Can Uber and Lyft drivers record passengers in California? Dash cams, audio and the law

General information, not legal advice. This site is not a law firm and isn't affiliated with Uber, Lyft or any dash cam maker. Laws and company terms change. Check the sources linked below.

The short answer

Video is the safe default; audio is where drivers get into trouble. California's eavesdropping law makes it a crime to record a confidential conversation without the consent of everyone in it (Penal Code §632). A dash cam with the microphone turned off doesn't record a conversation, so most drivers who want protection run video only. If you record audio, get every rider's clear consent. A "you may be recorded" sticker or an app notice is good practice, but it doesn't make audio recording legal by itself.

Video vs. audio

	Video only (mic off)	Video with audio
Penal Code §632	Not a recording of a conversation	Recording a confidential conversation without everyone's consent is a crime
Risk if you get it wrong	Low under §632; still follow the apps' sharing rules	Fine up to $2,500 per violation, jail, or both, plus a civil claim of at least $5,000 per violation
Use in a claim	Commonly shared with insurers and police	Unlawfully recorded audio isn't admissible (§632(d))
Best for	Proving what happened on the road and in the cabin	Only when every rider has clearly agreed

What California's audio law says

Penal Code §632 applies to anyone who, "intentionally and without the consent of all parties to a confidential communication," uses a recording device to record it. Here's what that means for a rideshare car:

All-party consent. One person agreeing isn't enough. You need the consent of everyone in the conversation, including riders talking to each other or on the phone.
"Confidential" depends on the situation. The law covers conversations carried on in circumstances that "may reasonably indicate" a party wants them kept among the people there, and excludes situations where people "may reasonably expect" to be overheard or recorded (§632(c)). Whether a back-seat conversation counts is a fact question, and you can't count on winning that argument later.
Criminal penalty. A fine of up to $2,500 per violation, up to a year in county jail or state prison, or both; up to $10,000 per violation for a repeat offense (§632(a)).
Civil lawsuits. Anyone injured by a violation can sue for the greater of $5,000 per violation or three times their actual damages, and doesn't have to prove actual damages (Penal Code §637.2).
It can hurt your own case. Except in a case about the recording itself, evidence from an unlawful recording "is not admissible" in court or administrative proceedings (§632(d)). So illegal audio can't help you prove what a rider said.

Why a sticker isn't enough

The Vehicle Code does require a notice "in a visible location which states that a passenger's conversation may be recorded" in a vehicle with a video event recorder (Vehicle Code §26708(b)(13)(B)). That rule is about windshield equipment; it doesn't say a notice counts as consent under the Penal Code. A rider might not see it, might not read English, or might be talking on the phone to someone who never saw it. Post the notice, but don't treat it as permission to record audio.

If you decide you need audio, the cautious approach is to tell each rider when they get in, and turn the mic off if anyone says no or seems unsure.

What Uber and Lyft say (company terms, not law)

Uber says drivers may install a dash cam to provide evidence "to Uber, law enforcement, or insurance companies" if something goes wrong; that in some places riders must consent to being recorded and drivers should check local laws; and that sharing or streaming a person's image or recording on social media or in public places violates its Community Guidelines. It suggests registering your dash cam in the app so riders know you have one and you can share recordings with support (Uber).
Lyft says dash cams may be subject to local regulations, that "broadcasting another person's image or recording without their express prior consent is prohibited and may result in your account being disabled," and that registering a dash cam is optional (Lyft safety policies).
Lyft's in-app recording lets drivers record audio and video of rides. Lyft says riders are told recording may happen if you schedule recording, but riders won't be notified if you start a recording during a ride (Lyft in-app recording). An app feature doesn't change California law: recording a rider's audio without notice is the risky case under §632.

Where you can mount a dash cam

California generally bans driving with anything on the windshield or anything that blocks your view through it (Vehicle Code §26708(a)). The law makes an exception for a "video event recorder," which may be mounted:

in a 7-inch square in the lower corner of the windshield farthest from the driver,
in a 5-inch square in the lower corner nearest the driver, outside the airbag deployment zone, or
in a 5-inch square at the center top of the inside of the windshield (§26708(b)(13)(A)).

