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Dash cams are legal in Hawaii, but the following rules should be considered:
Windshield placement and visibility
Signs, stickers, or other materials (e.g., dash cams) may be displayed:
- In a seven-inch square in the lower corner of the windshield farthest from the driver;shipaa or
- In a five-inch square in the lower corner of the windshield nearest to the driver.
Non-obstructive locations, such as the dashboard or behind the rear-view mirror, are other mounting options.
Audio and video recording
Hawaii is a one-party consent state for audio recording. This means that audio can be recorded if one party (e.g., the driver or passenger) consents.
In Hawaii, it is generally legal to record videos in public and in semi-public places like a truck cab, where there is little or no expectation of privacy.
However, video recording on private property (e.g., customer sites and delivery locations) without permission may be illegal, especially if footage includes people who are unaware that they are being recorded. Best practice: Dash cams should be deactivated or explicit permission obtained from the property owner or the individuals being recorded prior to video recording on private property.
Employee and driver privacy
Because Hawaii has one-party consent for audio recordings, fleet managers or drivers can record conversations in the vehicle as long one party, such as the driver consents. The best practice, however, is to both post a sign in the cab and inform all passengers verbally (whether customers, contractors, or employees) of audio or video recording for purposes of trust, transparency, and to avoid privacy disputes.
Related information
Citations
- HRS § 803-42 (3)(A) (Interception of oral communications)
- HRS § 711-1110.9 (Violation of privacy in the first degree)
- HRS § 291-21.5 (e)(3) (Regulation of motor vehicle sun screening devices)
