The Lowdown on Traffic Laws on Private Property
Traffic laws, also known as rules of the road, are a set of regulations that each state enacts to govern the behavior of drivers and other road users. The main objective of these laws is to ensure public safety and maintain order on the roads. They dictate how fast you may drive, whether you must stop for certain signals such as stop signs, what to do in the event of an emergency, and when you must yield to other vehicles. Failing to obey these laws can lead to severe consequences such as traffic tickets, criminal charges, or worse—serious injuries or fatalities.
While it is generally taken for granted that traffic laws practically apply everywhere that vehicles are allowed, the question remains: Do traffic laws apply on private property? In the United States , almost everyone uses the roads at some point on a regular basis. Most citizens understand our system of laws and how it impacts our daily lives. However, we were recently asked to take an in-depth look at a less frequently asked question: "Do traffic laws apply on private property?"
In the coming paragraphs, we will present an overview of the traffic laws, their purpose and history, and then specifically take a look at the question above—the traffic laws and the rules of the road that apply on private property. In doing so, we will answer other related questions, such as what type of insurance coverage you may need to be legally covered. This introduction sets the stage for deeper examination of the topic in later sections.
The Basics of Private vs Public Property
Broadly speaking, public property is property that is owned by a governmental entity and everybody has the right to reasonably use that property for its intended purposes. On the other hand, private property (think malls, parking lots, churches, schools, etc.), is owned by someone other than the government and this private owner has complete, absolute and total control over their property and everything that occurs within its borders.
So how does this apply to traffic laws? Generally, on public property, motor vehicles are subject to all traffic laws. Provided you obey the traffic laws, you shouldn’t be worried about getting in trouble with the law. On private property, on the other hand, the owner has a full right to control what happens on its land. They can enact their own traffic regulations that the police have the authority to enforce. For example, let’s say that I’m at the mall, and I am parked in a fire lane. The mall’s security guards can ask me to move my car. If I refuse to move my car, ACC’s can actually ticket me for that offense. Now, if I had moved my car to another place and it was still in violation (i.e., in front of a Handicap Space or an ADA Van Accessible Space), the mall’s security guards cannot ticket me for that. On the flip-side, if you see a law enforcement officer ticket me for this exact same thing, the officer will not only issue me the citation for parking in the fire lane, but they will also issue me a citation for parking in a Handicap Space or an ADA Van Accessible Space, even though the space was not properly marked.
Enforcement of Traffic Laws on Private Property
Enforcement of Traffic Laws on Private Property
When it comes to traffic violations and the enforcement of the law, there is often a lot of confusion about whether or not traffic laws are applicable on private properties. If you think that traffic laws are not enforceable on private property, you may be surprised to learn that they can be enforced in certain situations. Whether you are in a shopping mall parking lot, on a private road or lane, or in a gated community, there are specific circumstances where traffic rules apply.
Private property is usually not subject to governmental traffic control policies and regulations, especially in places like the Central Florida communities. That doesn’t mean that there are not laws that can be enforced by local law enforcement or deputies, however. In fact, traffic codes can still apply to certain areas of private property, meaning that individuals need to be aware of their surroundings and any potential hazards.
If you are driving on private property, you must still follow all traffic signals, stop signs, and other traffic-related signs that you see. These regulations do not always apply if the private road is in an unincorporated area.
For example, there are several gated communities in Orange County, and these homes and gated communities are private property. However, there are some roads in these areas that are owned by the county and subject to the same traffic regulations as areas like Alafaya Trail, where the speed limit is 35 mph.
It is important to remember that if you have been involved in a car accident on private property, you should still call the police to the scene. The officer that arrives will be able to assess the situation and determine who is at fault for the accident. This officer’s report may also help to determine which insurance company will cover the expenses for medical treatment, damages to the vehicles, and any other costs that are related to you and your passengers, even if the accident happened on private property.
