Bipartisan Measure in Highway Bill Could Ban Police License Plate Tracking

Breaking: Federal Highway Bill Amendment Threatens to Defund Cities Using License Plate Readers

A little-noticed provision tucked into the upcoming federal highway bill would strip all highway funding from states and cities that continue to operate automated license plate reader (ALPR) programs—effectively banning the technology nationwide except for toll collection. The bipartisan amendment, co-sponsored by Senators John Doe (R-OH) and Jane Smith (D-CA), targets what they call the "unchecked surveillance of innocent drivers."

"This is not about hampering law enforcement; it’s about stopping the mass collection of location data on millions of Americans who have done nothing wrong," Senator Smith said in a statement. "If state and local governments want federal highway dollars, they must end these invasive tracking programs."

Background: The Rise and Risks of Automated License Plate Readers

ALPRs are high-speed cameras mounted on police cars, bridges, and streetlights that capture every license plate that passes, logging the date, time, and GPS coordinates. Police use the data to track suspects, find stolen vehicles, and enforce tolls—but the systems also sweep up data on law-abiding drivers and store it for months or years.

Privacy advocates have long warned that ALPR databases create a searchable map of everyone’s movements. A 2021 investigation by the ACLU found that law enforcement agencies in 33 states shared ALPR data with federal immigration authorities and private companies, often without warrants. Several states, including Maine and Vermont, have already restricted police use of the technology.

"The highway bill is the perfect leverage point," said Emily Tran, a policy analyst at the Center for Digital Democracy. "States cannot afford to lose billions in federal road funding, so this amendment will likely force many to adopt privacy protections or shut down their ALPR programs entirely."

The Amendment: How It Would Work

The one-sentence clause—Section 1423 of the Surface Transportation Reauthorization Act—would withhold 100% of a state’s federal highway apportionment unless the state enacts a law prohibiting the use of ALPRs by any government entity for any purpose other than toll collection. Cities that maintain their own ALPR networks would also be ineligible for federal transit grants.

"This is a sledgehammer approach, but privacy threats require sledgehammers," Senator Doe said. "We can’t let the perfect be the enemy of the good. If we save privacy now, we can refine the policy later."

What This Means: Privacy Win vs. Policing Challenge

If the amendment passes, the vast majority of ALPR programs in the United States would be dismantled within two years. Law enforcement agencies would lose a tool that, according to a 2023 DOJ study, helped recover 12% of stolen vehicles and locate 5% of wanted fugitives. However, the same study noted that 90% of ALPR scans involve vehicles not connected to any crime.

"This would cripple our ability to solve carjackings and kidnappings quickly," said Chief Linda Ortiz of the Houston Police Department. "But we understand the public’s concern about privacy, and we’re willing to work with Congress on a more targeted approach—like automatic deletion of innocent plates after 48 hours."

Privacy experts counter that any retention period still enables tracking. "Even a 48-hour window allows police to retroactively surveil everyone who drove past a crime scene," said Tran. "The only truly private solution is to not collect the data in the first place."

Impact on Toll Collection and Emergency Services

The amendment explicitly exempts ALPRs used solely for electronic toll collection—such as E-ZPass transponders—as long as the images are not shared with law enforcement. Emergency roadside assistance and weigh-in-motion systems for trucks are also exempt. This carve-out ensured support from moderate senators concerned about transportation infrastructure.

Reactions and Next Steps

The amendment has drawn sharp lines. Law enforcement groups, including the Fraternal Order of Police, have called it "an unwarranted attack on police technology." Civil liberties organizations, including the Electronic Frontier Foundation, have praised it as "the most significant privacy bill in a decade."

The full Senate is expected to vote on the highway bill next week. If it passes, the provision would take effect January 1, 2025, giving states nine months to comply or lose funding. "This is a ticking clock," Senator Smith said. "Every day of delay means more innocent drivers added to the surveillance database."

Editor’s note: This story was updated to include additional expert analysis. Follow background and what this means for developing coverage.