Dash Cam Placement: Navigating UK MOT Rules

Dash cams have become an indispensable piece of kit for many UK motorists, offering peace of mind, invaluable evidence in case of accidents, and a deterrent against fraudulent claims. With nearly a million dash cams estimated to be in use across the country and this number rapidly growing, it's clear they're here to stay. While generally legal to operate, the specifics of their installation, particularly concerning placement, can be a minefield. One of the most critical areas of concern for drivers is understanding what constitutes a legal installation, especially with regard to the designated 'Zone A' on a windscreen and its implications for your vehicle's MOT test.

Are Dash Cams Legal in the UK?

The straightforward answer is yes, dash cams are legal to use in the UK. However, this legality comes with certain operational caveats, distinguishing between personal and business use. For individuals, the primary concern is safe fitting. For businesses, the landscape is more complex, requiring adherence to regulations like the General Data Protection Regulation (GDPR).

Dash Cams and Business Use: GDPR Compliance

Many businesses, including couriers, haulage firms, coach drivers, taxis, and driving instructors, utilise dash cams. The reasons are varied: enhancing safety, providing evidence for accidents, resolving disputes, and aiding insurance claims. When a business operates dash cams, they must comply with GDPR. This means:

• The use of in-vehicle cameras must be justified and meet the ICO's (Information Commissioner's Office) lawful basis test.
• Individuals must be informed they are being recorded.
• Footage must be handled responsibly.
• A data protection fee may need to be paid and kept up-to-date.

The Critical Importance of Dash Cam Placement: Understanding Zone A

This is where many drivers fall foul of the regulations. The law is very clear on where you can and cannot place a dash cam. The government's guidance, often referenced during the annual vehicle safety check (MOT), defines specific zones on the windscreen. The key takeaway here is Zone A.

Defining Zone A

Zone A is described as a vertical area that is 290mm wide, precisely centred on the steering wheel. Crucially, this zone must also be within the 'swept area' of the windscreen – the part that the windscreen wipers clear. For larger vehicles (over 3.5 tonnes), this swept area widens to 350mm, and consequently, Zone A is also considered to be this wider measurement.

What Happens if a Dash Cam is in Zone A?

This is the crux of the matter. If an object, such as a dash cam, a smartphone, or even dangling wires from either, is placed within Zone A and obstructs the driver's view, it will result in an MOT failure. Furthermore, if spotted by the police during a roadside check, it could lead to a fine. The rationale behind this rule is simple: the driver's visibility must not be compromised in any way that could endanger them or other road users. Even a small obstruction in this critical area can be enough to fail the test.

Recommended Dash Cam Fitting Locations

Given the strict rules around Zone A, the safest and most recommended place to fit a dash cam is at the top of the windscreen. This typically positions the device outside of Zone A, ensuring it does not obstruct the driver's primary field of vision. Many dash cams are designed with this in mind, featuring slim profiles and adhesive mounts that allow for discreet placement.

Commercial Vehicle Dash Cam Laws: Additional Considerations

For businesses operating fleets, there are further regulations to consider:

Switching Off Dash Cams Outside Working Hours

If a business vehicle is used for personal journeys, the dash cam should be switched off during non-working hours. The same applies if an employee's personal vehicle is used for company business – the dash cam should ideally be deactivated or only used for business-related journeys.

Informing Individuals About Recording

Transparency is key. Businesses must inform people (drivers, passengers, and even pedestrians or other road users who might be captured) that they are being recorded. A visible sticker on the vehicle, clearly stating that recording is in progress, is a good practice to comply with data protection laws.

Clear Dash Cam Policies

Companies should have robust, up-to-date policies detailing the purpose of the dash cams. Whether it's to reduce insurance premiums or gather evidence, the reason must be clearly stated in employment policies. If the cameras are later used for staff performance monitoring, this policy needs to be updated, and staff must be informed accordingly.

Dash Cams and Audio Recording

When using the audio recording function of a dash cam, it's essential to make individuals inside and around the vehicle aware that audio is also being captured. This is another aspect of data protection and privacy.

Data Privacy and Footage Handling

Privacy Notices

Businesses should provide a privacy notice explaining how the collected data will be used. This notice should be easily accessible, perhaps via a link on the company website.

Data Security

Any data collected that can identify an individual is considered personal data and must be kept secure. Access to video footage should be restricted to authorised personnel who have received appropriate data protection training.

Data Retention and Deletion

Footage should be deleted when it is no longer needed. For instance, haulage contractors might record journeys for accident evidence. If no accident occurs and there's no other reason to retain it, the footage should typically be deleted after a short period, such as a week.

Subject Access Requests (SARs)

Individuals captured on camera have rights, including the right to request copies of their data (a Subject Access Request). When sharing footage in response to a SAR, businesses must redact (mask) or remove any data that could identify other individuals, such as faces or other number plates, to protect their privacy.

Dash Cam Footage in Court and Police Seizure

Dash cam footage can be highly valuable as evidence in legal proceedings, provided it is clear and supports a legal argument. In serious accidents, it can be crucial. However, the police also have the right to seize dash cam footage if they suspect a driver has broken the law. Attempting to delete footage before seizure is considered tampering with evidence and carries severe penalties.

Dash Cam Laws: Are They Universal?

While dash cams are legal in the UK, their legality and regulations can vary significantly in other countries. Some nations permit them only for private use, while others outright ban them, imposing hefty fines. It is imperative to check the specific dash cam laws of any country you intend to drive in before operating your camera.

Summary Table: Zone A and MOT Compliance

Frequently Asked Questions

Q1: Can I put my dash cam anywhere on the windscreen?

No, you must avoid placing it in Zone A, which is the central area directly in front of the driver. The safest bet is the top of the windscreen, high up and out of the main line of sight.

Q2: Will a dash cam affect my MOT test?

Yes, if it is placed in Zone A and obstructs your view. Ensure your dash cam is fitted legally to avoid an MOT failure.

Q3: Do I need to tell people I'm recording with my dash cam?

For business use, yes, you should inform people, often with a sticker. For personal use, while not strictly legally mandated in the same way as GDPR, it's good practice to be mindful of privacy.

Q4: Can dash cam footage be used as evidence in court?

Absolutely. Clear dash cam footage can be crucial evidence in insurance claims and legal proceedings, provided it's relevant and admissible.

Q5: What if my dash cam records audio?

You must make individuals aware that audio is being recorded, especially in a business context, to comply with data protection regulations.

In conclusion, while dash cams offer significant benefits, understanding and adhering to the placement regulations, particularly concerning Zone A, is paramount. A correctly fitted dash cam ensures you comply with MOT requirements, avoid potential fines, and utilise this valuable technology safely and effectively.