I was asked a question involving the enforcement of traffic signs on private property. The question is if drivers have to obey a stop sign on private property, like those found at store driveways as they enter the roadway.

I am telling you drivers should obey all traffic signs found on private parking lots and roadways. Those traffic control signs are placed in those parking lots to facilitate safe traffic flow and to protect pedestrians.

With that being said, can a police officer enforce traffic laws in private parking lots and on private roadways? For the most part, no, most traffic laws can only be enforced on public roads.

However, MCL 257.652 – Stopping before entering or crossing highway from alley, private road, or driveway, states, “The driver of a vehicle about to enter or cross a highway from an alley, private road, or driveway shall come to a full stop before entering the highway and shall yield right of way to vehicles approaching on the highway.” If someone were to be stopped by an officer for failing to stop when leaving a private drive, they could be cited with a civil infraction.

There are other exceptions to the rule, and there are a couple of traffic laws which can be enforced on private property.

An exception is MCL 257.626, Reckless Driving. MCL 257.626 which states in part, “(2) Except as otherwise provided in this section, a person who operates a vehicle upon a highway or a frozen public lake, stream, or pond or other place open to the general public, including, but not limited to, an area designated for the parking of motor vehicles, in willful or wanton disregard for the safety of persons or property is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.”

As you can see, the reckless driving law specifically states, “Open to the general public …” or “area designated for the parking of vehicles …” which would include private property.

Reckless Driving is not just a typical traffic offense; it is a crime that carries penalties such as jail, a large fine, the possibility of the vehicle being towed, points on your driving record, and a criminal record. The easiest way to avoid this? Obey all signs on private property.

Other offenses that are enforceable on private property are,

* careless driving

* drunk driving, suspended driving

* handicapped parking violations.

That is the basic answer. There are more complicated ways that those traffic signs are enforceable on their face. Under Michigan Uniform Traffic Code, a person in charge of a private parking lot may request the enforcement of the signs if the signs are officially listed with the Michigan Manual on Uniform Traffic Control Devices.

An officer called to investigate a traffic complaint in a parking lot or on other private property will investigate and take in the “totality of the circumstances” before taking action.

Ask a Trooper column runs bi-weekly on Thursdays. If you have a question for Trooper Simpson, email newsroom@thealpenanews.com.