Yes, dashcams are legal in Montana with minimal restrictions, as the state lacks explicit statutes banning their use. Drivers may record road activity for personal safety or evidence, provided recordings do not violate privacy rights. The Montana Department of Transportation (MDT) has not issued formal dashcam guidelines, deferring to broader privacy and surveillance laws. Local law enforcement agencies, including the Billings and Missoula police departments, have not reported enforcement actions against dashcam use, though recordings must comply with Montana’s wiretapping statutes.
Key Regulations for Dashcams in Montana
- One-Party Consent for Audio: Montana’s wiretapping law (Mont. Code Ann. § 45-8-213) requires only one-party consent for audio recordings. Drivers may record conversations inside their vehicle without notifying passengers, but recording audio from external parties (e.g., pedestrians) without consent may violate privacy laws.
- No Obstruction of View: Dashcams must not obstruct the driver’s field of vision per Montana traffic regulations (Mont. Admin. R. 18.8.615). Mounting devices on the windshield is permitted if positioned outside the driver’s direct line of sight.
- Prohibition on Surveillance in Private Areas: Recordings in private spaces (e.g., driveways, garages) may infringe on reasonable expectations of privacy, as outlined in State v. Bullock (2019), which reinforced Fourth Amendment protections against warrantless surveillance.