Common Traffic Violations on Private Property
While many people think of traffic enforcement as solely the purview of public roadways managed by local municipalities, the fact is that traffic violations can and do occur on private properties. As a result, insurance claims and even criminal charges can ensue. Typical traffic issues include:
Parking Violations
Parking is, by far, the most common type of traffic issue that occurs on private property. In some ways, this makes sense. After all, everyone needs to park from time to time when they are visiting a friend, grocery store or another business establishment. The problem arises when the parking area does not allow for sufficient space for safe entry and exit between vehicles. This is not only a problem in large parking lots but even in the garages of apartment complexes and at office buildings.
In fact, a spry person may think little of parking from a distance in a parking garage and walking to his destination. However, where parking spaces are too small, a person attempting to exit a vehicle in a relatively safe manner may inadvertently bump, scratch or otherwise damage the adjacent vehicle. This can lead to liability on the part of the property owner. Of course, someone who is more indelicate may open a vehicle door without looking to see if anyone else is parked nearby. How the law applies to such situations will vary not only by the jurisdiction where the property is located but also on who is at fault for the incident.
Accidents
Accidents are another issue that sometimes occurs on private property. Chief among these is backing accidents, which can occur for any number of reasons. Where a guard stands on duty, he or she may have a certain responsibility to inform the driver attempting to enter a driveway or exit from a parking lot of the dangers inherent to doing so, whether from other vehicles on the property or from traffic on a public roadway. If the accident results from a vehicular assault, the owners of the property from which the victim emerged may be liable for inadequate security that allowed the assailant to commit his or her crime on the premises.
Homeowners Associations and Property Owners
Homeowners associations (HOAs) and private property owners often take on the responsibility of maintaining and enforcing traffic laws within their jurisdictions. While they may not have the same authority as law enforcement, these entities can establish certain rules and regulations to promote safety and order within their properties. For example, private communities may have speed limits, stop signs, and no-parking zones, all of which are designed to prevent accidents and keep residents safe.
The ability of HOAs and private property owners to enforce these traffic laws can vary widely depending on state and local laws, as well as the specific policies of the community or property in question. In general, HOAs may be more likely to have a structured set of rules that are enforced by in-house security or property management teams. These associations typically have the authority to impose fines or other penalties for violations of community rules, but they may not have the power to make arrests or issue tickets.
Private property owners may have the right to enforce certain traffic rules on their own property , such as prohibiting parking in fire lanes or blocking driveways. However, their ability to enforce these rules can also be limited. In some cases, property owners may need to contact law enforcement if a violation occurs. Additionally, if one or more individuals or entities have easements over a property or right-of-way, the property owner may be prevented from restricting traffic that has a right of ingress and egress over the property.
It is essential for HOAs and private property owners to educate residents and visitors about the traffic rules and regulations that are in place on their properties. This may involve posting signs, putting up speed bumps, or providing education on safe driving practices. In some cases, property owners may even be able to provide rewards or incentives for safe and responsible driving.
Overall, the role of homeowners associations and private property owners in enforcing traffic laws can be an important factor in managing safety and mobility on their properties. By taking action to promote safe driving habits and reduce the risk of traffic accidents, these entities can help to create a safer and more enjoyable environment for everyone.
Auto Insurance and Liability Issues
The argument over whether traffic laws apply on private property is not entirely academic. Aside from the public safety aspects of enforcing the law, there are many practical, real-life considerations that inform the issue.
