New York State Department of Transportation



INSTRUCTIONS FOR APPLICATION AND PERMIT TO OPERATE EQUIPMENT FOR LAW ENFORCEMENT PURPOSES WITHIN STATE RIGHT-OF-WAY (FORM LEE-01)

This application may be used for Law Enforcement Equipment to be operated within the state right-of-way. As of this writing the primary devices to be permitted are License Plate Readers, but other devices intended to promote public safety and security may be considered. The applicant should submit maps and drawings to show exact locations of the equipment and installation methods. The drawings should also show how any electrical or utility service will be connected to the equipment.

Applicant – The applicant for a permit to operate Law Enforcement Equipment shall be a federal, state, or local public law enforcement agency. A county District Attorney’s Office may apply.

Permit Number –The permit number shall be formatted as LEE XX YYYY where XX refers to the region number, and YYYY is a regionally based sequential numbering system. LEE 07 0014 would be the 14th LEE permit issued in Region 7.

Location – The location description should include the Route # or highway name, nearest reference marker, the municipality, county and any other appropriate location information. A separate sheet should be attached for multiple locations.

Paragraph 2 – Limited Use of Equipment and Data

The Department shall ensure that, to the extent practicable, data collected by the permittee is managed in a manner consistent with New York State Department of Transportation Policy On the Use of Data Collected by NYSDOT Systems. The policy establishes principles and guidelines for what data is collected, how it is used, how long personally identifiable information (“PII”) is retained, and how data of any kind may be shared with third-parties and/or the public. To ensure the Policy principles are maintained, access to License Plate Reader data which may be shared with the Department by the permittee including images and PII is restricted to specified Departmental staff able to access it only with a Department identification and password. For purposes of this Policy, the Department emphasizes the "reasonable expectation of privacy" for data collection and the use of information. The Department expects that individuals and vehicles will not be depicted in Department data in such a way that they might be exposed to public recognition or unwarranted contact from others. This means that the Department will take all reasonable efforts consistent with this Policy to ensure that data collection systems are generally not used to collect PII, unless otherwise noted.

To avoid redundant law enforcement equipment installations by different enforcement agencies, the permittee is directed to share access to the equipment or data with other law enforcement agencies having jurisdiction.

Paragraph 3

If the equipment will be installed on existing appurtenances (poles, cabinets, structures, etc.) the applicant should submit approval documentation from the owner of the appurtenance. Requests for placement on NYSDOT structures should be referred to the Regional Structures Group.

Paragraph 5

NYSDOT requests for access to law enforcement equipment data are expected to be infrequent.

Paragraph 8 – Insurance and Indemnity

The applicant shall provide evidence of worker’s compensation and disability insurance or exemption (form C-105.2 and form DB-120.1). The permittee shall maintain commercial general liability insurance coverage. As an alternative, the appropriate municipality may file a PERM 1 Undertaking signed by an appropriate authorized official.

Paragraph 9 – Required Highway Work Permits

The applicant should be advised that a separate highway work permit will be needed to enter the right of way to install the equipment (PERM 33 type 5d5 or 5d6 depending on complexity) and another highway work permit is required to maintain the equipment. Installations at multiple locations within a county can be grouped into a single work permit. Maintenance or repair of equipment can be done under either a single job work permit (PERM 33 type 8) or an annual maintenance work permit (PERM 32, Type 2b or a PERM 33 Type 5.b.d) as determined by the department based on the scope of work. An annual maintenance work permit can cover multiple locations grouped together by type of work or equipment or geographic area as determined by the department.

Paragraph 10 – Use & Occupancy

Since this permit includes a conditional and revocable license to locate law enforcement equipment on state right-of-way at the specified location, a separate Use and Occupancy permit is not necessary.

Paragraph 11 – Authority of applicant

The applicant should complete and sign the application and have it notarized. The person signing the application should have the authority to commit the permittee to complying with terms and conditions of the permit.

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