South Carolina
South Carolina Dashcam Laws: Mounting Rules, Audio Recording, and Evidence (2026)
Independently fact-checked against primary sources (last audited November 1, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of November 1, 2026. · 4 primary sources cited on this page. How we verify our legal content
Dashcams are legal in South Carolina and no state law prohibits their use. Video on public roads is permissible, and audio recording inside your vehicle follows one-party consent under S.C. Code Ann. 17-30-30, so you may record a conversation you take part in, or one where a participant has given prior consent. Being in the vehicle does not by itself make you a party to a passenger conversation you are not part of. Mount the camera where it does not obstruct your view.
Dashcams are legal and widely used in South Carolina. The state has no specific dashcam statute, so their use is governed by traffic safety laws, the one-party consent wiretapping statute (S.C. Code Ann. 17-30-30), and federal regulations.
Are Dashcams Legal in South Carolina?
Yes. South Carolina does not prohibit dashcam use. No registration or notification is required.
Windshield Mounting
South Carolina law (S.C. Code Ann. 56-5-5000) addresses windshield obstructions. Mount your dashcam behind the rearview mirror or in a corner where it does not block visibility.
If you use a phone as a dashcam, mount it and do not handle it while driving. South Carolina's Hands-Free and Distracted Driving Act (S.C. Code Ann. 56-5-3890, effective September 1, 2025) bars holding or supporting a phone or similar device used to record digital content while driving. A first offense carries a $100 fine, and a second or later offense a $200 fine and two points.
Audio Recording and Consent
One-Party Consent
South Carolina is a one-party consent state under S.C. Code Ann. 17-30-30. The consent exception in 17-30-30(C) applies where you are a party to the communication or a party to it has given prior consent. You can record your own conversations with passengers, and a traffic stop you take part in, without informing anyone. Being in the vehicle does not by itself make you a party to a private conversation between passengers that you are not part of.
Unattended Recording
If your dashcam runs while you are absent, you are no longer a party to captured conversations. Disable the microphone for parking mode.
Dashcam Footage as Evidence
Modified Comparative Fault
South Carolina follows a modified comparative fault system: under case law from the South Carolina Supreme Court (Nelson v. Concrete Supply Co., 303 S.C. 243 (1991)), a plaintiff cannot recover if their own fault is 51% or more. S.C. Code Ann. 15-38-15 is a related statute, but it governs how fault is apportioned among multiple defendants, not the plaintiff's own-fault bar. Dashcam footage is critical for fault determination.
Admissibility
Footage is admissible in South Carolina courts when authenticated under the SC Rules of Evidence as genuine, unaltered, and relevant.
Commercial Use
Fleet operators use dashcams for safety and FMCSA compliance. Rideshare drivers may use dashcams, and may record audio of conversations they take part in. Recording passengers' private conversations with each other, without a passenger's consent, is not covered by the one-party rule, so drivers who record interior audio should tell riders (for example with a posted notice and a spoken mention) or turn the microphone off.
Law Enforcement
In the Fourth Circuit, which covers South Carolina, Sharpe v. Winterville Police Department (2023) held that livestreaming a police traffic stop is speech protected by the First Amendment; the officer in that case still received qualified immunity, and the court did not decide whether there is a broader right to record police in public. Several other federal appeals courts have recognized a right to record police, so an openly running dashcam that does not interfere with the stop is widely tolerated, but the broader right is not settled law in South Carolina. Keep the camera where it is, keep your hands visible, and follow lawful orders.
Penalties
| Violation | Statute | Penalty |
|---|---|---|
| Windshield obstruction | S.C. Code 56-5-5000 | Misdemeanor: fine up to $100 or up to 30 days (56-5-6190) |
| Holding a phone or recording device while driving | S.C. Code 56-5-3890 | $100 fine (first offense); $200 and two points after |
| Audio recording without consent | S.C. Code 17-30-50 | Felony: up to 5 years, $5,000 fine |
Civil damages under S.C. Code Ann. 17-30-135 include $500/day or $25,000 minimum, plus punitive damages.
More South Carolina Recording Topics
More South Carolina Recording Laws
- South Carolina Audio Recording Laws
- South Carolina Video Recording Laws
- South Carolina Laws on Recording Police
More South Carolina Laws
Frequently Asked Questions
Do I need to tell passengers my dashcam records audio in South Carolina?
