
We get into the grey here, because the passengers probably didn’t include the driver as a participant. You have to be a participant for one-party to hold.
Also, if the conversation was recorded automatically, with no action from the driver, does that count as the driver recording the convo, or the company that controls the recording device?
I ain’t no law-talking guy.
Someone could make the argument that because the driver was a hired professional they shouldn’t be party of the conversations of their clients or some such.
As I said, grey area.