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Which states require driver consent for GPS tracking and video telematics?

Written by Zonar | Apr 2, 2021 5:00:00 AM

GPS tracking laws by U.S. state: What fleet operators need to know

Heads up: This post is over four years old, and some information may have changed. Please check with your legal or compliance team for the most up-to-date guidance before acting on this content.
 

GPS tracking is a standard tool for fleet management, asset protection, dispatching, maintenance planning, driver safety and customer service. But the fact that GPS tracking is common does not mean every use case is automatically allowed. GPS tracking laws vary by state, and the rules can change depending on who owns the vehicle, who is being tracked, whether the driver has been notified, how the data is used and whether tracking continues outside working hours.

For commercial fleets, the safest approach is simple: use GPS tracking for legitimate business purposes, track company-owned or company-leased vehicles and assets, provide clear written notice to employees, obtain written consent when appropriate, and maintain a GPS tracking policy that explains what data is collected and how it is used.

Legal disclaimer: This article is for general informational purposes only and is not legal advice. GPS tracking laws can change, and state laws may apply differently depending on your operations, vehicles, employees, contractors, industry and data practices. Always review your tracking program with qualified legal counsel before implementing or updating GPS tracking.

Is GPS tracking legal?

In many business settings, GPS tracking is legal when a company tracks vehicles, equipment or mobile assets it owns or leases for legitimate operational reasons. Common examples include tracking delivery vehicles, field service trucks, school buses, construction equipment, trailers, rental assets and other company-owned vehicles during work-related use.

GPS tracking becomes more legally sensitive when the tracker is placed on a vehicle the company does not own, when an employee’s personal vehicle is tracked, when tracking continues outside working hours, or when location data is used for reasons that were not disclosed. Tracking a person without permission can also create legal risk under privacy, stalking, cyberstalking, harassment, trespass and electronic surveillance laws.

Are there federal GPS tracking laws and privacy rules?

There is no single federal law that gives employers a complete GPS tracking checklist for every situation. Instead, federal rules are shaped by constitutional privacy principles, electronic communications laws and industry-specific regulations.

Law enforcement use is different from employer use. In United States v. Jones, the U.S. Supreme Court held that attaching a GPS device to a vehicle and using it to monitor the vehicle’s movements is a Fourth Amendment search. That matters most for government investigations, court orders, warrants and search warrant requirements, not ordinary fleet operations.

Businesses should also be aware of federal electronic communications and stored communications laws, especially if a tracking program involves electronic communications, mobile apps, employee devices, login credentials, stored data or third-party systems. Fleet operators should work with legal counsel to determine whether the Electronic Communications Privacy Act, the Stored Communications Act, FMCSA rules, state privacy laws or industry-specific requirements apply to their program.

What about company-owned vehicles vs. employee-owned vehicles?

Ownership is one of the most important factors in GPS tracking. A company generally has more authority to install a tracking device on a company-owned vehicle, company-leased vehicle or company-owned asset than on an employee’s personal vehicle. Even then, notice is still a best practice and may be required in some states.

Employee-owned vehicles are different. If an employee uses a personal vehicle for work, the employee usually has a stronger privacy interest. Before tracking a personal vehicle, businesses should obtain written consent, limit tracking to work-related use, explain when tracking begins and ends, and give the employee a way to understand what data is being collected.

Employee GPS tracking laws: practical compliance principles

Fleet managers don't need to be employment lawyers, but they do need a defensible GPS tracking process. The following principles can reduce risk across most states.

  • Provide written notice.
    Tell employees that GPS tracking is used on company vehicles, company devices, apps, equipment or assets.
  • Use written consent where appropriate.
    Consent is especially important for personal vehicles, personal devices, after-hours tracking or states with specific consent requirements.
  • Track for business reasons.
    Document legitimate purposes such as dispatching, safety, route optimization, maintenance, theft recovery, proof of service, compliance and asset utilization.
  • Limit after-hours tracking.
    Avoid tracking employees during personal time unless there is a valid business reason and clear disclosure.
  • Protect location data.
    Limit access to authorized personnel, define retention periods and use secure systems.
  • Train managers.
    Make sure supervisors understand how GPS data can and cannot be used.
  • Review state laws regularly.
    GPS tracking laws by state can change, and newer privacy laws may affect location data collection.

