While Using Fleet GPS Trackers In the US
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Making a business legally compliant in the United States is complex. Business owners who plan to use fleet GPS trackers for fleet management must navigate a patchwork of state and federal laws.
The goal of legal compliance is to ensure a company does not get sued for using fleet vehicle tracking devices. When a company is legally compliant, it can balance legitimate business interests with employee privacy concerns.
Key Legal and Ethical Considerations
There is no federal law governing private employers using GPS trackers for vehicles; state laws dictate that.
Businesses, especially those operating in the states of California, New Jersey, Maryland, New York, Pennsylvania, Oregon, Texas, and Virginia, need to explicitly get employee consent before using GPS tracking devices!
Vehicle Ownership Matters
Company-owned vehicles can be tracked as they are owned by the company. And when the goal is to optimize routes, provide safe routes to drivers and track consignments, using fleet GPS trackers, doesn’t raise any legal issues!
However, a company cannot track the personal vehicles of its employees – especially, not without written consent! Furthermore, a company can only use a fleet car GPS tracker for location tracking within work hours, not beyond that!
Establish a Clear, Written Policy
And that policy should answer the following -
- What is the purpose of tracking? (The answer should outline that vehicles will be tracked to ensure fleet safety & fleet efficiency, not the micromanagement of employees!).
- What type of data will be collected?
- How will the data collected by the GPS devices be used?
- Who will have access to that GPS data?
Then there should be sections where the following information is promoted –
- GPS-tracking will be limited to work hours and only for company vehicles.
- Employees cannot exercise privacy expectations when they are using company property!
Ensure Data Security and Limited Use
- Ensure that the collected GPS data is stored securely in a bid to ascertain that sensitive information doesn’t get leaked.
- Establish access control and provide access control to only those who are directly responsible for making the fleet efficient, safe and reliable.
- Ensure that your company adheres to federal mandates like the Electronic Logging Device (ELD) rule.
Focus On These Legal Aspects & Keep Your Company Flourishing!
Navigating state laws and privacy concerns is complex, but your choice of technology shouldn't be. The safest legal route is often choosing a fleet management partner that has built-in features for ELD compliance, data encryption, and 'business-hours-only' tracking configurations. By automating the compliance aspect with the right tools, you can focus on what matters: growing your business!