Utah Admin. Code R920-4-16 - Special Use Permit for Automatic License Plate Reader System and Requirements for Local Governments and Law Enforcement Agencies

(1) Sections R920-4-2 through R920-4-15 do not apply to this Section R920-4-16.

(2) Section 72-1-212 authorizes the department to issue a special use permit to a law enforcement agency to install an automatic license plate reader system for the purpose of capturing license plate data of vehicles traveling on a state highway, regardless of whether the device is installed on property owned by the department or the law enforcement agency.

(3) As used in this Section R920-4-16:

(a) "Automatic license plate reader system" or "ALPRS" means the same as "automatic license plate reader system" is defined in Section 41-6a-2002.

(b) "Encroachment" means the use of highway right-of-way to install or maintain an automatic license plate reader system on department property.

(c) "Law enforcement agency" means the same as that term is defined in Section 53-1-102.

(d) "Special use permit" means a permit issued under this Section R920-4-16 to authorize the installation of an ALPRS along a state highway for the purpose of capturing license plate data of vehicles traveling on a state highway, regardless of whether or not the device is installed on property owned by the department.

(4) A special use permit described under Subsection R920-4-16(2) is required before installing an ALPRS to capture the license plate data of vehicles traveling on a state highway. The department may only issue a special use permit to:

(a) a law enforcement agency with contracting authority; or

(b) a local government entity on behalf of its law enforcement agency.

(5)

(a) A special use permit issued under this Section R920-4-16 also authorizes the permittee and its contractors that comply with this Section R920-4-16, to apply for an encroachment permit for any encroachment in connection with the special use permit.

(b) The department shall follow the requirements of rule Section R930-6-10 and other applicable laws when issuing an encroachment permit.

(6) A contractor or agent of a special use permittee under this Section R920-4-16 may only perform work in connection with the special use permit after the contractor or agent executes, and maintains compliance with, an authorized provider agreement that addresses liability and other department requirements related to such work.

(7) The department may not issue a special use permit unless the applicable law enforcement agency demonstrate compliance with the requirements of Section 41-6a-2003 and any other applicable state statutes.

(8)

(a) Each law enforcement agency or other government entity that obtains a special use permit under this Section R920-4-16 shall file with the department a list identifying the location of each ALPRS proposed to be installed or installed, within its jurisdiction by the Global Positioning System (GPS) coordinates of each proposed or installed ALPRS.

(b) The law enforcement agency or government entity shall promptly update its list of ALPRS locations when it adds, relocates, or removes an ALPRS.

(c) The requirement to provide a list of ALPRS locations described in this Subsection R920-4-16(8) is in addition to any requirement that the department imposes to obtain an encroachment permit for each ALPRS installation.

(9)

(a) A law enforcement agency or government entity that obtains an encroachment permit under this Section R920-4-16 shall indemnify the department against liability for the negligent, reckless, and wrongful acts and omissions of the government entity, its employees, its contractors, and such contractors' personnel, arising from or related to the encroachment permit and activities undertaken in connection with the encroachment permit.

(b) A third party, such as a contractor or agent engaged by a government entity or law enforcement agency, that obtains an encroachment permit under this Section R920-4-16 to install or maintain an ALPRS shall indemnify the department against liability for the negligent, reckless, and wrongful acts and omissions of the third party, its employees, its subcontractors, and such subcontractors' personnel, arising from or related to the encroachment permit and activities undertaken in connection with the encroachment permit.

(10) An ALPRS installed on a department-owned facility shall be installed in accordance with department specifications and the specific specifications required by the region in which the ALPRS is physically located.

(11)

(a) The department may revoke a special use permit if a local government, law enforcement agency, contractor, or agent violates a term or condition of a permit.

(b) The department may issue an order to stop work being performed immediately upon receiving notice that a condition of a special use permit or an encroachment permit is being or has been violated.

(c) If the department revokes a special use permit under this Section R920-4-16, the permit holder shall promptly stop work and operation of any ALPRS authorized under the permit used to capture license plate data of vehicles traveling on a state highway and any related equipment, whether or not the department issued an encroachment permit for installation of an ALPRS at a specific location.

(12) The department may not charge a government entity or law enforcement agency an application fee for a special use permit.

(13) To appeal a department decision related to a special use permit application under this Section R920-4-16, the entity appealing shall follow the requirements of Rule R907-1.

Notes

Utah Admin. Code R920-4-16

Adopted by Utah State Bulletin Number 2023-23, effective 11/21/2023