Ark. Code Ann. § 12-12-1803 (2020)
Restrictions on use
- Except as provided in subsection (b) of this section, it is unlawful for an individual, partnership, corporation, association, or the State of Arkansas, its agencies, and political subdivisions to use an automatic license plate reader system.
-
An automatic license plate reader system may be used:
- By a state, county, or municipal law enforcement agency for the comparison of captured plate data with data held by the Office of Motor Vehicle, the Arkansas Crime Information Center, the National Crime Information Center, a database created by law enforcement for the purposes of an ongoing investigation, and the Federal Bureau of Investigation for any lawful purpose;
- By parking enforcement entities for regulating the use of parking facilities;
- For the purpose of controlling access to secured areas; or
-
- By the Arkansas Highway Police Division of the Arkansas Department of Transportation for the electronic verification of registration, logs, and other compliance data to provide more efficient movement of commercial vehicles on a state highway.
- An automatic license plate reader system used under subdivision (b)(4)(A) of this section shall be installed at an entrance ramp at a weigh station facility for the review of a commercial motor vehicle entering the weigh station facility.
History. Acts 2013, No. 1491, § 1; 2015, No. 849, § 1; 2017, No. 250, § 9; 2017, No. 707, § 18.
Amendments. The 2015 amendment added (b)(4).
The 2017 amendment by No. 250 inserted the second occurrence of “weigh station” in (b)(4)(B).
The 2017 amendment by No. 707 substituted “Department of Transportation” for “State Highway and Transportation Department” in (b)(4)(A).
Research References
ALR.
Use of License Plate Readers, 32 A.L.R.7th Art. 8 (2018).
Case Notes
Enforcement.
Companies lacked standing to sue the Governor and Attorney General challenging the constitutionality of the Automatic License Plate Reader System Act, § 12-12-1801 et seq., because the injury of which the companies complained was not “fairly traceable” to either official. The Act provides for enforcement only through private actions for damages; and the Governor and Attorney General do not have authority to enforce the Act. Digital Recognition Network, Inc. v. Hutchinson, 803 F.3d 952 (8th Cir. 2015).