What should a GPS tracking policy include?

A written GPS tracking policy helps employees understand the program and helps the company show that tracking is tied to legitimate operational needs.

A strong policy should include:

  • Which vehicles, devices, apps, equipment or assets may be tracked
  • What data may be collected, such as location, speed, route history, engine activity, idling, harsh driving events, diagnostics or asset movement
  • Why GPS tracking is used, such as safety, dispatching, theft recovery, customer service, maintenance, compliance, route planning or operational efficiency
  • When tracking occurs, including whether tracking is limited to work hours or vehicle operation
  • Who can access GPS tracking data
  • How long tracking data may be retained
  • How employees can ask questions or report concerns
  • Whether written consent is required before operating a tracked vehicle or using a tracked device

GPS tracking laws by state: a quick reference for fleet operators

The table below is a starting point for fleet operators. It summarizes common GPS tracking issues by state, with emphasis on private use, employee tracking, company-owned vehicles and consent. It is not a substitute for legal review.

Remember, this post is over four years old, and some information may have changed. Please check with your legal or compliance team for the most up-to-date guidance before acting on this content.

 

State Fleet and Employer GPS Tracking Considerations
Alabama No specific private-use GPS tracking statute identified in the sources reviewed. Use written notice, business-purpose limits and consent for personal vehicles.
Alaska Stalking laws can include monitoring a person with a global positioning device or similar technology. Avoid tracking individuals without authorization.
Arizona Stalking rules can include unauthorized electronic, digital or GPS surveillance over time. Use employee notice and consent best practices.
Arkansas No specific private-use GPS tracking statute identified in the sources reviewed. General privacy, stalking, harassment and trespass rules may still apply.
California California restricts use of an electronic tracking device to determine the location or movement of a person, with an exception when the registered owner, lessor or lessee of a vehicle consents. Written notice and consent are strongly recommended for employers.
Colorado No specific private-use GPS tracking statute identified in the sources reviewed. Use a written GPS tracking policy and avoid personal or after-hours tracking without consent.
Connecticut Electronic stalking laws address GPS or similar systems used to remotely determine or track another person’s position or movement. Connecticut also has employee electronic monitoring notice requirements.
Delaware Delaware prohibits knowingly installing an electronic or mechanical location tracking device in or on a motor vehicle without the consent of the registered owner, lessor or lessee. Employee monitoring notice rules may also apply.
Florida Florida prohibits knowingly installing a tracking device or tracking application on another person’s property without consent, subject to exceptions.
Georgia No specific private-use GPS tracking statute identified in the sources reviewed. Track company assets only for legitimate business purposes and provide notice.
Hawaii Hawaii regulates mobile tracking devices and generally requires a warrant, order or consent depending on the use case. Confirm requirements before tracking.
Idaho No specific private-use GPS tracking statute identified in the sources reviewed. Use written notice and obtain consent for personal vehicles or devices.
Illinois Illinois law addresses electronic tracking devices used to determine the location or movement of a person and includes exceptions. Fleet operators should review company-owned vehicle, commercial motor carrier and employee-use exceptions with counsel.
Indiana Review current state law before tracking employees or vehicles. Provide written notice and obtain consent for personal vehicles or devices.
Iowa No specific private-use GPS tracking statute identified in the sources reviewed. Use a clear policy, business-purpose limits and consent where appropriate.
Kansas No specific private-use GPS tracking statute identified in the sources reviewed. Other privacy, stalking or employment rules may still apply.
Kentucky No specific private-use GPS tracking statute identified in the sources reviewed. Use written notice and business-purpose limits.
Louisiana Louisiana prohibits using a tracking device to determine another person’s location or movement without consent, subject to exceptions.
Maine No specific private-use GPS tracking statute identified in the sources reviewed. Provide notice and obtain consent for sensitive tracking scenarios.
Maryland Maryland stalking law can include use of a device that pinpoints or tracks another person’s location without knowledge or consent.
