Posted on December 3, 2019 at 3:39 PM by Kate Berg
November 18, 2019
Ask the Chief
Q: Are stop signs on private property (such as shopping centers parking lots) enforceable? Also, are disability parking spaces on private property enforceable?
A: Thank you for your question. First, let’s address the issue of enforcement of disability parking on private property; yes, Minnesota Statute 169.346 Disability Parking areas; criteria, enforcement, states that disability parking spaces are enforceable whether on public OR private property.
Regarding the enforcement of stop signs and other traffic markings on private property would depend on the driving conduct. Rolling through a stop sign on private property is not enforceable under the traffic laws of Minnesota. However, Minnesota Statute 169.13 Reckless or Careless Driving, subdivision 3, states that the provisions of this section apply, but are not limited in application, to any person who drives any vehicle in a parking lot ordinarily used by or available to the public. A person is guilty of reckless driving while aware of and consciously disregarding a substantial and justifiable risk that the driving may result in harm to another or another's property is guilty of reckless driving. Careless driving is when a person operates or halts any vehicle carelessly or heedlessly in disregard of the rights of others, or in a manner that endangers or is likely to endanger any property or any person, including the driver or passengers of the vehicle.
This response is primarily directed to traffic and criminal law from an enforcement perspective; individuals involved in other potential driving incidents on private property should contact a private attorney for possible litigation/rights under a civil process.
References and Resources:
1. Minnesota Statute 169.346 DISABILITY PARKING AREAS; CRITERIA, ENFORCEMENT, located online at: https://www.revisor.mn.gov/statutes/cite/169.346
2. Minnesota Statute 169.13 Reckless or Careless Driving, located online at: https://www.revisor.mn.gov/statutes/cite/169.13
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