GPS Tracking Laws By State 2024

GPS tracking laws by state can vary. Most states have a law around GPS tracking while others surprisingly don’t.

On a federal level, which means country wide, fleet companies are legally entitled to track their own vehicles. As GPS tracking is a relatively recent technological development, the legal precedent on federal level comes from the case of Elgin vs The St. Louis Coca Cola Bottling Company. This case allows for companies to track their own vehicles.

Another federal law associated with vehicle tracking is the ELD Mandate, which requires commercial truck drivers to log their hours on an ELD which stands for Electronic Log Device. In some cases though, fleets can obtain an ELD exemption.

Fleet owners and operators need to be keenly aware of GPS tracking laws by state so they are compliant at all times. Failure to do so can result in unnecessary fines and legal action that hurt your businesses profit and overall reputation. In this article we are going to go state by state and show exactly what GPS tracking laws, if any, exist.

GPS Tracking Laws by Each State

At a federal level GPS tracking of your own vehicle is legal. The being said, various states have various vehicle tracking laws you should be aware of. We’ve researched every US state to find out the most up to date information on their GPS tracking laws so you can keep your fleet compliant. We found that most states don’t have GPS tracking specific laws. Instead, anything GPS related falls under surveillance related statues.

Alabama

Under its surveillance laws, specifically Alabama code 13A-11-32, it’s illegal to engage in surveillance when trespassing in private places.

Alaska

Alaska’s anti-stalking laws make it illegal to install a device to monitor a person in their home, vehicle or workplace without consent. This means it’s second degree stalking and is covered under Alaska code 13-2923

Arizona

Arizona code 13-2923 makes it illegal to use a GPS device to continuously surveil a person for over 12 hours, or on two or more occasions without authorization.

Arkansas

Arkansas code 22-8-105  says that state owned vehicles may be equipped with tracking devices and monitored.

California

California has stricter GPS tracking laws then most other states. California Penal Code section 637.7 makes it illegal to monitor somebody’s movement without their consent. If you own the vehicle, lease it or are in law enforcement, this law doesn’t apply

Colorado

Colorado enforces Vonnie’s Law, which prevents tracking a person using GPS in way that would cause them emotional distress. Its official name is Colorado C.R.S. 18-3-602. It’s named after Vonnie Flores, who was murdered by an obsessive stalker in 2010.

Connecticut

Connecticut’s GPS tracking legislation falls under its  Public Act 21-56, which covers online harassment. This means it’s illegal to use GPS tracking to cause someone to fear for their safety.

Delaware

Under Delaware’s criminal code title 11 chapter 5, it’s illegal to install a vehicle tracker without the owners consent. Law enforcement officials are exempt, as are legal guardians monitoring a child.

Florida

Florida’s GPS tracking legislation falls under Florida Title 934.425, which makes it illegal to track someone without their consent. There are a few exceptions, such as law enforcement, tracking a minor or elderly relative you are responsible for, or placing a GPS device on your own property.

Georgia

No GPS tracking legislation at present.

Hawaii

In Hawaii,  H.R.S 803-41 and H.R.S. 803-42, both prevent tracking a person without their consent, with the exception of search warrants.

Idaho

Idaho Code 18-6702 makes it illegal to track, intercept and disclose wire, electronic or oral communications. The law doesn’t specifically mention GPS tracking, however.

Illinois

Illinois statute 720 ILCS 65/12-7.3 says GPS tracking is prohibited in most circumstances, unless it’s your own property.

Indiana

Indiana didn’t have specific vehicle tracking legislation up until 2023 when Senate Bill 83 was passed.  Now, under Indiana Code 35-46-8.5-1, it’s illegal to track someone with a GPS device without their consent.

Iowa

Iowa Code 708.11A makes it illegal to put a GPS tracker on another person or object without a legitimate purpose or consent.

Kansas

On April 25, 2023, Senate Bill 217 was approved by the Governor. This bill prevents using an electronic tracking device to harass and stalk a person. The bill hasn’t been signed into law at the time of writing.

Kentucky

Kentucky Statute 508.152  prevents unlawful tracking of a vehicle without the owner’s permission. Exceptions are law enforcement or legal guardians tracking a minor.

Louisiana

Louisiana law R.S. 14:323 prohibits using a tracker to determine a person’s location or movement without consent.

