Can video recording devices inside cars really represent a guarantee against accidents? Here is everything you need to know to avoid violating the regulations
Salvatore Amoroso
May 31
– Milan
Road safety is an ever-present topic, often raised loudly by both motorists and institutional bodies that deal with protecting health and reducing daily risks on the roads. The European Regulation 2019/2144 goes in this direction which requires, starting from July 2022, the adoption for all new vehicles of the black box, a device similar to the one present on airplanes which will allow the recording of data relating to the behavior of a ‘car and, therefore, to reconstruct dynamics and responsibilities in the event of an accident. There is, however, another device that is worth considering and on which to clarify. This is the dash cam, the security camera capable of recording what happens in front of the vehicles. But are they legal? Can they be used in the event of an accident? Here are the advantages and limits imposed by the regulations.
dash cam: what it is and what it is for
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Dash cams are compact cameras that are installed on the dashboard or windshield of cars to record everything that happens in real time in front of a vehicle, whether it is moving or parked. The device, also often used by motorcyclists on helmets, is usually equipped with a removable memory and records everything that happens in the direction of travel, overwriting the data automatically once the memory limit is reached, without interrupting the shooting. It will have happened many times to come across videos in which more or less curious incidents or episodes have been recorded by a similar device. However, it should be specified that this tool should not be confused with the front parking camera, as the latter is to be considered as a mere driving aid without any form of registration.
What the highway code says
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The use of the dash cam is not strictly regulated, as there is no ad hoc regulation dedicated to such shooting devices. Broadening the field, however, it is useful to mention Art. 141 of the Highway Code which mentions the following: “The driver must always maintain control of his vehicle and be able to carry out all the necessary maneuvers in safety conditions, especially the timely stopping of the vehicle within the limits of his visibility and in the face of any foreseeable obstacle “. To reinforce the concept also Art. 169: “In all vehicles the driver must have the greatest freedom of movement to carry out the necessary maneuvers for driving”. There is no prohibition on using objects if they do not limit the driver’s field of vision and his freedom of movement. The dash cam, therefore, if positioned correctly is not prohibited by any standard.
the use of images
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If its installation, as seen, must take place in compliance with the aforementioned standards, the use of the images recorded on the device deserves a different discussion. These contents are subject to European privacy regulations and therefore the owner of the dash cam can make video recordings but is responsible for their conservation and possible dissemination. Furthermore, the publication and sharing of contents is illegal if faces of people and license plates of cars, motorcycles or any other vehicle in circulation are distinguishable in the filming. The only way to share or publish the recorded video content, therefore, is to preventively obscure any sensitive data attributable to a natural person in post production or to obtain the consent of those who have been immortalized in the shooting.
in the event of an accident
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The use of the dash cam, for those who use it, is often aimed at obtaining proof in the event of a claim in which one is directly or indirectly involved. In this case the question arises: in the light of the prohibitions deriving from the protection of privacy, are the filming valid as evidence for the insurance bodies or in the event of trial following an accident? To dispel any doubts, it is essential to quote Art 2712 of the Civil Code on the subject of mechanical reproductions: “Photographic, computer or cinematographic reproductions, phonographic recordings and, in general, any other mechanical representation of facts and things form full proof of facts and things represented, if the person against whom they are produced does not deny their conformity to the facts or to the things themselves. Basically, any type of content can be used as “atypical evidence” if it is not contested by the party accused of unreliability or In any case, a video is subject to evaluation by the judge according to his “prudent appreciation”, who will decide whether or not a video can be admitted as trial evidence.
May 31, 2022 – 4:17 pm
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