Two details to know. The law defines a video event recorder narrowly, as a device that records in a loop and saves only when triggered by a crash or unusual motion (or when the driver uses it to monitor driving), storing no more than 30 seconds before and after the event (§26708(b)(13)(A), (C)). Many consumer dash cams record continuously, and the statute doesn't address them separately. Keeping any camera inside one of those spots, and out of your line of sight, is the cautious choice. The registered owner or lessee may also disable the device, and the recordings belong to them (§26708(b)(13)(D)–(E)).

Using footage after a crash

Save it right away. Loop recording overwrites old footage. Lock the clip or copy the card the same day.
Keep the original file. Share copies; don't edit or trim the original.
Share it with the people handling the claim: the other driver's insurer, the insurer handling the app's coverage, your own insurer and the police. Uber and Lyft both let you send recordings to their support or safety teams.
Don't post it. Both apps' rules prohibit sharing riders' images or recordings publicly.
Leave out unlawful audio. If the clip has audio you didn't have consent for, it can't be used as evidence (§632(d)). Video of the road is the part that settles fault.

Video is often what decides a disputed crash. If another driver hit you while you were driving for Uber, see who pays when an Uber accident wasn't your fault. For which insurance applies in each part of a trip, see rideshare insurance periods in California.

Delivery drivers

Penal Code §632 isn't limited to rideshare. If you deliver for DoorDash or Uber Eats and have a cabin camera, the same audio rule applies to anyone talking in your car. For what's covered after a delivery crash, see DoorDash car accidents in California and Uber Eats car accidents in California.

Common questions

Can Uber drivers record passengers in California?

Video is the lower-risk choice. California's eavesdropping law, Penal Code §632, makes it a crime to record a confidential conversation without the consent of everyone in it, so recording passengers' audio without their consent can be a crime. A camera with the microphone turned off doesn't record a conversation. Uber and Lyft both say drivers must follow local recording laws.

Is it legal to record audio in my Uber or Lyft in California?

Only with care. Penal Code §632 requires the consent of all parties to record a confidential communication, and the penalty is a fine of up to $2,500 per violation, jail, or both. Whether a particular conversation counts as confidential depends on the circumstances, so the safe default is to keep audio off unless every rider clearly agrees.

Does a 'you may be recorded' sticker make audio recording legal?

No sticker or app notice guarantees that. The Vehicle Code requires a notice in a vehicle with a video event recorder saying a passenger's conversation may be recorded (VC §26708(b)(13)(B)), but that's a mounting rule, not permission under the eavesdropping law. Posting a notice is good practice; it isn't the same as each rider's consent.

Can I use dash cam video in an insurance claim?

Yes, video of the road and the crash is commonly shared with insurers and police. Save it right away, before the loop overwrites it. Be careful with audio: a conversation recorded in violation of Penal Code §632 isn't admissible as evidence in court or administrative proceedings (§632(d)).

Do I have to register my dash cam with Uber or Lyft?

Neither company says it's required. Uber suggests registering it so riders know your car has one and so you can share recordings with support. Lyft says registration is optional and that it will notify riders they may be recorded. Those are company terms, not law.

Where can I mount a dash cam on my windshield in California?

The Vehicle Code generally bans objects on the windshield, but allows a video event recorder in a 7-inch square in the lower corner farthest from the driver, a 5-inch square in the lower corner nearest the driver (outside the airbag zone), or a 5-inch square at the top center (VC §26708(b)(13)).

Can I post dash cam video of a passenger online?

Don't. Uber says sharing or streaming a person's image or recording on social media violates its Community Guidelines, and Lyft says broadcasting someone's image or recording without their express prior consent can get your account disabled. Share footage only with insurers, police or the app's safety team.

Sources

The sources this guide cites. We check the guide against these sources before publishing and each time we review it.

Published October 31, 2026 · Last reviewed October 31, 2026 · How we write and review guides