Maine

Maine criminal code 17-A M.R.S., 210-A prevents activities related to stalking. This includes acts or devices that directly or indirectly follow, monitor, track, observe, surveil, threaten or harass another person.

Maryland

In Maryland, code 3-802 makes it illegal to track a person’s location without their consent – under the legislation, this is criminal stalking.

Massachusetts

Massachusetts  law ALM GL. 265-43A makes it illegal to use trackers to stalk and cause distress. Interestingly in 2019, the Massachusetts Supreme Court issued an opinion that said law enforcement cannot use GPS  trackers without a warrant.

Michigan

In Michigan, statute MCLS 750.5392 prevents a person placing trackers on a vehicle without owner or lessee knowledge and consent. The punishment is one year’s imprisonment, a $1,000 fine or both.

Minnesota

Minnesota statute 626A.35 prohibits tracking the movement of another person without a court order. The punishment is a $3,000 fine or 364 days in prison.

Mississippi

GPS tracking legislation falls under stalking law 97-3-107 in Mississippi. It’s illegal to track someone with a electronic tracking device with the intention of stalking them. The punishment is a $1,000 fine or a year in prison.

Missouri

It is an offense to install an electronic tracking device on a vehicle without an owners consent. This is covered by Missouri law 455.095. The exception is if the person is legally indigent – meaning they can’t look after themselves. An example would be a child or elderly person.

Montana

Under its house bill 603, Montana is one of the few states that requires law enforcement to obtain a probable cause warrant before tracking a persons location.

Nebraska

In Nebraska, the only reference to GPS tracking in its laws is 86-2,103, which states that district courts may issue a warrant to install a tracking device.

Nevada

In May 2023, AB356 passed in the Nevada Senate, making it illegal to electronically track a person without their consent. Previous to this, it was legal to place an electronic tracker on a vehicle without consent.

New Hampshire

New Hampshire’s  statute 644-A:4  prevents a person placing an electronic tracker without their consent. This statute came into law in 2015.

New Jersey

In 2022, New Jersey signed into law statute 4:6B-22, which prevents employers from electronically tracking employees without permission. The law applies to both company-owned and employee vehicles. The punishment for violating this statute is a fine of $1,000 for the first violation and $2,500 for the second violation.

New Mexico

In New Mexico, GPS tracking falls under its anti-stalking law, 30-3A-3, which prevents the use of any device to follow, monitor or surveil a specific individual as part of a pattern of conduct that threatens death, bodily harm, sexual assault, confinement or restraint.

North Carolina

Under 14-196.3, it is illegal to track a person’s location without their consent.

North Dakota

North Dakota has a stalking law, code 12.1-17-07.1, that prevents a person from using a GPS or other tracking device that would cause someone to feel intimidated or harassed with no legitimate purpose.

Ohio

Ohio section 2903.211, the state’s menacing by stalking law, addresses conduct that leads someone to fear they’ll be harmed, including by electronic means. However, its not explicitly clear if this includes GPS tracking devices.

Oklahoma

In Oklahoma, its statutes Title 21-1173, which covered stalking and harassment, was amended in 2018. This amendment made it illegal to track a person with GPS without their consent.

Oregon

Oregon statute 163.715 states that it is illegal to affix a GPS device to a vehicle without the owner’s consent.

Pennsylvania

Pennsylvania’s Title 18 Subchapter D , makes it illegal to place a mobile tracking device on a vehicle without the owner’s consent.

Rhode Island

Rhode Islands Gen. Laws. 11-69-1, makes it illegal to to knowingly install, conceal, or otherwise place or use an electronic tracking device in or on a motor vehicle without the consent of the operator and all occupants of the vehicle for the purpose of monitoring or following the operator, occupant, or occupants of the vehicle.

South Carolina

Under South Carolina Bill 3213, it’s unlawful for individuals or law enforcement to use a GPS tracking device without consent.

South Dakota

South Dakota Codified Laws 23A-35-4.3 states that you need a warrant issued by a magistrate to use a GPS tracking device. In the legislation this refers to law enforcement.

Tennessee

Tennessee Code Ann. 39-13-606 makes it illegal for a person to attach an electronic tracking device to a vehicle without all of the owners’ consent. It is also illegal for a lessee to attach a GPS tracking device to a rented vehicle.

