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Forward-facing cameras (dash cams) in commercial passenger vehicles

Can I install a dash-cam in my commercial passenger vehicle?

A dash cam that records images and audio inside a vehicle must not be installed in a commercial passenger vehicle. However, a forward-facing dash cam may be installed provided it:

  • faces the front windscreen and doesn’t record activity inside the vehicle, and
  • records images only - not audio.

What do I need to consider if I want to install a forward-facing dash-cam in a commercial passenger vehicle?

If you want to install a forward-facing dash cam there are some legal obligations that you need to know about:

  • the Surveillance Devices Act 1999 (Vic) prohibits the use of an optical surveillance device to record private activity and the use of a listening device to record private conversation, without the consent of the people recorded
  • the Commercial Passenger Vehicle Industry Act 2017 (the Act) prohibits sound recording inside a commercial passenger vehicle under section 270(4)
  • the Privacy Act 1988 (Cth) and the National Privacy Principles may require vehicle owners, drivers and Booking Service Providers (BSPs) to protect images of people from unauthorised collection, use and disclosure.
  • the Road Safety Road Rules 2017 (Vic) requires devices, including forward facing dash cams, to be securely mounted inside the vehicle in a way that doesn’t obscure the driver’s view of the road ahead, behind and on either side.

The content of this webpage is provided for information purposes only and does not constitute legal advice and should not be relied upon as such. If you need legal advice on a specific matter, please contact a legal practitioner.