Installing and using a dash cam in Washington is legal, but there are specific regulations regarding placement, recording, and privacy that drivers must follow.
Mounting and Placement:
Washington law prohibits mounting anything on the windshield that would obstruct the driver’s clear view of the road. Specifically, dash cams should not be mounted on the windshield; instead, they should be securely placed on the dashboard or in another position where they do not impede the driver’s vision. If a dash cam is affixed to the windshield, it cannot obscure more than a five-inch square on the driver’s side or a seven-inch square on the passenger’s side, though the safest legal choice is to avoid windshield mounting altogether.
Audio Recording and Consent:
Washington is an all-party consent state for audio recording. This means you must have the consent of every person being recorded inside your vehicle before recording conversations or voices. Secretly recording audio without everyone’s express permission is illegal under RCW § 9.73.030, and doing so can open you to civil and criminal liability. Most dash cams allow you to disable the audio recording function; enabling it without consent is a legal violation.
Video Recording:
Recording video of the roadway and events outside the vehicle is legal and does not require consent, since there is no reasonable expectation of privacy in public places. Problems arise only with interior audio recording unless all parties give permission.
Using Footage as Evidence:
Dash cam footage—if obtained lawfully—can be used in court cases, such as car accident litigation. Courts and insurance companies generally accept dash cam video as evidence, provided the dash cam was installed and operated in compliance with state law (meaning proper placement and, for audio, proper consent).
Summary Table: Washington Dash Cam Regulations
Key Caveat:
Failure to comply with placement or consent laws could result in evidence being inadmissible in court as well as exposure to legal penalties. Always inform passengers if audio recording is enabled, and opt for dashboard placement to avoid windshield obstruction violations.
Sources
[1] https://www.colburnlaw.com/washington-state-dash-cam-laws/
[2] https://willdefendwa.com/dash-cam-evidence-in-court/
[3] https://www.nwinjurylawcenter.com/how-can-dashcam-footage-be-used-in-a-car-accident-claim/
[4] https://elsnerlawfirm.com/are-dash-cameras-legal-in-washington-state/
[5] https://www.ddpai.com/blog/dash-cam-laws/
