Homeowners Associations (HOAs) often employ security personnel to maintain order within gated communities. But can these guards legally issue speeding tickets? Recent reports suggest that in some cases, they are. A driver for Amazon claims they were stopped by HOA security on a private road, boxed in, and issued a $50 speeding ticket after allegedly exceeding the 15 mph speed limit.
The Legal Gray Area of Private Roads
The legality hinges on South Carolina’s Uniform Act Regulating Traffic (UART), established in 1978 and affirmed by the Attorney General in 2001. The law allows private security guards to issue traffic citations on private roads under specific conditions. However, enforcement is where the process gets complicated.
To legally enforce a ticket, the private road must be formally registered under UART with the South Carolina Law Enforcement Division (SLED). This involves proper signage, filings, and approvals. Without this enrollment, the Attorney General’s Office has stated that citations issued by private security for standard violations like speeding are likely unenforceable and “should probably be voided.”
Enforcement vs. Paperwork
Even with proper enrollment, only Uniform Traffic Tickets issued under state law are enforceable in court. HOA policy violations alone carry no legal weight. This means that a ticket issued solely as an HOA directive has limited recourse for enforcement.
The Case of Fripp Island
The incident in question occurred on Fripp Island, a location known to operate under UART regulations. This suggests that the security guards may be aware of the legal framework and could potentially enforce the ticket if all requirements are met. The driver’s account also indicates that the guards were armed, adding to the tension of the situation.
What Does This Mean?
The ability of HOA security guards to issue enforceable speeding tickets depends entirely on whether the private roads comply with UART regulations. The law exists, but its effective application varies. Without proper enrollment and adherence to state traffic law, tickets are likely nothing more than HOA paperwork.
Additional inquiries have been made to Fripp Island management and local law enforcement, with updates pending. This situation highlights the need for clarity in private road enforcement and ensures that drivers understand their rights when operating within gated communities.