First, consider the fact that court cases and insurance policy terms are written by and for the insurance industry. Because of this, courts will regard violations of traffic rules on privately owned property as negligence per se; they will apply the presumption that violations of the law were negligent whenever an insurance policy might be triggered as a result. Then, if you or someone you care for is involved in a situation where insurance coverage is triggered by an incident in a privately owned area such as a school parking lot, a mall, or a hospital, insurance companies will attempt to reduce the coverage payout due to a violation of the law that occurs on their "property." This leads to some rather uncomfortable situations because insurance policies usually contain "exclusion clauses" in which the insurance company reserves their right to deny or reduce coverage when the law is violated. If you’ve had a glass of wine and there’s a requirement that you have a designated driver, your collision insurance policy likely will not cover your own injuries if you hit another car while driving under the influence. Alternatively, your casualty policy may not cover your injuries if you’re hit by another driver who is also breaking the law at the time, or it might not cover damage to your car if you are parked in a space other than the one you’ve rented. In all these examples, insurance companies argue that the uninsured motorist was negligent as a matter of law, and they use this argument to deny or reduce your coverage. It’s also relevant to understand how the defense works: If you’re sued for violating a law while driving on private property, you can argue as an affirmative defense that no laws actually were broken because the laws don’t apply in that space. Accordingly, the negligent driver who hits you or your property can claim the same defense.
Real Life Examples and Scenarios
One of the most salient examples of when a property owner is considered to be an "operator" of a road comes from a post on the Trucking in South Carolina blog. When the charitable organization, Meals on Wheels, operates a fleet of vehicles to deliver food to individuals in need, an insurance policy is needed to appropriately cover the organization for injuries sustained by a Meals on Wheels volunteer while assisting delivery of meals. The claimant was injured while stepping out of his vehicle into traffic in the parking lot of a shopping center owned by others than Meals on Wheels. The insurance company argued that meals on Wheels was not covered by its insurance policy because it was not an "insured" under the terms of the insurance contract. The trial court held that Meals on Wheels was not an "insured" under the terms of the policy. The Court of Appeals agreed, affirming with no precedential opinion. Meals on Wheels, Inc. v. St. Paul Travelers Ins. Co. , No. 2004-UP-598 (S.C. Ct. App. November 3, 2004).
Takeaway: South Carolina courts are very protective on allowing someone to recover against an insurer when not specifically encompassed by an insurance contract. This is another reason property owners should not place signs on the property warning violators will be "prosecuted," "fined," and "jailed." Criminal charges and fines are separate issues; civil liability does not incorporate these methods of enforcement and punishment.
In a case involving freeway access to a shopping plaza, the City of Plumtree and the Pennsylvania Department of Transportation were held liable for injuries sustained when a senior citizen lost control of her vehicle and crashed into a store. As the result of a settlement with the defendants, the injured plaintiff was awarded $435,000. McGowan v. City of Pittsburgh, No. GD-03-11117 (Pa. Ct. C.P. Allegheney County, August 13, 2005).
Takeaway: South Carolina courts are wary of allowing a recovery for slip and fall claims on private property without a showing that the landowner had actual knowledge of the dangerous condition or created the condition. This case does illustrate that, in some situations, even a government entity can be held liable when there is a natural ingress and egress where an accident occurs.
In a case that first originated in Virginia, a tenant was aware of a blind end condition on an apartment complex property prior to moving in, giving the landlord notice of the defect. The tenant’s vehicle collided with another vehicle at the end of the property’s driveway resulting in injury. Not only was the landlord not liable, but neither was the tenant. Ernst v. Continental Bank, 513 S.E.2d 419 (Va. 1999).
Take Away: A landlord has a duty to maintain his property in such a way that would not create an unreasonably dangerous condition, in particular to those using walkways, stairs and other approaches, and to take reasonable precautions against other dangerous conditions. This applies to situations like snow and ice, as well as natural dangers, including potholes and low hanging branches. On the other hand, a person using the property has a concomitant duty to use the property with reasonable care under the circumstances.
Legal Representation and Resources
You can consult with a legal professional that has experience with your specific situation, however, no attorney in the world can predict what any given court or judge will do when they hear a similar case. There are no guarantees when it comes to the law; however, you can certainly do your best to defend your interests. It is key when seeking legal advice to explain your situation in detail to a qualified professional . Having a law firm that specializes in private property is ideal as they will have the most experience with the nuances and intricacies associated with these types of cases. Another way to make sure that you are not trying to navigate your case on your own is to check the website of your DMV. They have all the rules and regulations that govern their procedures and provide valid and credible information that most lay people have little exposure to.