AN ACT TO AUTHORIZE THE INSTALLATION AND USE OF AUTOMATIC LICENSE PLATE READER SYSTEMS IN STATE RIGHTS-OF-WAY.
Enacts new GS 136-18(46). Authorizes the Department of Transportation (DOT) to enter into agreements with municipalities, counties, and other governmental entities to install automatic license plate reader systems, subject to conditions that preserve right-of-way use by other public utilities. Authorizes DOT to approve requests by municipalities, counties, and other governmental entities to use land or rights-of-way owned by the DOT that are encumbered by utility easements for the installation and use of an automatic license plate reader, so long as specified criteria are met, including that the use is temporary, and the license plate reader system is above ground and does not contain combustible fuel. Directs the removal of the system at the request of any affected public utility, and grants affected public utilities the right to move the system when they need immediate access to their facilities.The public utility is only liable for damages to the system resulting from gross negligence or willful misconduct.
Enacts GS 20-183.31(d), prohibiting the use of an automatic license plate reader system installed within a right-of-way under GS 136-18(46) for enforcement of traffic violations that are infractions or include failure to obey traffic signals or exceeding the speed limit.