By Art Liggio, Chairman, Driving Dynamics
March 14, 2022
A new state law, which takes effect on April 18, 2022, will have a significant impact on fleet-based organizations operating in New Jersey. Signed in January by New Jersey Governor Phil Murphy, fleets will have to inform company drivers when installing GPS tracking devices in vehicles. To comply with the law, employers will be required to provide written notification to current drivers and new hires or could face fines of $1,000 for the first violation and $2,500 for each violation thereafter.
Using GPS and other telematics devices certainly provides many benefits to fleets, helping to improve efficiency and also compliance with driver safety policies. However, lawmakers are saying drivers deserve to know when companies collect data about them as part of business operations.
Tracking Law to Protect Drivers
Vehicle tracking devices are considered a common part of modern fleet management A typical reason tracking devices are placed in vehicles is to ensure employees are doing what they are supposed to while operating a company vehicle. These devices also help make routing and dispatch more efficient, so managers know where every vehicle in a fleet is located in real-time. However, the new law is felt to offer added provide protection to drivers. To assure compliance, employers should keep records to verify that they have provided all the appropriate written notifications about tracking devices in use.
Exceptions to the Tracking Law
The law does provide an exception. Devices placed in vehicles for the purpose of “documenting employee expense reimbursement” are not considered a tracking device under provisions of the new law, according to the legal site JD Supra. Also, nothing in the new law supersedes federal regulations on interstate commerce, including the use of electronic communication devices mandated by the Federal Motor Carrier Safety Administration.
It’s worth noting that the mandate to provide written notification on the use of New Jersey vehicle tracking devices applies whether a driver uses a company-owned vehicle or their own personal vehicle.
What’s Happening Elsewhere?
While most states have not yet specifically addressed or adopted statutes regarding vehicle tracking, some states already have rules in place.
- California requires employers to inform any person who is being tracked and to get their consent; failure to do so is an offense that could result in jail time.
- Connecticut prohibits monitoring employees without their knowledge.
- More states will certainly follow in the future. Check with your legal counsel but it seems to make sense that no matter where your fleet operates, you should consider providing an advisory to your drivers if your vehicles are electronically tracked.
Vehicle tracking is a great too for capturing data and improving operational efficiencies such as route planning to achieve the most efficient journey or informing drivers if route changes are needed due to weather, traffic accidents or road construction. And devices can also help managers identify which types of driver training program may be needed based on a driver’s habits. While the new law may mean more some more administration for fleets the outcome could be more engaged drivers.
About the Author
As Chairman, Art Liggio is the driving force behind the company’s mission. He guides the strategic direction of Driving Dynamics and is actively involved in helping clients improve their fleet safety and driver risk management performance.
