In 2023, South Carolina lawmakers proposed legislation aimed at expanding the use of automatic license plate readers (ALPRs) across the state to enhance public safety and aid in law enforcement investigations. The bill sought to authorize widespread deployment of these cameras on public roads and highways, allowing law enforcement agencies to collect and store license plate data to track stolen vehicles, locate suspects, and monitor traffic patterns.
However, the proposed law failed to pass amid concerns about data privacy, lack of clear regulations on data retention, and fears of potential misuse or overreach. While South Carolina has yet to enact statewide ALPR legislation, neighboring states like North Carolina have already integrated these systems across highways, public roads, and even at Customer Service Centers. These traffic-control devices are used for toll collection, speed enforcement, and gathering photographic evidence, proving to be indispensable tools for both safety and surveillance.
Tracking and Real-Time Monitoring of Vehicular Traffic
Modern license plate cameras allow Police departments, the Columbia-Richland Fire Department, the Raleigh Police, and even federal authorities like CBP to access both real-time and archived license plate scans. These scans,collected through CBP License Plate Reader Technology,are stored in centralized databases and shared across respective jurisdictions, always under a competent jurisdiction. On roadways like the Ohio Turnpike, operated by the Ohio Turnpike and Infrastructure Commission, these systems enforce maximum speed limits, detect a disabled vehicle, track a towing vehicle, and monitor combination of vehicles with precision.
Beyond enforcement, these tools serve key purposes in public service employment, including traffic pattern analysis, congestion management, and identification of hazards. Whether monitoring a green signal, a pedestrian-control signal, visual signals, or an audible signal, ALPRs function alongside official traffic-control devices to ensure efficiency and safety on public highways.
Legal Landscape: Expectation of Privacy and Reasonable Suspicion
The increased deployment of ALPRs raises ongoing legal concerns, particularly around the expectation of privacy and reasonable suspicion. In the United States, courts have consistently ruled that individuals have a reduced reasonable expectation of privacy when traveling on public roads, especially near official traffic-control devices like a green signal or pedestrian-control signal.
However, privacy concerns persist. The Privacy Impact Assessment Report and Privacy Policy on CBP License Plate Reader Technology reflect the growing scrutiny around data collection. States like Rhode Island enforce stringent data storage limits and regular audits. Under the Government Data Collection and Dissemination Practices Act, the use of photographic evidence without proper reasonable suspicion may be considered inadmissible. In such cases, even facie evidence might be challenged, especially when legal processes lack transparency or procedural fairness.
Law Enforcement Protocols and Traffic Devices
To enforce the minimum speed limit or respond to a disabled vehicle with no person or person in charge present, law enforcement vehicles are equipped with digital video recording devices, breath testing devices, and comprehensive traffic-control devices. Officers often coordinate with towing companies such as Mid-Carolina Steel and Recycling Company to remove hazards promptly on public highways, especially in North Carolina and South Carolina.
These devices are key to forming the officer’s reasonable basis for stops or citations. As outlined in cases like Green v. City and County of San Francisco, the U.S. courts uphold the need for reasonable suspicion and due process before enforcement actions are deemed lawful.
Interagency Collaboration and Database Oversight
Agencies across states, from Kansas City to Rhode Island, participate in interagency cooperation under the guidance of the International Association of Chiefs of Police and federal support from the Department of Homeland Security. Access to license plate scans is strictly regulated and audited to ensure only authorized personnel in respective jurisdictions retrieve sensitive information. All requests require sign-off from a competent jurisdiction, ensuring legal compliance and data integrity.
Customer Service, Compliance, and Toll Collection
At Customer Service Centers,especially those tied to toll systems like the Ohio Turnpike,motorists receive toll violations or speeding tickets based on photographic evidence. Notices are mailed out with options to resolve them via debit card online or at a Customer Service kiosk. These centers also handle cases of misidentification caused by blurry license plate scans, ensuring that due process is afforded to all drivers. Disputes often involve proving whether a towing vehicle or combination of vehicles was mistakenly cited.
Public Service Employment and Judicial Oversight
Roles in public service employment tied to transportation safety involve monitoring traffic-control devices, audible signals, and visual signals. These professionals work in tandem with law enforcement and transportation officials to ensure public roads remain safe and legally compliant.
Judicial oversight is evolving. While photographic evidence from ALPRs can be compelling, courts in states like North Carolina, Rhode Island, and South Carolina are paying closer attention to reasonable suspicion and privacy concerns. Legislative reforms, court rulings, and public awareness are shaping how license plate cameras will be governed in the future.
Balancing Technology, Privacy, and Law in the United States
Automatic license plate readers are reshaping how vehicular traffic is monitored, tolls are processed, and traffic laws are enforced across the United States. As states like North Carolina and Rhode Island expand their reliance on this technology, balancing the benefits with the constitutional rights of citizens is more important than ever. Issues like expectation of privacy, reasonable expectation, and reasonable suspicion will continue to drive the national conversation.
Whether it’s for toll collection, identifying a disabled vehicle, monitoring traffic-control devices, or supporting public service employment, ALPRs remain at the forefront of smart traffic management,under the watchful eyes of judicial oversight and growing public scrutiny.
Get the Legal Help You Deserve – Contact Ted Law Today!
If you’ve been affected by issues involving a towing company, or had your rights violated under the Government Data Collection and Dissemination Practices Act, it’s time to take action. Whether you’re dealing with concerns around privacy policy compliance, a Privacy Impact Assessment Report, or actions taken by a person in charge within a competent jurisdiction, Ted Law Firm is here to help.
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Attorney Ted Sink, founder of The Ted Law Firm, is a Yale, Stanford Business School, and Charleston School of Law graduate and former marketing executive who built a 7-figure law practice, earning millions for his clients. With experience in both law and advertising, Ted has been recognized in Forbes, Entrepreneur, and the ABA Journal. He speaks at industry conferences on marketing and law firm management, sharing insights from his unique background to help other firms grow. When not working, Ted enjoys traveling, diving, and dog-sitting golden retrievers.
