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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)



Opinion No. 6026

January 15, 1982


Mobile home parks--enforcement of speed limits on roads


Authority of law enforcement agency in mobile home park

A local police agency is empowered to enforce the rule of the Mobile Home Commission that speed limit signs shall be posted on mobile home park roads.

Mr. Norton L. Berman


Michigan Department of Commerce

Law Building

Lansing, Michigan

Your predecessor asked me to clarify whether OAG, 1979-1980, No 5468, p 114 (March 28, 1979) applies to Administrative Code 1979, R 125.1701(1), a section of the mobile home code adopted by the Mobile Home Commission pursuant to 1976 PA 419 Sec. 5(1)(a); MCLA 125.1105(1)(a); MSA 19.855(5)(1)(a).

The question asked reads:

'[I]n accordance with Opinion No. 5468, are local police agencies empowered to enforce Rule 125.1701(1)?'

Administrative Code 1971, R125.1701(1) provides:

'Speed limits on internal mobile home park roads shall be posted not to exceed 15 miles per hour.'

OAG, 1979-1980, No 5468, supra, stated that a police officer may enter upon a private road to enforce those violations of the Michigan Vehicle Code, 1949 PA 300, as amended; MCLA 257.1 et seq: MSA 9.1801 et seq, which are applicable to private property. That opinion set forth the provisions of the Michigan Vehicle Code, supra, which may be enforced by a police officer on private roads. Provisions dealing with the posting of speed limits are not among those which may be enforced under the Michigan Vehicle Code, supra, on private property.

However, 1976 PA 419, Sec. 42, MCLA 125.1142; MSA 19.855(42), provides:

'Any person who violates this act or the code promulgated under this act is guilty of a misdemeanor punishable by a fine of not more than $500 per day for each separate violation or imprisonment for not more than 1 year, or both.'

A violation of Administrative Code 1971, R 125.1701(1) is punishable as a misdemeanor.

It is my opinion therefore, that a local police agency is empowered to enforce Administrative Code 1979, R 125.1701(a) for the failure to post speed limit signs on internal roads of the mobile home park in accordance therewith. However, a local police agency may not enforce the speed limits listed on the signs posted in accordance with Administrative Code 1979, R 125.1701(1).

Frank J. Kelley

Attorney General

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