Current through Bulletin 2024-06, March 15, 2024
(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.
