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CA cell phone video recording

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LAWISCOMPLEX

Junior Member
What is the name of your state (only U.S. law)?CA

If I want to record the view through my windshield while driving with my cell phone, where can I mount it? Can I just keep the recording going for the whole trip?

For instance, if I use the holder-supplied tape to put the mount on my dashboard, is that legal? Would the phone be considered a "video event recorder" if I'm just recording the whole trip without there being a looping or some event that triggers recording?

I don't intend on sticking anything on the windshield or over any area that would affect airbag deployment. I just want my iphone mounted so I can record the drive. Finally, would there be a difference between using the standard camera app on the phone or a more specialized app designed to do some of the features of a video event recorder? (Like looping the video to save space.)
 


adjusterjack

Senior Member
I don't think you understand what the "video event recorder" exception is.

Read Paragraph 13(A through F) of VC 26708

http://codes.findlaw.com/ca/vehicle-code/veh-sect-26708.html

The definition of "video event recorder" does not appear to apply to a regular dash cam or your cell phone.

Then read Paragraph 2:

A person shall not drive any motor vehicle with any object or material placed, displayed, installed, affixed, or applied in or upon the vehicle that obstructs or reduces the driver's clear view through the windshield or side windows.
You can mount a dash cam or your camera phone anywhere you want as long as it doesn't "obstruct or reduce" your clear view through the windshield.
 

Zigner

Senior Member, Non-Attorney
You can mount a dash cam or your camera phone anywhere you want as long as it doesn't "obstruct or reduce" your clear view through the windshield.
WRONG.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=26708

Read it - there are very specific areas where they can be mounted.

ETA: This applies to mounting upon the windshield. I agree that your post is correct insofar as mounting to the dashboard, air vents, etc. is concerned.
 

PayrollHRGuy

Senior Member
You can mount a dash cam or your camera phone anywhere you want as long as it doesn't "obstruct or reduce" your clear view through the windshield.
Which can and has been read by many the CHP officer as anywhere that blocks any portion of the front or side windows including the hood of the car.
 

CdwJava

Senior Member
As long as it lies within the very limited portions of the vehicle as defined in VC 26708, you should be good. But, keep in mind, that this will likely be treated as a cell phone and will be treated as a cell phone rather than an event recorder. Place the device carefully.
 

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