In Colorado, the use of dash cameras (dash cams) is legal, but there are specific regulations regarding their installation and operation that drivers must follow to ensure compliance with state and local laws.
Legal Status of Dash Cameras
General Legality
Dash cams are legal in Colorado, and many drivers use them to provide evidence in case of accidents or disputes. These devices can record both the road ahead and the interior of the vehicle, which is particularly beneficial for rideshare drivers and those concerned about fraudulent claims.
One-Party Consent State
Colorado is a one-party consent state, meaning that individuals can record conversations or interactions without needing consent from others involved. This applies to dash cam recordings, allowing drivers to capture audio and video without violating wiretapping laws, provided the recording is done within legal parameters.
Installation Regulations
Obstruction of View
While dash cams are permitted, they must be installed in a manner that does not obstruct the driver’s view. Colorado law prohibits any device that blocks visibility through the windshield or creates glare that could distract other drivers. Specifically, Colorado Revised Statute §42-4-227 states that materials causing reflection or obstruction are not allowed.
Local Ordinances
Some cities, such as Denver, have additional regulations. For instance, Denver’s municipal code mandates that a driver’s view through the windshield and all windows must remain “normal and unobstructed.” Therefore, improper placement of a dash cam could lead to a traffic citation if it obstructs the driver’s line of sight.
Best Practices for Dash Cam Placement
To comply with Colorado laws:
- Positioning: The ideal location for a dash cam is behind the rearview mirror or in one of the lower corners of the windshield. This placement allows for an unobstructed view while still capturing important footage.
- Non-Reflective Design: Choose a dash cam that does not have reflective surfaces to avoid glare issues.
Police Interaction and Footage
Seizure of Dash Cam Footage
During routine traffic stops, police officers generally do not have the authority to seize a dash cam unless they have probable cause or a warrant. However, if involved in an accident, officers may subpoena dash cam footage as part of an investigation. Drivers are required to comply with such requests and cannot delete footage relevant to an ongoing investigation.
In summary, while dash cams are legal in Colorado, drivers must adhere to regulations regarding their placement and operation to avoid legal issues. Understanding both state laws and local ordinances is crucial for responsible use of these devices. By ensuring proper installation and being aware of potential legal implications, drivers can effectively utilize dash cams as valuable tools for safety and evidence collection.
Source
[1] https://www.sloatlaw.com/blog/are-dashcams-legal-in-colorado/
[2] https://www.fanglawfirm.com/colorado-dash-cam-laws/
[3] https://www.mintzlawfirm.com/what-are-colorados-dash-cam-laws/
[4] https://mydenveraccidentlawfirm.com/news-resources/what-you-need-to-know-before-using-a-dashcam-in-colorado/
