Tracking Your Vehicle Fleet – Do You Know the Requirements in Your State?
Regulations on vehicle tracking for employers vary from state to state. Some states require tracking to be disclosed regardless of who owns the vehicle. Did you know that in New Jersey just passed a law requiring employers provide written notice to employees before using tracking devices in a vehicle the employee drives? The requirement applies regardless of who owns the vehicle. While not required under law in every state, it is considered best practice for employers to disclose their tracking policy to employees.
Many contractors and small business owners use GPS to track their fleets. This can help increase accountability, monitor costs, and improve safety. When using GPS tracking, though, it is important to make a distinction between tracking your employees and tracking your vehicles. The law generally allows for employees to track vehicles they own. If they want to install a tracker on an employee owned vehicle, they likely have to receive consent from the employee. Most states that do allow employers to track employee owned vehicles only allow tracking during business hours.
Below is some sample language if disclosure is required where you do business:
Our company’s vehicles carry GPS monitoring devices that track data including routes, mileage, speed, stops, and location. This is intended to promote employee safety, driver accountability, and vehicle fleet maintenance. As such, all employees assume responsibility for their actions behind the wheel when driving company owned vehicles.
Here is also sample language if you need to request written consent to track employee owned vehicles, or opt to include employee consent/acknowledgement as part of your company’s vehicle tracking policy:
I (employee name) understand that a GPS monitoring device has been placed in the vehicle that I will be driving as part of my employment for (company name).
The device tracks data including routes, mileage, speed, stops, and location and is intended to promote employee safety and accountability.
Signed: (employee name) Date:
DISCLAIMER: This is not to be considered or used as official legal advise or counsel.
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