Saf-C 7200

CHAPTER Saf-C 7200 AUTOMATED LICENSE PLATE READER REGISTRATION RULES

Statutory Authority: RSA 261:75-b, III

PART Saf-C 7201 PURPOSE AND SCOPE

Saf-C 7201.01 Purpose. The purpose of this chapter is to set forth the procedure for the registration of automated license plate readers used by law enforcement within the state, and the annual reporting requirements to the department.

Source. #12648, eff 10-22-18

Saf-C 7201.02 Scope. These rules shall apply to local, county, and state law enforcement agencies that utilize automated license plate readers within the State of New Hampshire.

Source. #12648, eff 10-22-18

PART Saf-C 7202 DEFINITIONS

Saf-C 7202.01 “Administrative point of contact (Administrative POC)” means the person within a law enforcement agency assigned as the custodian of the training, policy, and audit records as required by RSA 261:75-b.

Source. #12648, eff 10-22-18

Saf-C 7202.02 “Automated license plate readers (LPR)” means “number plate scanning device” as defined in RSA 259:68-a.

Source. #12648, eff 10-22-18

Saf-C 7202.03 “Commissioner” means the commissioner of the New Hampshire department of safety or his designee.

Source. #12648, eff 10-22-18

Saf-C 7202.04 “Department” means the department of safety.

Source. #12648, eff 10-22-18

Saf-C 7202.05 “Head of law enforcement agency” means the chief law enforcement officer of the law enforcement agency, or his or her designee.

Source. #12648, eff 10-22-18

Saf-C 7202.06 “Law enforcement agency (LEA)” means a government agency that is responsible for the enforcement of laws within the State of New Hampshire.

Source. #12648, eff 10-22-18

Saf-C 7202.07 “Technical point of contact (Technical POC)” means the person within or outside of the law enforcement agency responsible for technical matters related to the LPRs.

Source. #12648, eff 10-22-18

PART Saf-C 7203 REGISTRATION OF AUTOMATED LICENSE PLATE READERS

Saf-C 7203.01 Registration Prior to Deployment of LPR.

(a) Prior to use by any law enforcement agency, the head of the law enforcement agency shall register each LPR with the commissioner by completing and submitting “Registration of Automated License Plate Readers Form”, DSCO1, effective 10/2018, and returning it to the department.

(b) The head of the law enforcement agency shall sign and date DSCO1 to certify that:

(1) Each LPR deployed shall conform to all the conditions and limitations set forth in RSA 261:75-b;

(2) The LEA has a policy or policies in effect governing the use of LPRs;

(3) The LEA has a documented training process in place for the officers who will use an LPR; and

(4) The LPR shall be maintained in accordance with its manufacturer’s recommendations.

Commissioner’s Office

New Hampshire Department of Safety

33 Hazen Drive

Concord, NH 03305

Source. #12648, eff 10-22-18

Saf-C 7203.02 Change of Registration Information.

(a) The head of the law enforcement agency shall report to the commissioner changes to information set forth in a submitted DSCO1 form within 10 calendar days of the effective date of the change.

(b) Notwithstanding any rule to the contrary, only the following change of registration information shall be required to be reported pursuant to (a) above:

(1) Administrative POC;

(2) Technical POC; or

(3) The decommissioning of any registered LPR.

Source. #12648, eff 10-22-18

PART Saf-C 7204 ANNUAL REPORTING REQUIREMENTS

Saf-C 7204.01 Annual Reporting.

(a) No later than 30 calendar days following the year anniversary of deployment of an LPR, the head of the law enforcement agency shall provide a report to the commissioner of the information set forth in (b) below, compiled from the previous year.

(b) The annual report shall contain:

(1) The number of LPRs in use, including for each device:

a. The date it was deployed; and

b. The manufacturer and model number;

(2) The number of matches made by each LPR device;

(3) The number of matches that identified vehicles and individuals sought by law enforcement that resulted in stops of vehicles or individuals; and

(4) The number of matches that resulted in searches of vehicles and individuals, releases, arrests, or other outcomes.

Commissioner’s Office

New Hampshire Department of Safety

33 Hazen Drive

Concord, NH 03305

Source. #12648, eff 10-22-18

APPENDIX

Rule	Specific State Statute the Rule Implements
Saf-C 7201.01 – 7201.02	RSA 541-A:7
Saf-C 7202.01 – 7202.07	RSA 541-A:7
Saf-C 7203	RSA 259:68-a; 260:5; 261:75-b, III
Saf-C 7204	RSA 260:5; 261:75-b, XI