Are truck leasing companies allowed to track their vehicles with GPS?

Discussion in 'Trucking Industry Regulations' started by sphauler1, Jun 14, 2012.

  1. sphauler1

    sphauler1 Bobtail Member

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    Most all truck sales and banks are putting GPS trackers on the trucks so they can find them why not tell the driver/owner it is there if ther intentions are purely for non payers. Under federal law they have to tell you that there is a tracker on the truck,otherwise there are doing it illegally and that is why Lone Mountain and other companys won't answer the posts on here, why are they so quiet about it.
     
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  3. flood

    flood Road Train Member

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    1st lone mountain DID answer some post on here

    2nd plz post a link that shows "Under federal law they have to tell you that there is a tracker on the truck"
     
  4. sphauler1

    sphauler1 Bobtail Member

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    [h=2]Eavesdropping, Trespassing and the Fourth Amendment[/h]
    • Shouldn't tracking someone's every move be against the law? The Fourth Amendment to the U.S. Constitution prohibits unreasonable search and seizure without probable cause and a warrant. This argument is used in case law to argue against the use of surveillance devices.
      Though wiretapping and video surveillance have produced extensive federal case law, GPS tracking is fairly new to the federal courts. Case precedence dictates surveillance is allowed as long as it doesn't involve physical trespass and is preceded by probable cause and, in most cases, a warrant.



    Read more: GPS Tracking Laws | eHow.com http://www.ehow.com/about_5557131_gps-tracking-laws.html#ixzz1xmTfPbzL
     
  5. DEMO

    DEMO Money Bags

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    But remember you are "leasing" the truck. It's not yours till you make the last payment, legally it's not your property. Not saying they do or don't or even if I agree with it. They have the right to protect their property and ensure the payments are made or the property is returned. Now, if you bought a truck from a dealer and it's financed in your name, that's a different story....
     
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  6. flood

    flood Road Train Member

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    well said it's not their thruck and even if you financed it in your name it still THE BANKS TRUCK until it's paid for.... remember the term registered owner is not the same a legal owner....! and how about GM and the on-star system, even if you don't pay for the service they can still track you and on-star can even turn on the system and listen in on what is being said in the car and you will never know they are.....

    4th amendment doesn't count because it's not your truck until you pay for it, the owner of the truck has every legal right to track THEIR PROPERTY.
     
    DEMO Thanks this.
  7. sphauler1

    sphauler1 Bobtail Member

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    The registered owner when the lease or sell you the truck or finance the truck must inform you that there is a GPS tracker on the truck either in your lease agreement or you sales agreement please show me where it is on your agreement because it is a clear violation of the 4th amendment not telling the leasee or owner its on the truck my brother is a federal agent and knows the law inside out
     
  8. DEMO

    DEMO Money Bags

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    Have you or do you, plan on leasing from Lone Mountain? I don't understand why this upsets you so much to post on a thread that was inactive for awhile..... Did you have a bad experience?
     
  9. fortycalglock

    fortycalglock Road Train Member

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    Um, call me crazy and all that, but the 4th amendment and any other amendment only apply to governments, not finance companies. Even then, not all amendments are incorporated ie the 2nd. If this is a quote from your "federal agent" friend, he needs to leave the lawyering to the lawyers lol. If there is a tracking device, being a lease vehicle, there is little you could do about it, especially if the policy is to ping the vehicle only when the past due driver will not communicate with the lease company.
     
    Tazz Thanks this.
  10. BigKid2

    BigKid2 Road Train Member

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    Most rental cars have a tracking device on them and they do not notify the renter. Until you make the last payment to Lone Mountain it is not much different than renting a car. Are you sure the US Marshalls didn't tell you that when they came out because you could not get unloaded quick enough?
     
  11. BigBadBill

    BigBadBill Bullishly Optimistic

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    I would love to see the court case saying a person or company is not allowed to track their property. I remember this argument regarding tracking kids via cell phones and vehicle tracking devices. A lot of huffing and puffing but that was it.
     
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