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

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

  1. flood

    flood Road Train Member

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    post a link (not hear say) that a leasing co. bank or owner of a vehicle must tell anyone that it has a gps tracker...

    it is not against the 4th amendment for the legal owner (and you are not the legal owner until you pay it off) to gps track a vehicle they own and no they don't have to tell you about it.
    just as it's not illegal for the company you are leased on with to gps track you
     
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  3. BigBadBill

    BigBadBill Bullishly Optimistic

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    Now there may be an issue if it was traditional finance with you on title and bank having lien. But last I saw LM was "renting" a truck and then you owned it at the end.
     
    Last edited: Jun 14, 2012
  4. sphauler1

    sphauler1 Bobtail Member

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    look up Federal Law concerning GPS Unit being placed with out probale cause or a warrant, and if the registered owner who leases the the vehicle informs the leasee that he has a GPS tracker it is legal But again show me your contract that it states you knowling acknowledge the placement of any GPS unit on your leased vehicle or are the placing these to gain legal advantage on a Owner Operator

    Rental car companies have on there contract in very small print that there is a GPS tracker on all there rentals

    There all over the court system when the police FBI and other agencies do not get a warrant for a GPS and most defense attornies win there motions to dismiss on grounds that a warrant wasn't obtained for the GPS

    No one is above the law no one it is illegal not to inform you that a GPS was placed on your vehicle without consent or knowledge

    If Lone Mountain and other companies are above board why isn't in there contract that they have place a GPS unit on the vehicle .

    Negative i am a happy company driver and have no intentions on leasing any truck from any one i answered one comment and it went crazy
     
    Last edited by a moderator: Jun 15, 2012
  5. DEMO

    DEMO Money Bags

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    So.... Lone Mountain is an front for the FBI? The 4th amendment does not apply to private business, as fourtycal stated. Also, have you ever seen the LM lease agreement? Maybe it's in there...
     
  6. DEMO

    DEMO Money Bags

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    ####, they went easy on you here...:biggrin_25520:
     
  7. sphauler1

    sphauler1 Bobtail Member

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    The 4th amendment applies to everything and anything concerning violations of the federal and state law which vary per state
     
  8. skateboardman

    skateboardman Road Train Member

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    dude you are confusing placing gps trackers by police and law enforcements agents to gather evidence in a criminal proceding with a financial institution tracking property with a lien on it.

    and whether its a lease or financing with a lien on it , the property may be tracked with a gps tracker if the lendor desires.

    and the lone mountain agreement is a lease, it differs in a few respects from a rental. but their lease seems to work for many people.

    and for the life of me, i simply cannot understand why anyone would object to a company keeping track of collateral. if ya make your payments you have no problem, but if you are someone who stays one day ahead of the repo man , you might object to it.

    i wonder why lone mountain didnt show up when my truck was parked inside my metal shop for 12 days from may 17th to may 29th,2012????


    i got the answer , my payment was made on the due date of the 15th as it has been for the last 20 months.



    basically sphauler, you have things severly confused on the gps issue and your brother the travel agent does to.
     
    rollin coal Thanks this.
  9. rsconsulting

    rsconsulting Light Load Member

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    But you're talking about POLICE AND LAW ENFORCEMENT.

    Not about a PROPERTY OWNER keeping track of THEIR PROPERTY.

    A lease is nothing more than a "long term rental agreement", with "potentially" a buy-out-clause at the end of the lease. The LESSOR, still RETAINS TITLE to the property leased, and is still the LEGAL OWNER.

    The LESSEE only pays for the "license" to use the leased property, in accordance with the terms of the contract. So I don't see any LEGAL REASON WHY - LMTL or any other company, could not use a tracking device to verify the location of THIER PROPERTY, and would not require a lessee's "permission" to do so (though if they were "nice" about it - they would bury it somewhere in the contract, and, we have no idea whether or not THEY ACTUALLY DO).

    OTOH - (as Bill mentioned), a BANK LOAN gives the purchaser TITLE (and ownership) of the property, with the bank putting a LIEN on the title, as a "security interest" in the property being financed. Since the purchaser IS THE OWNER of the property, the finance company would not have any standing to place a tracking device in the vehicle, without the owners knowledge or permission (and doing so would likely be grounds for a LAWSUIT, but not necessarily a "civil rights or criminal violation of law").

    So, since a LMTL repo job is not going to see a criminal court. Though in some states, similar to not returning a rental car, you could be charged with a criminal offense - seen it done a number of times, (though not necessarily with a leased Class 8 ), but I have seen a friend with a "leased" BMW, who, upon demand from the leasing company, REFUSED to return a car he had defaulted on his lease agreement with (by failure to pay), and he got charged with GTA and possession of stolen property, when the leasing company called the car in STOLEN.

    Rick

    edit to add: so, if you're planning to "boogie" on your leasing company - BE CAREFUL, you may end up leaving a coop or roadside stop IN HANDCUFFS - and I don't think they're going to give a rats patoot whether or not you're under a load or not.
     
    Last edited: Jun 14, 2012
  10. flood

    flood Road Train Member

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    what law are they breaking.....?????? POST A LINK

    what part of it's not your vehicle until it's paid for don't you get.....?

    yes they can put a gps in their truck and no they are not required to tell you about it... if they did tell you about it and you didn't make the payments you would fine it and rip it out then how would they find it to get it back.....???
     
  11. sphauler1

    sphauler1 Bobtail Member

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    All LM has do do is post a sign or put it in there contract that there is a GPS on board there truck. But LM being so quiet about it they know they are breaking the law and the law can vary from state to state. Again everyone is asking LM but there not answering. Why hide the fact they have GPS on there trucks if they are legal, i quess they are not.
     
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