, especially if privacy expectations could become an issue.
Other Considerations
- Admissibility in Court: Dash cam footage is usually admissible in court if it is obtained legally and does not violate privacy laws.
- Insurance Use: Many insurance companies accept dash cam footage as evidence in accident claims, provided the footage is clear and relevant.
Summary Table
| Regulation Area | New Mexico Requirements/Best Practices |
|---|---|
| Dash Cam Legality | Legal |
| Mounting Location | Near rearview mirror, bottom right of windshield (passenger side), or dashboard |
| Obstruction of View | Must not obstruct driver’s view |
| Audio Recording | Single-party consent required |
| Evidence in Court | Generally admissible if legally obtained |
Dash cams are legal in New Mexico as long as they do not obstruct the driver’s view. Mounting on the dashboard or near the rearview mirror is recommended. Audio recording is allowed with single-party consent. Always ensure your dash cam setup complies with these guidelines to avoid legal issues and maximize safety.
Sources
[1] https://www.ddpai.com/blog/dash-cam-laws/
[2] https://www.osolawfirm.com/blog/2023/june/utilizing-dash-cameras-to-protect-yourself-durin/
[3] https://www.expertmarket.com/dash-cams/dash-cam-laws-by-state
[4] https://www.personalinjurylascruces.com/can-dashcam-footage-help-my-new-mexico-personal-injury-case/
[5] https://gpstrackit.com/blog/what-are-the-dashcam-regulations-in-each-state/