Massachusetts No specific private-use GPS tracking statute identified in the sources reviewed. Employers should still use written notice and avoid personal or off-duty tracking without consent.
Michigan Michigan prohibits placing a tracking device in or on a motor vehicle without consent. Company-owned or leased vehicle ownership should still be documented and disclosed.
Minnesota Minnesota restricts mobile tracking device use and generally requires a court order unless an exception applies. Confirm before deploying tracking devices.
Mississippi No specific private-use GPS tracking statute identified in the sources reviewed. Use written notice, consent and business-purpose limits.
Missouri Review current state stalking, harassment and vehicle consent rules before tracking. Use written consent for personal vehicles.
Montana No specific private-use GPS tracking statute identified in the sources reviewed. General privacy and employment principles may still apply.
Nebraska No specific private-use GPS tracking statute identified in the sources reviewed. Provide written notice and limit tracking to legitimate business purposes.
Nevada Review current Nevada law before placing or using a tracking device. Written notice and consent are recommended for employee tracking programs.
New Hampshire New Hampshire prohibits placing, locating or installing an electronic device on another person or property and obtaining location information without consent. Government entities generally need a warrant for location information.
New Jersey New Jersey requires employers to provide written notice before knowingly using a tracking device in a vehicle used by an employee, with penalties for violations.
New Mexico No specific private-use GPS tracking statute identified in the sources reviewed. Use written notice and consent for personal vehicles or devices.
New York New York stalking law can include unauthorized GPS or device-based tracking. New York also has electronic monitoring notice rules for certain employer monitoring activities.
North Carolina North Carolina cyberstalking law makes it unlawful to knowingly install, place or use an electronic tracking device without consent to track another person.
North Dakota North Dakota stalking law can include unauthorized GPS or electronic tracking that would cause a reasonable person to feel frightened, intimidated or harassed and serves no legitimate purpose.
Ohio No specific private-use GPS tracking statute identified in the sources reviewed. Use a GPS tracking policy and obtain consent where appropriate.
Oklahoma Oklahoma stalking law can include tracking a person’s movement or location through GPS without consent, with certain exceptions.
Oregon Oregon establishes unlawful use of a GPS device when a person knowingly affixes a GPS device to a motor vehicle without the owner’s consent.
Pennsylvania Review current state law before using mobile tracking devices. Written notice and owner or employee consent are recommended, especially outside company-owned vehicles.
Rhode Island Rhode Island restricts placing or using an electronic tracking device in or on a motor vehicle without consent of the operator and occupants, with exceptions that include certain business-owned or business-leased vehicles.
South Carolina No specific private-use GPS tracking statute identified in the sources reviewed. General privacy, stalking and employment rules may still apply.
South Dakota No specific private-use GPS tracking statute identified in the sources reviewed. Use written notice and consent-based practices.
Tennessee Tennessee restricts mobile tracking devices in motor vehicles, subject to exceptions. Confirm the rules before installing or concealing a device.
Texas Texas prohibits placing a tracking device in a motor vehicle, with exceptions. Fleet operators should confirm ownership, consent and applicable business exceptions.
Utah Utah prohibits knowingly installing or directing another person to install a tracking device on a motor vehicle owned or leased by someone else without permission.
Vermont No specific private-use GPS tracking statute identified in the sources reviewed. Use written disclosure and consent for employee tracking.
Virginia Virginia prohibits using an electronic tracking device through intentionally deceptive means and without consent to track a person’s location, with exceptions.
Washington Washington cyberstalking law can apply to installing or monitoring an electronic tracking device with intent to track another person when it would cause reasonable fear.
West Virginia No specific private-use GPS tracking statute identified in the sources reviewed. Review privacy, stalking, harassment and employment laws before implementation.
Wisconsin Wisconsin prohibits placing a GPS device on a vehicle owned or leased by another person without consent and prohibits intentionally obtaining movement or location information from a device placed without consent.
Wyoming Wyoming stalking law can include use of electronic, digital or GPS devices to place another person under surveillance without authorization.

