Yes, dashcams are legal in New Mexico, provided they comply with state privacy laws and traffic regulations. The New Mexico Supreme Court has not banned their use, but recordings must not violate wiretapping statutes or obstruct driver visibility. Local municipalities may impose additional restrictions, and the 2026 New Mexico Department of Transportation (NMDOT) guidelines emphasize transparency in data handling.
Key Regulations for Dashcams in New Mexico
- Wiretapping Statute Compliance: New Mexico is a “one-party consent” state under NMSA § 30-12-1, meaning dashcam audio recording is permitted if at least one party (e.g., the driver) consents. However, recording conversations without the knowledge of all parties in a vehicle may violate privacy laws.
- Obstruction of View Prohibitions: NMDOT traffic regulations prohibit dashcams from blocking the driver’s forward field of vision (66-3-841 NMAC). Mounts must adhere to manufacturer guidelines and not interfere with airbag deployment zones.
- Data Retention and Privacy: The 2026 NMDOT advisory mandates that dashcam footage containing personally identifiable information (e.g., license plates, faces) must be securely stored and deleted within 30 days unless required for legal proceedings. Unauthorized sharing of footage may trigger civil liability under the New Mexico Inspection of Public Records Act (NMSA § 14-2-1).