41-6a-2003.  Automatic license plate reader systems — Restrictions.

(1)  Except as provided in Subsection (2), a governmental entity may not use an automatic license plate reader system.

Terms Used In Utah Code 41-6a-2003

  • Automatic license plate reader system: means a system of one or more mobile or fixed automated high-speed cameras used in combination with computer algorithms to convert an image of a license plate into computer-readable data. See Utah Code 41-6a-2002
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Department: means the Department of Public Safety. See Utah Code 41-6a-102
  • Governmental entity: includes :
(i) every office, agency, board, bureau, committee, department, advisory board, or commission of an entity listed in Subsections (3)(a)(i) through (xviii) that is funded or established by the government to carry out the public's business; or
(ii) a person acting as an agent of a governmental entity or acting on behalf of a governmental entity. See Utah Code 41-6a-2002
  • Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
  • Law enforcement agency: means the same as that term is as defined in Section 53-1-102. See Utah Code 41-6a-102
  • parking: means the standing of a vehicle, whether the vehicle is occupied or not. See Utah Code 41-6a-102
  • Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
  • Secured area: means an area, enclosed by clear boundaries, to which access is limited and not open to the public and entry is only obtainable through specific access-control points. See Utah Code 41-6a-2002
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
  • Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
    • (2)  Subject to Subsection (3), an automatic license plate reader system may be used:

    (a)  by a law enforcement agency:

    (i)  as part of an active criminal investigation;

    (ii)  to apprehend an individual with an outstanding warrant;

    (iii)  to locate a missing or endangered person; or

    (iv)  to locate a stolen vehicle;

    (b)  by a governmental parking enforcement entity for the purpose of enforcing state and local parking laws;

    (c)  by a parking enforcement entity for regulating the use of a parking facility;

    (d)  for the purpose of controlling access to a secured area;

    (e)  for the purpose of collecting an electronic toll;

    (f)  for the purpose of enforcing motor carrier laws;

    (g)  by a public transit district for the purpose of assessing parking needs and conducting a travel pattern analysis;

    (h)  by an institution of higher education within the state system of higher education as described in Section 53B-1-102:

    (i)  for a purpose described in Subsections (2)(a) through (d); or

    (ii)  if the data collected is anonymized, for research and educational purposes;

    (i)  by the Utah Inland Port Authority, created in Section 11-58-201, or by a contractor of the Utah Inland Port Authority with the approval of the board of the Utah Inland Port Authority, if:

    (i)  the automatic license plate reader system is used only within a project area, as defined in Section 11-58-102, of the Utah Inland Port Authority;

    (ii)  the purpose of using the automatic license plate reader system is to improve supply chain efficiency or the efficiency of the movement of goods by analyzing and researching data related to commercial vehicle traffic; and

    (iii)  specific license plate information is anonymized; or

    (j)  by an international airport owned by a governmental entity for the purpose of promoting efficient regulation and implementation of traffic control and direction, parking, security, and other similar operational objectives on the airport campus.

    (3)  A law enforcement agency may not use an automatic license plate reader system unless:

    (a)  the law enforcement agency has a written policy regarding the use, management, and auditing of the automatic license plate reader system;

    (b)  for any stationary device installed with the purpose of capturing license plate data of vehicles traveling on a state highway, the law enforcement agency obtains a special use permit as described in Section 72-1-212 from the Department of Transportation before installing the device; and

    (c)  the policy under Subsection (3)(a) and any special use permits granted in accordance with Subsection (3)(b) are:

    (i)  posted and publicly available on the appropriate city, county, or state website; or

    (ii)  posted on the Utah Public Notice Website created in Section 63A-16-601 if the law enforcement agency does not have access to a website under Subsection (3)(c)(i).

    Amended by Chapter 524, 2023 General Session

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