State record · CA · 2026-09-01 · Statute

California

Live on this state’s ALPR statute. The occupancy form on file is not a named ALPR highway instrument. A live card is not a permit in hand.

Highway system

Primary

State highways: the department (Caltrans) has full possession and control of all state highways and all property and rights in property acquired for state highway purposes, and is to lay out and construct them between the termini designated by law on locations determined by the commission (Sts. & Hy. Code § 90).

Owner

Primary

California Department of Transportation (Caltrans)

Right-of-way

Not retrieved

not packed. California’s statutory ROW definition is not packed in this build. Encroachment Permits Manual § 508.12 talks about “State highway right-of-way” and distinguishes conventional highway ROW from access-controlled ROW. Do not substitute Florida § 334.03(21).

Public records

Primary

California Public Records Act (Gov. Code §§ 7920.000 et seq.; declaration § 7921.000). Who may request: Every person in this state (Gov. Code § 7921.000 — access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person) Not the Brown Act. Brown Act is open meetings (Gov. Code § 54950 et seq.).

Not the Brown Act. Brown Act is open meetings (Gov. Code § 54950 et seq.).

Open meetings

Primary

Ralph M. Brown Act (Gov. Code § 54950 et seq.)

ALPR statute

Primary

Cal. Veh. Code § 2413; Cal. Civ. Code §§ 1798.90.5–1798.90.55 — CHP license-plate-reader data; Collection of License Plate Information. Vehicle Code § 2413 (CHP only): CHP may retain LPR data no more than 60 days except when used as evidence or for felonies being investigated (auto theft, homicides, kidnaping, burglaries, elder and juvenile abductions, Amber Alerts, Blue Alerts listed). CHP shall not sell LPR data and shall not make it available to a non-LE agency or a non-LE individual. LE use is limited to locating vehicles or persons reasonably suspected of being involved in a public offense. CHP must monitor internal use and report annually to the Legislature. Civil Code Title 1.81.23 (all ALPR operators and end-users, with listed exceptions): operators and end-users must keep security practices and a public usage-and-privacy policy (authorized purposes, who may access, monitoring, sale/sharing rules, custodian, accuracy, retention length and destruction process). Operators who access or provide access must log date/time, plate or query elements, username/affiliation, and purpose, and may use data only for authorized policy purposes. A public agency shall not sell, share, or transfer ALPR information except to another public agency and only as otherwise permitted by law (hosting or towing is not a transfer). A public agency that operates or intends to operate an ALPR system must take public comment at a regular meeting of its governing body before implementing the program. A person harmed by a knowing violation may sue (liquidated damages not less than $2,500, plus possible punitive damages and fees). Retention: CHP: 60 days unless evidence or a felony investigation (§ 2413(b)). Other operators/end-users: the length of time is whatever their public usage-and-privacy policy states (§§ 1798.90.51(b)(2)(G), 1798.90.53(b)(2)(G)). No statewide day-count for non-CHP agencies is in the packed Civil Code sections..

These statutes are not the Caltrans permit. § 2413 is CHP-only. Civil Code 1798.90.5 et seq. is the operator/end-user privacy title. 2025–26 bills (SB 274 vetoed; SB 1013 pending/amended) are not packed as current law.

ROW permit

Primary

Encroachment Permit for Law Enforcement Surveillance Devices (Encroachment Permits Manual § 508.12). Who may apply: Local law enforcement agencies or the California Highway Patrol. Table 5.20 item 1: encroachment permits authorizing installation, ownership, and/or operation of LESD infrastructure in State highway ROW can be issued only to those agencies.. If attached to Caltrans infrastructure, Caltrans may remove the LESD without first notifying the Permittee when needed for maintenance or to rehabilitate damaged Caltrans infrastructure (Table 5.20 item 14(a)). Stored up to 30 calendar days; then Caltrans may dispose. Reinstall needs a new encroachment permit unless the Permittee holds an annual maintenance permit for that equipment and location.. This is not Florida’s General Use Permit and not Minnesota’s OLPA. Caltrans’ instrument is an Encroachment Permit under Manual Chapter 500, § 508.12 (current as of 09/2023). ALPRs are named as a kind of Law Enforcement Surveillance Device. Caltrans must have no direct access to or control of the surveillance data (Table 5.20 item 10).

This is not Florida’s General Use Permit and not Minnesota’s OLPA. Caltrans’ instrument is an Encroachment Permit under Manual Chapter 500, § 508.12 (current as of 09/2023). ALPRs are named as a kind of Law Enforcement Surveillance Device. Caltrans must have no direct access to or control of the surveillance data (Table 5.20 item 10).

https://dot.ca.gov/programs/traffic-operations/ep/ep-manual

All state packs · Process