Vehicle Tracking System

GPS Tracking Laws In Virginia

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GPS Tracking Law Virginia 

What You Need To Know About GPS Tracking Laws In Virginia

Military divorce is unfortunately common in Virginia where social media, sexual text messages, and other outside factors can ruin a good relationship. If you are concerned about infidelity and want to track your spouses’ vehicle you have probably researched how a tracking system can help you bust a cheater. But before you hide an electronic tracking device on your partner’s vehicle it is important to understand the code of Virginia so you don’t break any laws. This article is to help guide you to legally find out the truth about a cheating spouse while avoiding any possible electronic traffic device penalty! 

Best Tracking Devices In Virginia 

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Can I Use A GPS Tracker In Virginia?

Is It Illegal To Spy On Your Spouse In Virginia

It is 100% legal to purchase a GPS device that can record the location of a vehicle. However, how an electronic tracking device is used can either be legal or illegal. Let’s first take a closer look at Virginias’ laws for vehicle tracking. According to Virginia Code § 18.2-60.5, you can not hide a GPS tracking device inside a person’s vehicle without that person’s consent. However, there are some very distinct exemptions. Here is the list of people who can legally spy on your car according to the Virginia code:

  1. Registered Private Investigators 
  2. A Parent Or Legal Guardian Of Teen Driver
  3. Law Enforcement 
  4. Fleet Vehicles Owner
  5. Caregiver Of Incapacitated Adult 

So what does that mean for electronic communications and unauthorized use of electronic GPS devices for people who suspect their partner or spouse might be cheating? Simply put, if you are not the registered owner of the vehicle, any GPS data or evidence gathered from the device will not be admissible in a contested divorce, uncontested divorce, or Virginia family law courtroom. However, the peace-of-mind knowing your partner is cheating is really all most people want when using a tracking system. 

Electronic Tracking Device Penalty In Virginia 

Let’s say you want the truth right away and you do not care what the penalty is. What is the worst that can happen if you put a vehicle tracker inside or outside an automobile you do not own without the consent of the registered owner of that vehicle? According to Virginia law, the electronic tracking device penalty in Virginia is a Class 1 Misdemeanor that can result in a fine of up to $2,5000. 

Electronic Communication Laws May Change 

After hearing about the case, Virginia House Delegate Joe May proposed legislation (HB2032) that would make the use of electronic devices such as GPS trackers a misdemeanor offense when used without the knowledge or consent of the vehicle operator. Of course, the proposed legislation also states that police agencies, people owning the title to a vehicle, probation/parole officers, and Dept. of Corrections workers would still be able to use tracking equipment to perform police GPS tracking applications. The proposed law would also allow parents to use vehicle monitoring devices and teen tracking solutions on their children who are under the age of 18 and operating a motor vehicle.

The bill was making its way through the General Assembly when last reported.

It is important to note that even though some states have passed legislation outlining the application of vehicle monitoring, and some states have simply brought it to the public’s attention that no laws exist that make GPS monitoring illegal, anyone who uses a GPS car tracker should make the appropriate and responsible steps about acquiring their own local laws before investing in a tracking device. People interested in using vehicle monitoring technology in Fairfax, Virginia Beach, Prince William, Loudoun, Henrico, or any other county in Virginia should consult legal counsel in their area of residence, or contact local law enforcement about the existence of any laws pertaining to GPS tracking. This article is in no way shape or forms a representation of the laws that could pertain to the laws in your area.