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Drive Test Illegal Dashcam

California is a two-party consent state for recordings. PC 632. If the test proctor doesn't want to be recorded in the vehicle, you're not allowed to.
 
Again, the tester is not being recorded. The camera is pointing out the windshield.

And how does that work if pedestrians or cops don't want to be recorded when out on the street? What if I stood outside the DMV with a camera or followed their drive tests with my own dashcam?

But the PC you cited is about recording communications, like wire taps and bugs.
 
A government official (dmv test idiot) violated your 1st amendment rights by not letting you video. If your were to sue you would likely win though probably not much maybe 15 grand after years of dealing with the courts.
 
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That's all I wanted to hear. I feel so great now. You made my day, and tonight, I will be able to sleep.
 
ctwo said:
Again, the tester is not being recorded. The camera is pointing out the windshield.

And how does that work if pedestrians or cops don't want to be recorded when out on the street? What if I stood outside the DMV with a camera or followed their drive tests with my own dashcam?

But the PC you cited is about recording communications, like wire taps and bugs.
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Your dashcam doesn't record audio?

The PC says "whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device..." That means in person, too.

There is no expectation of privacy on a public road. Inside a car on a public road, the audio has some expectation of privacy.
 
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TheRiddler said:
Your dashcam doesn't record audio?

The PC says "whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device..." That means in person, too.

There is no expectation of privacy on a public road. Inside a car on a public road, the audio has some expectation of privacy.
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But is is really a private conversation if it is with a public official, in the capacity of their work as a public official?

Just like with a police officer, I think not. The DMV employee is a public official. It wouldn't be a private conversation.

Now, because it is a test, I do think they have the right to restrict any recording during the test, just as a university, or any other testing facility could do the same, without violating any civil rights.
 
The audio recording is off. There is no recording of any communication.

You could have a friend follow/record the drive test.
 
There is no statute that states one cannot have a dashcam while taking a DMV driver's test. The evaluator probably just felt uncomfortable with the recording. Maybe there has been a challenge to the evaluator's assessment somewhere in CA and DMV Legal told the evaluators to not allow dashcams anymore.

One can always ask: "What is the statutory authority for that?"

Scotty
 
Toyota has always pulled the plug on my Dashcam when it’s in service. They have a banner explaining the privacy of their techs is compromised when cameras are rolling. Make of that what you will.
 
nakedape said:
Toyota has always pulled the plug on my Dashcam when it’s in service. They have a banner explaining the privacy of their techs is compromised when cameras are rolling. Make of that what you will.
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That makes sense. Toyota mechanics are VERY private people. :laughing
 
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