Not for conversations you take part in. South Carolina one-party consent (S.C. Code 17-30-30) allows recording when you are a party or a party has given prior consent; it does not cover a private conversation between passengers that you are not part of.
Can dashcam footage be used in SC courts?
Yes. Footage is admissible when authenticated as genuine and relevant.
Where should I mount my dashcam?
Behind the rearview mirror or in a corner. S.C. Code 56-5-5000 restricts windshield obstructions.
Can my dashcam record while parked?
Video is fine. Audio when absent could violate wiretapping law. Disable the microphone.
Can police order me to turn off my dashcam?
The law is not fully settled. In the Fourth Circuit, which covers South Carolina, Sharpe v. Winterville Police Department (2023) held that livestreaming a police traffic stop is speech protected by the First Amendment; the officer in that case still received qualified immunity, and the court did not decide whether there is a broader right to record police in public. Several other federal appeals courts have recognized a right to record police, so an openly running dashcam that does not interfere is widely tolerated. If an officer tells you to turn it off, comply and raise any objection later rather than arguing at the roadside.
Updates
Corrected the statement that the First Amendment settles a right to record police in South Carolina (the Fourth Circuit has protected livestreaming a traffic stop but not decided a broader right), clarified that rideshare drivers may not record passengers' private conversations without consent, and added the 2025 hands-free law and the correct windshield-obstruction penalty.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the audio-consent explanation: South Carolina's one-party exception covers conversations you take part in (or where a participant consents), not every passenger conversation recorded simply because you are in the vehicle.
Corrected the windshield-mounting citation: the statute governing windshield obstructions is S.C. Code Ann. 56-5-5000, not the non-existent section previously cited. Also corrected the 51% comparative-fault rule's source: it comes from South Carolina case law (Nelson v. Concrete Supply Co.), not S.C. Code Ann. 15-38-15, which addresses fault apportionment among defendants.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the felony-penalty citation in the penalties table from S.C. Code 17-30-20 to S.C. Code 17-30-50. Section 17-30-20 is South Carolina's 'prohibited acts' section (it declares interception a felony but does not itself state the penalty); the actual 5-year/$5,000 felony penalty is set out in section 17-30-50.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
South Carolina Code of Laws, Title 17: CRIMINAL PROCEDURES
§ 17-30-30Interception by employee of Federal Communications Commission, by person acting under color or law, and when party has given prior consentIn forcecited in 19 of our articles
(A) It is lawful under this chapter for an officer, employee, or agent of the Federal Communications Commission, in the normal course of his employment and in discharge of the monitoring responsibilities exercised by the commission in the enforcement of 47 U.S.C. Chapter 5, to intercept a wire, oral, or electronic communication transmitted by radio or to disclose or use the information thereby obtained. (B) It is lawful under this chapter for a person acting under color of law to intercept a wire, oral, or electronic communication, where the person is a party to the communication or one of the parties to the communication has given prior consent to the interception. (C) It is lawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where the person is a party to the communication or where one of the parties to the communication has given prior consent to the interception.
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- McNeely (District Court, D. South Carolina 2025)“…a showing. The South Carolina statute cited by Plaintiff—S.C. Code § 17-30-30—provides “it is lawful . . . for a per…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Carolina Smart Glasses Recording Laws 2026, South Carolina Recording Laws (2026): One-Party Consent Rules, South Carolina Audio Recording Laws: One-Party Consent Rules and Penalties (2026)
§ 17-30-135Civil action for wrongful interceptionsIn forcecited in 11 of our articles
(A) Any person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of this chapter has a civil cause of action against any person or entity who intercepts, discloses, or uses, or procures any other person or entity to intercept, disclose, or use the communications and is entitled to recover from the person or entity which engaged in that violation relief as may be appropriate, including: (1) preliminary or equitable or declaratory relief as may be appropriate; (2) actual damages, but not less than liquidated damages computed at the rate of five hundred dollars a day for each day of violation or twenty-five thousand dollars, whichever is greater, not to exceed the limits on liability provided in subsection (F)(3); (3) punitive damages, except as may be prohibited in subsection (F)(4); and (4) a reasonable attorney's fee and other litigation costs reasonably incurred.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- Carson v. Emergency MD LLC (District Court, D. South Carolina 2020)“…ation of this chapter has a civil cause of action . . . .” S.C. Code Ann. § 17-30-135(A). Moreover, the SCHSA’s list of proh…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Carolina Landlord-Tenant Recording Laws: Rights for Renters and Landlords (2026), South Carolina Phone Call Recording Laws: Consent Rules for Calls (2026), South Carolina Workplace Recording Laws: Employee and Employer Rights (2026)
