Is It Illegal For A YouTuber To Film Videos In Their Car While Driving?

Anyone who follows YouTube vloggers may notice how common it is for these content creators to film videos from their vehicles. If you’ve ever consumed such videos, you might wonder if it’s legal for YouTubers to film themselves while driving. Because distracted driving laws vary from one state to another, there’s no universal answer to this question. The answer often comes down to the jurisdiction they’re in.

Currently, 33 U.S. states, along with D.C., Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands, have laws prohibiting motorists from using handheld cell phones when operating vehicles. These are sometimes called “no-touch” laws, and some states are even using AI cameras to bust drivers who pick up their phones. Similarly, nearly all states and the above territories have laws against texting while driving. In most states, these are primary enforcement laws. That means the police don’t need another reason to pull someone over, as illegal phone use alone is enough to earn a ticket.

“While driving” are two very important words in this context. A vlogger filming a quick reaction video from a parked car isn’t putting anyone at risk. However, even if a phone is mounted to the dashboard so a vlogger can use it hands-free, filming themselves instead of paying attention to the road could increase their risk of causing a distracted driving accident.

The existence of no-touch laws means many states have a de facto (if not always official) ban on filming yourself while driving in various circumstances. For example, depending on where you’re driving, you may be breaking the law if you’re holding a phone and filming yourself while operating a vehicle. That’s because holding the phone would violate the no-touch law.

That doesn’t mean each state’s distracted driving laws cover every scenario in which a YouTuber might film themselves in a car while operating it. For instance, Georgia’s hands-free law specifically bars drivers from recording video, but has an exemption for continuously running dashcams. Not every state’s law is as detailed.

You can check your own state’s distracted driving laws to determine whether you may legally vlog while driving. However, even when the law doesn’t explicitly prohibit doing so, it’s best to avoid this practice.

If you do have to make a call or otherwise use a phone in a car, certain gadgets can make doing so safer. Keep in mind that even if you don’t use your devices while operating a vehicle, you could still be prone to distraction from “highway hypnosis” and related factors if you’re not careful. Guard against this by focusing on the road at all times.