Dashcam rules in Queensland: mounting, recording and sharing footage

Are dashcams legal in Queensland?

Yes. No Queensland law bans a forward- or rear-facing camera in a private car. What the law does control is how the camera affects your driving (where it sits and whether you can see a screen), what it records (sound, in particular) and what you do with the footage afterwards.

The federal Privacy Act generally isn't the issue for a private driver. The Office of the Australian Information Commissioner says the Act doesn't apply to photos or video taken by someone acting in a personal capacity, and doesn't cover a camera operated by an individual in a private capacity, though state or territory laws may apply.^[4][5] In Queensland, the law that matters most for dashcams is the one on recording conversations, below.

Where can I mount a dashcam on the windscreen?

The road rules don't name a spot. They say a driver must not drive a motor vehicle unless the driver has a clear view of the road, and traffic, ahead, behind and to each side.^[1] A camera in the middle of your view breaks that rule, whatever its size.

Queensland's vehicle inspection manual is stricter about the glass in front of you. It treats anything fitted to the windscreen or vehicle that obstructs the driver's vision through the primary vision area, meaning the area swept by the original wipers, as a reason to reject a car.^[2]

• Pick a spot outside your line of sight, as small and as close to the edge of the glass as the camera allows, rather than in the middle of the screen.
• Check from the driver's seat, in your normal driving position, that the camera doesn't block anything when you look ahead, to the left or into the mirror.
• Route the cable along the edge of the glass and the door seal, not across the windscreen or the dashboard where it can catch the steering wheel or an airbag cover.
• Keep it clear of any camera or sensor at the top of the windscreen; many cars have one for their safety features.

Can the dashcam screen be on while I drive?

Section 299 of the road rules bars driving a vehicle with a visual display unit operating, while moving or stopped but not parked, if any part of the image is visible to the driver from the normal driving position or likely to distract another driver.^[1] The exceptions are driver's aids that aren't held in the hand. The regulation's examples include rearview screens, navigation equipment and vehicle monitoring devices, but not dashcams.^[1]

The simple way to stay clear of the question is to set the camera's screen to switch off after a few seconds, or mount it so the screen faces away from you. Don't scroll through footage at the lights either: the rule covers a stationary car that isn't parked.

Using your phone as a dashcam brings in the phone rules too. Those are covered in Queensland's mobile phone guidance, and in our road rules for visitors.

Can my dashcam record sound inside the car?

Be careful here. Queensland's Invasion of Privacy Act 1971 makes it an offence to use a listening device to overhear, record, monitor or listen to a private conversation, with a maximum penalty of 40 penalty units or imprisonment for two years.^[3] It doesn't apply where the person using the device is a party to the conversation.^[3]

Section 45 then limits what a party may do with their own recording: communicating or publishing it is also an offence, unless an exception applies. The exceptions include sharing with the other parties or with the consent of all of them, use in legal proceedings, and sharing no more than is reasonably necessary in the public interest or to protect your lawful interests.^[3]

• Driving alone or with people who know it's on: a party to the conversation recording it is not an offence under section 43.
• Passengers you don't know, or a car you lend out: turn the microphone off. You may not be part of conversations recorded while you're away from the car.
• Posting a clip online: mute the audio unless everyone recorded has agreed.

Can I post dashcam footage online?

For video taken in a personal capacity, the Privacy Act doesn't apply, but the OAIC notes that state or territory laws may still stop someone photographing private activities without consent.^[4] Someone who appears in footage they object to can ask the poster, and then the site, to take it down.^[4]

Think before posting a crash or a near miss. A clip that names or shows a number plate can identify people, and footage that may be evidence is more useful sent to police than shared on social media. If a crash involves your rental car, send it to us and the police, not the internet.

How do I send dashcam footage to Queensland Police?

For dangerous or hoon driving that isn't happening right now, report it online through Policelink's hooning or traffic complaint form. If the incident is happening now, or anyone is seriously injured or in immediate danger, call 000.^[6]

1. Make the report. The form goes to the police station closest to where it happened. You'll get an online reference number, and a police report number by email or SMS within 5 days if you give contact details.^[6]
2. Upload the footage through the link. For offences reported online with video, police send a secure link to the Axon evidence portal. It works only for that offence, can be used once to upload several files, and expires 10 days after you receive it.^[6]
3. Expect to be contacted only if it goes further. Police may contact you for a statement if an investigation starts, and will tell you if you need to attend court. You may not always be contacted.^[6]

Keep the original file. Copy it off the memory card the same day, because many dashcams record in a loop and overwrite older footage.

Using a dashcam in a rental car

Bring your own if you like, with two limits. Clause 7.2 of our terms says you must not modify, remove or disable any part, tracker or dashcam. So:

• Mount it without tools: a suction mount or a removable mount, not a hardwired kit or anything screwed or glued into the trim.
• Power it from the socket or a USB port, not by tapping into the fuse box.
• Take it with you when you return the car, along with the memory card. Property left in the car is your responsibility under clause 13.2.
• Don't cover, unplug or move any camera or tracker that was already in the car.

If something happens, footage helps. After a crash, follow what to do after an accident in a rental car and send us the clip with your report. Questions about fitting a camera before you do it: call 0414 427 760. For footage of an animal strike at night, see wildlife on the road at night.