§ 17-30-50Penalty for violating Sections 17-30-20 through 17-30-45In forcecited in 11 of our articles
(A) Except as provided in subsection (B), whoever violates the provisions of Sections 17-30-20 through 17-30-45, upon conviction, must be imprisoned not more than five years or fined not more than five thousand dollars, or both. (B) If the offense is a first offense under this chapter and is not for any unlawful purpose or for purposes of direct or indirect commercial advantage or private commercial gain, and the wire or electronic communication with respect to which the offense under this chapter was committed is a radio communication that is not scrambled, encrypted, or transmitted using modulation techniques the essential parameters of which have been withheld from the public with the intention of preserving the privacy of the communication, then: (1) if the communication is not the radio portion of a cellular telephone communication, a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit, a public land mobile radio service communication, or a paging service communication, and the conduct is not that described in Section 17-30-35(7), the person committing the offense is guilty of a misdemeanor and, upon conviction, must…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Also relied on in: Alabama Recording Laws (2026): One-Party Consent Rules, South Carolina AI Meeting Recording Laws (2026), South Carolina Ring Doorbell Laws: What You Need to Know in 2026
South Carolina Code of Laws, Title 15: CIVIL REMEDIES AND PROCEDURES
§ 15-38-15Liability of tortfeasor responsible for less than fifty per cent of total fault; apportionment; willful or reckless defendant and drug exceptionsIn forcecited in 4 of our articles
(A) In an action to recover damages resulting from personal injury, wrongful death, or damage to property or to recover damages for economic loss or for noneconomic loss such as mental distress, loss of enjoyment, pain, suffering, loss of reputation, or loss of companionship resulting from tortious conduct, if indivisible damages are determined to be proximately caused by more than one tortfeasor, joint and several liability does not apply to any defendant whose conduct is determined to be less than fifty percent of the total fault for the indivisible damages as compared with the total of: (i) the fault of all the defendants and tortfeasors; and (ii) the fault (comparative negligence), if any, of plaintiff. A defendant whose conduct is determined to be less than fifty percent of the total fault shall only be liable for that percentage of the indivisible damages determined by the jury or trier of fact. (B) Apportionment of percentages of fault among defendants and tortfeasors is to be determined as specified in subsection (C).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 10 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Smith v. Tiffany (Supreme Court of South Carolina 2017, 419 S.C. 548)“…00% of liability only between the parties before it. See S.C. Code Ann. §§ 15-38-15 (D) (Supp. 2015); 15-38-40. The impli…”
- Machin v. Carus Corp. (Supreme Court of South Carolina 2017, 419 S.C. 527)“…or any or all of the damages alleged by any other party. S.C. Code Ann. § 15-38-15 (C)-(D) (Supp. 2015) (emphasis added).…”
- Shannon P. Green v. Edward C. McGee (Supreme Court of South Carolina 2025)“…ble damages determined by the jury or trier of fact. S.C. Code Ann. § 15-38-15(A) (Supp. 2024); see also Smith v. Tiff…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Carolina Hit and Run Laws: Penalties and What to Do, South Carolina Punitive Damages Laws: Cap Tiers and Proof (2026), Truck Accident Laws in South Carolina (2026): Deadlines & Liability
South Carolina Code of Laws, Title 56: MOTOR VEHICLES
§ 56-5-5000Windows unobstructed; windshield wipersIn forcecited in 2 of our articles
No person shall drive any motor vehicle with any sign, poster or other nontransparent material upon the front windshield, sidewings or side or rear windows of such vehicle which obstructs the driver's clear view of the highway or any intersecting highway. The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow or other moisture from the windshield, which shall be so constructed as to be controlled or operated by the driver of the vehicle. Every windshield wiper upon a motor vehicle shall be maintained in good working order.
Official text (excerpt) · last checked 2026-09-08 · Read the full text in our law library · Verify at scstatehouse.gov
Also relied on in: South Carolina Windshield Mounting Laws (2026 Guide)
Sources and References
- S.C. Code Ann. 17-30-30 - One-Party Consent Exception(scstatehouse.gov).gov
- S.C. Code Ann. 56-5-5000 - Windows Unobstructed; Windshield Wipers(scstatehouse.gov).gov
- FMCSA(fmcsa.dot.gov).gov
- NHTSA(nhtsa.gov).gov