2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 20 - Automatic License Plate Reader System Act › Section 2003 - Automatic license plate reader systems -- Restrictions.

Effective 5/3/2023
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.
(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