What about GPS tracking for flleet vehicles?

For fleets, GPS tracking is usually tied to practical, legitimate business needs. A fleet manager may need to know where vehicles are, whether drivers are on schedule, which technician is closest to a job, whether a vehicle is idling excessively, whether a trailer left a yard, or whether a vehicle needs maintenance. Those are different from secretly tracking a person for personal reasons.

Still, fleet operators should avoid treating GPS data as unrestricted surveillance. Location data can reveal sensitive information about routes, breaks, homes, medical visits, union activity, religious activity or off-duty behavior. For that reason, companies should collect only the data they need, explain how GPS tracking works and restrict access to people with a legitimate operational role.

Or GPS tracking for personal vehicles?

Tracking personal vehicles is one of the highest-risk areas. If an employee uses a personal car for work, the company should not assume it can track the vehicle the same way it tracks a company truck. The better approach is to obtain written consent, limit tracking to work-related trips, allow tracking to be turned off outside work, and clearly explain how mileage, location and route data will be used.

For contractors, gig workers, sales representatives and field staff using their own vehicles, the consent language should be specific. A general employee handbook statement may not be enough in every state or situation.

Some state laws include exceptions for law enforcement, parents, guardians, private investigators, vehicle creditors, commercial motor carriers, fleet vehicle owners, telematics providers or theft recovery. Those exceptions are narrow and vary by state.

What are some common GPS tracking mistakes to avoid?

  • Tracking without notice.
    Even when tracking is permitted, lack of notice can create employment, privacy and trust problems.
  • Tracking personal vehicles like company vehicles.
    Personal property requires a more careful consent process.
  • Collecting data after hours without a reason.
    Off-duty tracking is more invasive and more difficult to justify.
  • Using GPS data inconsistently.
    If GPS data is used for discipline, apply policies consistently and document the reason.
  • Letting too many people access location history.
    Location data should be available only to authorized users.
  • Failing to update policies.
    Laws and business practices change. Review your GPS tracking policy at least annually.

How can Zonar fleet tracking help?

Zonar helps fleets use GPS tracking as part of a broader fleet management strategy, not as a stand-alone dot on a map. With Zonar Ignition™, fleets can bring real-time vehicle and asset visibility, trip data, driver behavior insights, diagnostics, maintenance alerts, safety workflows and reporting into a secure, cloud-based fleet management platform.

For fleets that operate different vehicle and asset types, Zonar offers connected tools built for real operations.

Zonar fleet telematics devices help capture location, diagnostics and vehicle activity data across fleet classes, as well as light-, medium- and heavy-duty vehicles of all makes, models, types, specializations and years. 

Zonar ZTrak® also supports asset and equipment tracking for trailers, equipment and other mobile assets that need long-term visibility.

And Zonar driver coaching and dashcam solutions can connect safety events with telematics context to support coaching, incident review and risk reduction.

Zonar does not replace legal review, employee notice or a written GPS tracking policy. What it can do is help fleet teams centralize how tracking data is collected, monitored and used so operations, safety, maintenance and compliance teams can work from the same reliable source of fleet information.

Questions? Contact us | Get pricing

Bottom line: use GPS tracking with transparency.

GPS tracking can help fleets improve safety, accountability, efficiency, maintenance, dispatching and asset protection. But location data is sensitive. The strongest GPS tracking programs are transparent, documented and limited to legitimate business needs.

Before installing GPS tracking devices or launching a fleet tracking platform, confirm vehicle ownership, review state requirements, provide written notice, obtain consent where needed and create a policy employees can understand. That approach gives fleet teams the visibility they need while reducing legal, privacy and employee trust risks.