is it legal to have driver facing cameras


is it legal to have driver facing cameras插图

The short answer is,yes,especially if you’re in the U.S. Employers are not violating any specific law when they require driver-facing cameras. Inward facing cameras are already widely legally deployed throughout the trucking industry and have faced few legal challenges to date.

Is it legal to require driver-facing cameras?

The short answer is, yes, especially if you’re in the U.S. Employers are not violating any specific law when they require driver-facing cameras. Inward facing cameras are already widely legally deployed throughout the trucking industry and have faced few legal challenges to date.

Are inward facing cameras legal in trucking?

Inward facing cameras are already widely legally deployed throughout the trucking industry and have faced few legal challenges to date. Trucking companies that utilize in-cab camera systems routinely assure drivers that they are not saving video continuously.

Should your fleet use driver-facing cameras?

He gave the example of one customer that utilizes the driver-facing camera: a hazmat company that has a strict no-smoking policy for drivers, as they’re hauling extremely flammable gas that could ignite if the driver smokes in the cab. That said, Angel cautions that it’s not for every fleet.

Should your company install a driver-facing dash cam?

Generally, driver-facing dash cams can be installed and used on a limited basis, but a company should strongly consider the purposes for which it wishes to use the camera, and whether there are less-invasive ways to gather the information that it needs.

Why did the union complain about the driver facing cameras?

A union filed a complaint about the driver-facing cameras after drivers said that they felt intimidated and watched. Last year an arbitrator sided with the union and drivers and ordered Sysco Quebec to remove the driver-facing cameras.

Why are driver facing cameras unpopular?

Driver-facing cameras have been unpopular in the trucking community for years. They leave drivers with the uneasy feeling that they’re being watched by their employer. Many truckers even argue that driver-facing cameras violate their right to privacy, since a driver’s truck is often also his home where he eats, sleeps, and spend free time.

Why are trucking companies pushing for technology?

Trucking companies are increasingly pushing for the technology to reduce liability in the event of a crash and to cut down on driver distraction.

What is the case with the California AG?

California AG ruled in favor of driver-facing cameras for disciplinary purposes in a major 2014 decision. In 2014, then-California Attorney General Kamala Harris ruled that employers may take disciplinary action against a truck driver employee based on in-cab video provided by a third party company.

Does Sysco Quebec have inward facing cameras?

Though the court ordered the removal of the inward-facing cameras, the ruling only applies to Sysco Quebec.

Did Sysco Quebec have a duty to promote health and safety?

Sysco Quebec complied, but filed an appeal, saying that they had a duty to promote health and safety. The Quebec Superior Court upheld the decision of the arbitrator to keep driver-facing cameras out of Sysco Quebec’s trucks.

Does Sysco have a camera?

Though the cameras are only supposed to permanently record a handful of seconds before and after a triggering incident, the camera is always recording the driver and overwriting the recorded data. This did not sit will with the company’s drivers, especially given their claim that the cameras recorded randomly several times per day.

Are Driver-Facing Dash Cams Legal, or Do They Invade Your Privacy?

The debate over dash cam laws spans all types of trucks from local delivery vehicles to long-haul trucks. No matter how short the route, some drivers feel unsettled at the thought of supervisors peering into their vehicle. Long-haul drivers even argued that, because they often sleep and eat in their trucks, it’s their home. And they objected to being watched in their home.

How Can Employers Use the Footage?

The Internet is rife with unverifiable stories (imagine that!) about trucking companies randomly spying on drivers, even while the truck is parked.

Why do employers use dashcams?

How can employers use dashcam footage? Employers can use dashcam footage to exonerate drivers, prevent false claims, coach drivers, and correct dangerous driving habits.

Why do drivers need dashcams?

In their opinion, driver-facing dashcams can protect drivers and organizations in an accident.

Why do we need cameras in the road?

Now with cameras in the equation, you can see the context around a harsh braking event. If a driver brakes harshly, but it is because a child ran out into the street, you can discern that event was actually the result of the driver being alert and thus rewarded for his/her actions. This allows organizations to reward that driver for making the right decision.