Texas

In Texas, Penal Code 16.06 makes it unlawful for any individual to place an electronic tracking device in a vehicle.  The exception is if there’s consent from the owner or lessee, or as part of a criminal investigation.

Utah

Utah Code 76-9-408 makes it illegal to install a tracker on a vehicle owned or leased by another person without permission. Law enforcement with a court order, licensed private investigators and legal guardians of a child or elder are allowed to use electronic tracking without consent.

Vermont

Vermont’s anti-stalking law prohibits monitoring or tracking an individual while the state’s Electronic Communication Privacy Act 8101 means any data collected by GPS requires a warrant to be accessed by law enforcement.

Virginia

Per Virginia Code 18.2-60.5, it’s unlawful to use a tracker through deceptive means to track people without consent.

Washington

In Washington state, RCW 9A.90.130 prohibits using an electronic location tracker if doing so would cause reasonable fear.

West Virginia

West Virginia Code 61-3-50 states that it is illegal to use GPS devices to discover another person’s whereabouts without consent. The first offense counts as a misdemeanor, while the second offense is an automatic felony.

Wisconsin

Wisconsin Statute 940.315 makes it a misdemeanor to place GPS trackers on vehicles owned or leased by another person. It’s also illegal to intentionally obtain information on a person’s movement or location generated by a GPS placed without consent.

Wyoming

As part of Wyoming Stat. 6-2-506, it’s illegal to use electronic, digital or GPS devices to surveil someone without authorization.

GPS Tracking Legality: Considerations for Your Company

Here are a few things your company has to consider to ensure you’re protected if you use GPS tracking on your fleet.

Where You Operate

The first thing to consider is the state(s) where you operate. Rules and regulations vary widely, as some states have few to no rules about tracking employees, while others have strict guidelines in place. Read up on your state’s laws in detail before implementing a GPS tracking policy so you operate within the rules.

Who Owns the Vehicles You Use

If you own your vehicles, you’re allowed to track them as you see fit. However, if your employees use their own vehicles (or you don’t own your fleet) it’s not as straightforward, and you’ll generally need to get consent to track them.
Also, if employees use vehicles you don’t own, be careful not to track them outside of working hours, as this could be an invasion of privacy.

The Type of Tracker You Use

You’ll normally use either a vehicle-mounted tracker or an app to track your fleet. If you mount a tracker on a vehicle you own, you can use GPS tracking at your own discretion. However, if you want to use a tracking app installed on an employee’s personal phone, you’ll need their consent.
Make sure you’re not tracking workers’ personal devices outside of business hours to maintain their right to privacy.

Create a Detailed GPS Tracking Policy

It’s wise to have a detailed GPS tracking policy in place. This is a set of rules or guidelines that tells your employees what you’re tracking, how you’re tracking it, and more.
You should consider working with a lawyer to create the policy to ensure it’s compliant with state regulations. Be sure to update the policy often, as the rules and laws surrounding tracking and privacy rights are always changing.

Creating a Company GPS Tracking Policy

A GPS tracking policy is an important part of being transparent with your team and making sure you’re compliant with state laws. Here are a few things it should cover.

Explain the Reason for GPS Tracking

The policy needs to make it clear why you’re using GPS tracking and the benefits it provides. These could include improving fuel efficiency, preventing theft, monitoring driving behavior, and optimizing routes.

Mention the Type of Tracker Being Used and How It Works

The policy should outline whether you’re adding a tracker to the vehicle itself or if you need employees to download an app. Include any specific steps your team has to take to facilitate proper tracking, such as keeping their devices in the vehicle or turning off/on the tracker.
Make sure to explain how you’ll protect their personal privacy if the tracker is installed on a device they use in their personal time, like their phone.

Specify the Data Being Tracked and How It’s Used

Your GPS tracking policy must be specific about the data you’re tracking. This could include location-related data, driving speed, mileage, and anything else you want to monitor. Make sure to identify how the data gets used, whether for evaluating worker performance, identifying ways to reduce costs, or increasing productivity.

How the Data Is Protected and How Long It’s Kept For

Your policy must include your plan for protecting the data you gather, such as restricting access to the data to authorized staff members. Also, mention how long you’re going to keep the data.

Get the Proper Consent

The policy should also ask for employees’ consent. This is required by law in some cases, but even if not, asking for consent builds trust within your organization and ensures you’re being as transparent as possible.