The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5468 March 28, 1979 MICHIGAN VEHICLE CODE: Enforcement on private roads POLICE: Enforcement of Michigan Vehicle Code on private roads A police officer may enter upon a private road to enforce those violations of the Michigan Vehicle Code which are applicable to private property. Honorable William Faust State Senator The Capitol Lansing, Michigan 48901 Mr. Gerald Hough Director Department of State Police 714 South Harrison Road East Lansing, Michigan 48823 You have requested my opinion on the following question: Does Section 906 of the Michigan Vehicle Code ('Vehicle Code'), 1949 PA 300, as amended, MCLA 257.1 et seq; MSA 9.1801 st seq, empower a municipal police force to enter private roads to enforce violations of the Vehicle Code which occur on private roads, as defined in the act? Section 906 of the Michigan Vehicle Code added by 1974 PA 138, states: 'Notwithstanding any other provision of law, a police officer (1) may enter upon such a private road to enforce violations of this act.' Section 44(2) of the Michigan Vehicle Code, also amended by 1974 PA 138, defines a private road as 'a privately owned and maintained road, allowing access to more than 1 residence or place of business, which is normally open to the public and upon which persons other than the owners located thereon may also travel.' While the Michigan Vehicle Code is devoted to requirements for the licensure and regulation of drivers and vehicles using publicly maintained streets and highways, certain of its provisions are applicable to private roads; these include: 1) Authority for removal of abandoned vehicles from private property by police, Section 252(b). 2) Failure to stop, give information, render aid, and make reports as to accidents on private property, Sections 617-620, 622. 3) Driving under the influence of alcohol or controlled substances, Section 625(a). 4) Driving while impaired by alcohol or controlled substances Section 625b(a). 5) Reckless driving, Section 626. 6) Drag racing, Section 626a. 7) Careless or negligent operation, Section 626b. 8) Failure to stop and yield to traffic when entering a highway from a private road, Section 652. 9) Parking in front of building emergency exits or fire escapes, or in places reserved for the handicapped by non-handicapped drivers, Section 674(17, 18 and 19a). Section 906 clarifies and affirms the authority of police officers to enforce violations of the Michigan Vehicle Code which are applicable to private property, such as those listed above; but section 906 does not extend to private roads those requirements of the Michigan Vehicle Code which are otherwise limited to persons and vehicles using publicly maintained streets and highways. A review of the legislative history of 1974 PA 138, supra, reveals that the Senate returned the bill to the House with two amendments to Section 906. The Senate added to the beginning of Section 906 the words 'notwithstanding any other provision of law' and deleted from the end of the section the words 'upon the complaint of the owner of the private road'. 2 House Journal 1974, p 1631. It is therefore my opinion that a police officer may enter upon a private road to enforce those violations of the Michigan Vehicle Code which are applicable to private property. Frank J. Kelley Attorney General (1)