California Dash Cam Audio - Legal?

Reviving. Here is my take.

Law quoted in full:

(13) (A) A video event recorder with the capability of monitoring
driver performance to improve driver safety
, which may be mounted in
a seven-inch square in the lower corner of the windshield farthest
removed from the driver, in a five-inch square in the lower corner of
the windshield nearest to the driver and outside of an airbag
deployment zone, or in a five-inch square mounted to the center
uppermost portion of the interior of the windshield. As used in this
section, "video event recorder" means a video recorder that
continuously records in a digital loop, recording audio, video, and
G-force levels,
but saves video only when triggered by an unusual
motion or crash or when operated by the driver to monitor driver
performance.

(B) A vehicle equipped with a video event recorder shall have a
notice posted in a visible location which states that a passenger's
conversation may be recorded.
(C) Video event recorders shall store no more than 30 seconds
before and after a triggering event.

Green: Anything that can record video has the capability to monitor driver performance; however, it must be a thing that falls under the definition of BLUE.
Blue: Anything with a GPS can do all of these, but finding a device that DOES record g-force levels is a bit rare. On the other hand, you need only testify that your device does record all these things. You don't necessarily have to prove it unless opposition can be assed to provide evidence that your device doesn't, shifting the burden of proof back on you.
Red:the device needs only the save when its triggered OR when operated by the driver. Not both. If it is not trigger-saved, then subsection (C) does not apply.

Conclusion: Any device that can record in a loop audio, video, and gforce levels can be used. The section in red is a red-herring (ha!) because it's written with the word OR, and virtually every recording device ever made can save video when, "operated by the driver..." I can think of two android apps that fit all of these requirements. Of course, all of this can be circumvented by attaching the device to your rear view mirror, dash, or anything but the windshield.
 
That's interesting! Are you making the distinction between a device that monitors G-forces (for the purpose of a trigger event) and devices that actually records it, ready for export?
 
That's interesting! Are you making the distinction between a device that monitors G-forces (for the purpose of a trigger event) and devices that actually records it, ready for export?

any decent camera logs the G-Sensor data, have a look at Registrator Viewer and the list of supported models, you get a running view of the G-Sensor data as the file is playing, even some of the non GPS version cameras do this
 
That's very cool. I didn't realize so many cameras did this now. I'm way out of the loop.
 
Reviving. Here is my take.

Law quoted in full:

(13) (A) A video event recorder with the capability of monitoring
driver performance to improve driver safety
, which may be mounted in
a seven-inch square in the lower corner of the windshield farthest
removed from the driver, in a five-inch square in the lower corner of
the windshield nearest to the driver and outside of an airbag
deployment zone, or in a five-inch square mounted to the center
uppermost portion of the interior of the windshield. As used in this
section, "video event recorder" means a video recorder that
continuously records in a digital loop, recording audio, video, and
G-force levels,
but saves video only when triggered by an unusual
motion or crash or when operated by the driver to monitor driver
performance.

(B) A vehicle equipped with a video event recorder shall have a
notice posted in a visible location which states that a passenger's
conversation may be recorded.
(C) Video event recorders shall store no more than 30 seconds
before and after a triggering event.

Green: Anything that can record video has the capability to monitor driver performance; however, it must be a thing that falls under the definition of BLUE.
Blue: Anything with a GPS can do all of these, but finding a device that DOES record g-force levels is a bit rare. On the other hand, you need only testify that your device does record all these things. You don't necessarily have to prove it unless opposition can be assed to provide evidence that your device doesn't, shifting the burden of proof back on you.
Red:the device needs only the save when its triggered OR when operated by the driver. Not both. If it is not trigger-saved, then subsection (C) does not apply.

Conclusion: Any device that can record in a loop audio, video, and gforce levels can be used. The section in red is a red-herring (ha!) because it's written with the word OR, and virtually every recording device ever made can save video when, "operated by the driver..." I can think of two android apps that fit all of these requirements. Of course, all of this can be circumvented by attaching the device to your rear view mirror, dash, or anything but the windshield.
Brilliant! I like your thinking. I had caught the "or" (in red) but I failed to make the connection regarding "triggering event" in portion C.

So any footage manually saved, either by copying it out of the SD card "cache" (yes, in court I personally would call it a cache if someone try to drop that term on me) or by manually hitting the "trigger" button (arguable?) is not the same as footage saved by a "triggering event" and thus cannot be subjected to the (absurd and technologically ignorant!) 30 seconds mumbo jumbo.

Also, btw, where you said this could be avoided by mounting the unit to something other than the glass, I heartily agree, but keep in mind the main portion of the law basically says you cannot mount anything anywhere or onto anything where it would (and this part is explicit) "obstruct" your view out the window. In the strictest letter-of-the-law interpretation, I would assume this means that if the mounted accessory is anywhere, even marginally, between your line of sight and the glass, it's a violation. So it would be very tricky to find a mounting scheme that gets around the law in this way and still provides a good clear capture of events in front of the car.

Oh, and I guess that means you can't hang fuzzy dice from your mirror either.
 
If the device is non compliant is the evidence admissible?
 
Reviving. Here is my take.

Law quoted in full:

(13) (A) A video event recorder with the capability of monitoring
driver performance to improve driver safety
, which may be mounted in
a seven-inch square in the lower corner of the windshield farthest
removed from the driver, in a five-inch square in the lower corner of
the windshield nearest to the driver and outside of an airbag
deployment zone, or in a five-inch square mounted to the center
uppermost portion of the interior of the windshield. As used in this
section, "video event recorder" means a video recorder that
continuously records in a digital loop, recording audio, video, and
G-force levels,
but saves video only when triggered by an unusual
motion or crash or when operated by the driver to monitor driver
performance.

(B) A vehicle equipped with a video event recorder shall have a
notice posted in a visible location which states that a passenger's
conversation may be recorded.
(C) Video event recorders shall store no more than 30 seconds
before and after a triggering event.

Green: Anything that can record video has the capability to monitor driver performance; however, it must be a thing that falls under the definition of BLUE.
Blue: Anything with a GPS can do all of these, but finding a device that DOES record g-force levels is a bit rare. On the other hand, you need only testify that your device does record all these things. You don't necessarily have to prove it unless opposition can be assed to provide evidence that your device doesn't, shifting the burden of proof back on you.
Red:the device needs only the save when its triggered OR when operated by the driver. Not both. If it is not trigger-saved, then subsection (C) does not apply.

Conclusion: Any device that can record in a loop audio, video, and gforce levels can be used. The section in red is a red-herring (ha!) because it's written with the word OR, and virtually every recording device ever made can save video when, "operated by the driver..." I can think of two android apps that fit all of these requirements. Of course, all of this can be circumvented by attaching the device to your rear view mirror, dash, or anything but the windshield.

Thank you!!! Best explanation yet.

You answered several of my questions, and now I can rest easy knowing I've been compliant this whole time.
 
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