GPS is a valuable tool for fleets of all shapes and sizes. However, before implementing GPS in your business, you should ensure that you use it legally. Yes, there are laws about GPS tracking. As with any law, the specifics vary by state, so let’s break down GPS tracking laws by state.
General Information
The only federal GPS tracking law is this: government and law enforcement agents cannot install GPS on a person or person’s property. Of course, that doesn’t typically apply to fleets. However, state GPS tracking laws do follow a pattern.
Usually, GPS tracking is legal if:
- You or your business own the vehicle or asset you’re tracking
- You own an asset that might be taken without your permission
- You are tracking a car or asset for legal repossession in the event of defaulting on a loan
- Your minor children are the focus of the tracking.
GPS tracking is typically illegal if you don’t own the asset being tracked.
GPS Laws by State
Most state laws follow in line with what we outlined above. However, there are some standouts.
California: First, you must have a formal tracking policy in place. Next, you must request and receive written consent from your drivers before tracking them, even on company time. You should also ensure you’re not violating union agreements before installing trackers in your fleet vehicles.
Colorado: You cannot share information obtained through electronic surveillance with a stalker. If an unauthorized person calls asking where a driver is, you could get in legal hot water if you provide that information.
Nebraska: A district court may issue a warrant or order for the installation of a mobile tracking device. Such an order may authorize the use of that device within the court's jurisdiction and beyond if the device is installed in that jurisdiction.
Pennsylvania: You need a copy of a written form from an investigator or law enforcement agency
Oregon: You can only use a GPS tracker if you have a warrant issued by the court.
South Dakota: You can only install GPS if you have a warrant issued by the magistrate.
The Best GPS System
To keep up with the latest in GPS tracking, check in with our blog regularly. We often post about how your fleet can use GPS tracking to its best advantage. We offer state-of-the-art GPS software that can be customized to fit the needs of any fleet business. Try a demo of our GPS tracking software, explicitly designed with fleets in mind.
