Pennsylvania - Traffic citation issued while on private road

rch105 · #1 01-26-2006, 11:02 PM

My 19 year old son was given a traffic citation for "careless driving" PA Vehicle Code section 3714(a), after doing a "doughnut" on a road owned by a developer and not owned / dedicated yet to the local township. Also, the officer put the wrong name of the municipality and the wrong township code. There are absolutely no traffic control signs anywhere. The road is currently a dead end which leads to an under construction industrial complex. My question is:

Can the officer enforce the law on that private road?

From the information I received from the township, the developer has not asked the local police to enforce traffic laws on his road, nor are there signs posted (as in shopping malls) saying it's private property or any other type of sign.

Additional information (01/27/2006)
I have discovered that the police department the officer works for, provides police service for a borough and 2 townships. There are some errors on the citation as the officer entered the incorrect township code, the incorrect township name, and used and filed the citation in the wrong District Court (please note that the road which divides the 2 townships is approximately 1/2 mile from the actual offense location. Since this officer has worked for this department over 5 years it is hard to believe he did not know what township he was in.). Also, each township is in a different Magistrial District.

Referencing the PA Vehicle Code (Title 75), sections 3101(a), 6113 (a) & (b), and 102 "Highway" definition, since the township has not taken control of the "Highway" (entire width not PUBLICLY maintained per definition), then it's not enforceable as it has no legal staus for enforcement under 3101(a) or 6113(a) and/or (b). (No agreement with township, police, nor posted sign by regulation.) Am I correct or should I just give up?

Robbie0723 · #2 01-26-2006, 11:37 PM

Roadways where the public has access can generally be enforced. Default speed limits apply. Check with a lawyer to be sure.

The odds are pretty good the officer knows where they can issue a ticket.

Incorrect information on the ticket can be ammended.

gkisystems · #3 01-28-2006, 08:22 PM

I got a ticket for having improper equipment driving through my subdivision. The law says the rules apply only on highways - so I looked up the defintion of highway. Highway was any road of at least 32 feet wide - and this road wasen't. The prosecution said highway means any public way. So here's my point: there can be multiple definitions of "highway." You need to know all of them before going to court.

rch105 · #4 01-28-2006, 08:42 PM

PVC Section 102 Definitions.
"Highway." The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
***********************************************

This particular road is owned by the developer, not maintained (repaired, plowed, cindered, etc) by the local township, and has not been dedicated to the township as of yet. This is still private property not publicly maintained. You could call this a driveway if you want...does that then mean that any police officer could see you doing doughnuts in your driveway and cite you for careless driving? Is my thinking valid / rational? Thanks!

sukharev · #5 01-28-2006, 09:29 PM

Sorry, you are far from being rational. From what you are saying the officer should have arrested you for tresspassing on private property

Happy Trails · #6 01-28-2006, 09:50 PM

I couldn't find a "3714 (a)" only this one from Pennsylvania Consolidated Statutes
§ 3714. Careless driving.
Any person who drives a vehicle in careless disregard for the safety of persons or property is guilty of careless driving, a summary offense.
(May 30, 1990, P.L.173, No.42, eff. Nov. 1, 1990)

Maybe the officer meant this one:

§ 3736. Reckless driving.

(a) General rule.--Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(b) Penalty.--Any person who violates this section commits a summary offense and shall, uponconviction, be sentences to pay a fine of $200.

Neither of those state it needs to be on "public" roads. Whether or not that officer had jurisdiction is something we can not answer here.

Robbie0723 · #7 01-28-2006, 10:36 PM

You can't just pick the words you like, following applies

"...any part thereof is open to the use of the public..

rch105 · #8 01-30-2006, 06:58 AM

Re: Careless Driving...Effective 5/7/2005, the new section became law. It provides a General rule, Unitentional death, Serious bodily injury, and Definition subsection.

Regarding the note of trespassing, PA requires prior notification either verbal or written, posted by sign, a fenced enclosure or other means to prohibit access. It's a defense that the person thought they were legally licensed or priviledged to be there.

Regarding the comment about picking your words, I agree that's why I asked if the "highway" definition which includes the wording of "publicly maintained" would have a bearing on it. Property not granted to the township and being privately owned is in no way publicly maintained. The developer pays for this until a point of time comes that it is turned over to the township. If that's not the case, than any person with a dirt road could claim that public tax monies be utilized for it's upkeep and repair. There is no "or", between the definition so it's not publicaly maintained "or" when any part is open to the use...

And I guess that's how cases are argued in court...convince the Judge!

Happy Trails · #9 01-30-2006, 03:39 PM

HB 873 did amend the statute 3714, however it still defines the reason your son was cited. He could have received a ticket for careless driving if he did a donut in someone's yard (the yard is not publicly maintained).

§ 3714. Careless driving.
(a) General rule.--Any person who drives a vehicle in careless disregard for the safety of persons or property is guilty of careless driving, a summary offense.
(b) Unintentional death.--If the person who violates this section unintentionally causes the death of another person as a result of the violation, the person shall, upon conviction, be sentenced to pay a fine of $500.
(c) Serious bodily injury.--If the person who violates this section unintentionally causes the serious bodily injury of another person as a result of the violation, the person shall, upon conviction, be sentenced to pay a fine of $250.
(d) Definition.--As used in this section, "serious bodily injury" means any bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

---------------

I know in our town the police officers were giving tickets outside the city limits and people didn't believe they were allowed to do that. Even though the people of the city and outside the city were unaware that they were given the authority to do so, the police officers knew that they could and the tickets were valid. I'm not saying this is true in your case.