Why do drivers use cameras?

A law firm specializing in transportation law wrote that using driver-facing cameras shows a company’s commitment to driver training. Also, the cameras can prove that the driver wasn’t distracted, tired, or using a smartphone.

Is a dash cam legal?

Answering the question “are dash cams legal?” isn’t easy because of the different laws at local and regional levels. More often than not, though, the answer will be “yes.”

What is the privacy policy for a driver facing camera?

If a driver-facing camera is used, there are privacy policy and notice requirements that will apply to the trucking company, in addition to restrictions on data collection, use, disclosure and storage. Driver-facing dash cams can offer insights, but there are privacy issues to consider. How will the data be used?

What are the implications of recording drivers?

The footage might reveal information that could be harmful or unhelpful if used as evidence during litigation. There may also be additional considerations if any of the employees are unionized.

What is personal information?

This can include the person’s name, age, address, financial information, preferences and even images, among other information.The Personal Information Protection and Electronic Documents Act (PIPEDA) governs the protection of personal information of employees, where they are employed by a federal work or undertaking. This includes extra-provincial motor carriers, which operate beyond the boundaries of a single province or territory.

Can you use driver facing dash cams?

Balancing privacy and driver-facing dash cams. by Jaclyne Reive August 12, 2020. While outward-facing dash cameras are becoming more common, trucking companies are increasingly asking the question of whether they can use driver-facing dash cams to monitor their drivers, and if so, what privacy laws apply. Generally, driver-facing dash cams can be ...

Can a trucking company use a driver facing camera?

Generally, driver-facing dash cams can be installed and used on a limited basis, but a company should strongly consider the purposes for which it wishes to use the camera, and whether there are less-invasive ways to gather the information that it needs. If a driver-facing camera is used, there are privacy policy and notice requirements that will apply to the trucking company, in addition to restrictions on data collection, use, disclosure and storage.

When should a camera turn on?

Instead, it should only turn on when there is a hard brake, or at random intervals, and only record for a very limited period of time.

Should a driver facing camera be circulated?

The policy should be circulated to all drivers who will be in a vehicle with a driver-facing camera. If possible, the company should try to obtain signatures from the drivers acknowledging that they have read and understand the policy.

What do truck drivers need to know?

What New Truck Drivers Need To Know About Trucking Companies With Driver-Facing Cameras 1 Many trucking companies have installed, or are going to install, in-cab cameras that face both the road and the driver. 2 Typically the cameras are constantly recording in a loop, recording over previous footage until an "incident" occurs, like hard braking or bumping or crashing into something. At that point the 10 seconds, or so, both before and after the incident are saved, the monitoring company will review it and alert your company if necessary, and they will review the footage. They do not otherwise permanently store or continuously monitor recorded footage. There isn't enough bandwidth or storage space on Earth to make that feasible. 3 More recently, dash cameras were introduced that will trigger in-cab alerts and prompts for incidents such as drifting out of your lane or improper following distances, that could indicate distracted or drowsy driving. These types of incidents could also trigger a safety review with your company. 4 Trucking companies are depending on the cameras to help reduce their liability in case of a disputed crash, and improve overall safety in regards to things like driver distractions.

What does a dash camera do?

More recently, dash cameras were introduced that will trigger in-cab alerts and prompts for incidents such as drifting out of your lane or improper following distances, that could indicate distracted or drowsy driving. These types of incidents could also trigger a safety review with your company.

Why do trucking companies use cameras?

Trucking companies are depending on the cameras to help reduce their liability in case of a disputed crash, and improve overall safety in regards to things like driver distractions.

Do cameras record over previous footage?

Typically the cameras are constantly recording in a loop, recording over previous footage until an "incident" occurs, like hard braking or bumping or crashing into something. At that point the 10 seconds, or so, both before and after the incident are saved, the monitoring company will review it and alert your company if necessary, and they will review the footage. They do not otherwise permanently store or continuously monitor recorded footage. There isn't enough bandwidth or storage space on Earth to make that feasible.

