Parking Lots: Public or Private? The Role of Traffic Laws and Enforcement

Parking lots are often considered a contentious area when it comes to the distinction between public and private property. This article aims to clarify the status of parking lots and outline the applicability of traffic laws within these spaces. We will explore whether parking lots are treated as public or private areas and the role that police play in enforcing traffic regulations.

Are Parking Lots Public or Private?

Parking lots are typically classified as private property unless they are specifically designated as public. This distinction is crucial because it determines which regulations apply. Public parking lots, under the purview of local government or public entities, are subject to broader regulations. Conversely, private parking lots, like those attached to businesses or stores, have more limited regulations.

Invitation to Enter Private Parking Lots

Private parking lots are typically open to the public with the permission of the lot owner. This invitation is often grounded in business principles to attract customers. However, the lot owner can revoke this invitation at any time or exclude individuals for any reason. Unlike public spaces, there is no inherent right to enter and park in a private lot. This flexibility allows for strict control over entry and parking.

The Role of Traffic Laws in Private Parking Lots

Despite being private property, some traffic laws still apply to off-street parking lots. However, the enforceability of these laws varies significantly by jurisdiction. In some states, traffic laws relevant to parking lots are not enforceable by police unless a specific agreement exists between the lot owner and the government agency.

Enforcement of Traffic Laws

The enforceability of traffic markings and signs in private parking lots can vary. For instance, in Indiana, traffic markings and signs are not typically enforceable by police unless the governing agency has a contract with the lot owner. This is a rare situation. However, police may still enforce certain traffic-related criminal statutes, such as operating while impaired, criminal reckless driving, and leaving the scene of an accident, even in private lots. The key point is that the specific statutes and their applicability to private property must be defined by the local laws and ordinances.

Variability by Jurisdiction

It is important to understand that the treatment of parking lots and the applicability of traffic laws can vary significantly by state. Unlike the assumption that all jurisdictions in the United States treat these areas the same, each state has its own laws and regulations.

Example: Georgia

In Georgia, the state law explicitly outlines the applicability of traffic laws in parking lots. According to Georgia Code § 40-6-3, traffic laws generally apply to public roads and highways, but there are exceptions. Specifically, the code states that traffic laws apply to parking lots used as through streets or connector streets. This means that if a parking lot is used as a connector by the public, traffic laws can be enforced there.

Local Ordinances and Customary Use

The use of parking lots as connector streets or through streets is a key factor in determining the applicability of traffic laws. For example, in some areas, parking lots adjacent to highways might be used as shortcuts. In such cases, the law may allow for traffic laws to be enforced. Local ordinances and the customary use of the lot by the public are crucial factors in these decisions.

Summary of Key Points

Parking lots are generally private property, but some traffic laws still apply. Enforceability of traffic laws in private parking lots varies by jurisdiction. Public parking lots are subject to broader traffic regulations than private parking lots. The treatment of parking lots and traffic laws can vary significantly by state. Local ordinances and customary use play a role in determining the applicability of traffic laws in parking lots.

Understanding the distinctions between public and private parking lots and the application of traffic laws is crucial for both property owners and public users.

Keywords

Parking lots, traffic laws, private property