Why does the word "house" appear twice in the Bill of Rights?

The word "house" appears twice in the text of the Bill of Rights, indicating the concern of Madison and other drafters for the protection of privacy in the home.

What is intrusive surveillance?

Intrusive surveillance is defined in section 27 as "covert surveillance that is carried out in relation to anything taking place on any residential premises or in any private vehicle and involves the presence of an individual on the premises or in the vehicle or is carried out by means of a surveillance device."

What to do if a commercial driver threatens to terminate your employment?

Exercise your rights as a commercial driver. Understand your rights to privacy. If the company insists and threatens to terminate your employment because you will not work for them with it installed in your vehicle they will then be in violation of your “Human Rights.".

Which amendments protect the privacy of the home?

I think the sweep of the court's decisions under both the fourth and fourteenth amendments, amply shows that the constitution protects the privacy of the home (truck sleeper berth) against all unreasonable intrusion of whatever character. These principles affect the very essence of constitutional liberty and security.

Is an inward facing camera unreasonable?

Inward facing cameras most certainly should be deemed unreasonable under the law. Any and all invasion of privacy inside a home, or the threat of invasion of privacy without a warrant are presumptively unreasonable. United States Codes, Title 18, and Section 2510 (2) states:

What does "oral communication" mean?

United States Codes, Title 18, and Section 2510 (2) states: “Oral communication means any ‘oral communication’ uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation”. Employers:

Is the inward facing camera a violation of the Bill of Rights?

The installation of the ‘Inward Facing Cameras’ by employers of trucking firms in the United States, In our professional opinion, is a violation of the "Bill of Rights" and our right to privacy laws. It is an intrusion of personal freedoms and liberties.

What is the best thing about being a truck driver?

Put yourself in the shoes of a truck driver—the person you depend on to operate your equipment as efficiently and productively as possible. Your life is spent on the road, and while you have a schedule and goals to hit (MPG levels, on-time deliveries, etc.), above all, one of the great perks of your job is the freedom it offers. To be out on the open road, driving solo—truck drivers treasure this.

Does SmartDrive have incentive programs?

SmartDrive’s Palmer suggested that fleets implement a driver incentive program to work in conjunction with the video-based solution to encourage and reward driver safety, a program he noted is in place for many fleets already. This could be a good way to get drivers on board with the cameras, so long as you’re not cutting into the camera ROI.

Is video telematics good for fleet?

Yet, from an equipment management point of view, video telematics can be incredibly helpful not just for the fleet, but for the driver too, as the benefits of driver-facing cameras include exonerations from potential lawsuits after collisions, as well as driver coaching that can cut down on crashes, distractions and other dangerous situations.

Who is Brendan Buzer?

Brendan Buzer, product manager for Bendix Commercial Vehicle Systems, said that while fleets are divided on the use of in-cab cameras and drivers could push back initially, it only takes one video exonerating a driver from a case of wrongdoing to turn them into avid fans.

Do drivers respond differently to driver facing cameras?

Every fleet is different, and different groups of drivers may respond differently to the idea of driver-facing cameras. Clearly, there are multiple sides to this story—even among the providers of those driver-facing cameras. We’re not here to tell you that one way is right and that the other is wrong—just know that there are two sides to this story, and that either way, this is potentially delicate and will take clear communication to drivers, being open to conversation and being clear about the potential benefits to the drivers as well as the fleet.

Does Trimble have a driver facing camera?

Of the 170-plus customers of Trimble’s Video Intelligence solution (formerly known as PeopleNet), which offers multiple camera choices including front-facing, driver-facing, side-facing and backup cameras, only four have chosen to use the driver-facing camera. That’s according to Jim Angel, Trimble’s vice president of video intelligence solutions.

Is the video triggered in a crash?

From their perspective, it’s easy to understand. The fact that the video is only triggered and sent to the fleet manager in the event of a crash is almost beside the point—it’s the fact that it’s there that’s the problem, and that’s not an easy barrier to get past. It can also foster feelings that the fleet doesn’t trust its drivers. It’s a complicated culture issue that’s not easy to get past.