Is it legal for someone to drive on a road that is posted "Private Road - No Trespassing"?

debodun

debodun

SF VIP
Location
way upstate in New York, USA
A new meal client lives on such a road. It's not just that one person that lives on the road - there's probably about 30 houses. I delivered today and didn't have any trouble with the other residents there. It's a dead-end, too, with not much room to turn around.

Another concern is that the speed limit is 10 MPH and it's about a mile from the main road turn-off to the client's house (each way). There are other signs posted along the road about every 50 feet - "SLOW DOWN" and 10 MPH speed limit signs. Have you ever tried driving for a mile at 10MPH? I could almost walk that fast. It adds an extra 10 minutes to the delivery route.

I assume if I am doing a public service, I am entitled to access. I haven't heard any other drivers had trouble.
 

In New York, driving on a road marked "Private Road - No Trespassing" is generally considered illegal unless you have permission from the property owner. Private roads are owned and maintained by private individuals or entities, not the public, and entering without authorization can constitute trespassing under New York law.

You may legally drive on a private road if:
  • You have explicit permission from the owner.
  • You are a resident or invited guest of the property.
  • There is an easement or legal right of way granting access (e.g., for utility workers or shared driveway agreements).
 
debodun said:
A new meal client lives on such a road. It's not just that one person that lives on the road - there's probably about 30 houses. I delivered today and didn't have any trouble with the other residents there. It's a dead-end, too, with not much room to turn around.

Another concern is that the speed limit is 10 MPH and it's about a mile from the main road turn-off to the client's house (each way). There are other signs posted along the road about every 50 feet - "SLOW DOWN" and 10 MPH speed limit signs. Have you ever tried driving for a mile at 10MPH? I could almost walk that fast. It adds an extra 10 minutes to the delivery route.

I assume if I am doing a public service, I am entitled to access. I haven't heard any other drivers had trouble.
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I have a few times.
 
debodun said:
A new meal client lives on such a road. It's not just that one person that lives on the road - there's probably about 30 houses. I delivered today and didn't have any trouble with the other residents there. It's a dead-end, too, with not much room to turn around.

Another concern is that the speed limit is 10 MPH and it's about a mile from the main road turn-off to the client's house (each way). There are other signs posted along the road about every 50 feet - "SLOW DOWN" and 10 MPH speed limit signs. Have you ever tried driving for a mile at 10MPH? I could almost walk that fast. It adds an extra 10 minutes to the delivery route.

I assume if I am doing a public service, I am entitled to access. I haven't heard any other drivers had trouble.
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Since the organization you deliver meals from is based where you live why not ask them? As for speed you didn't mention what type of road surface there is. Another post mentioned animals roaming free -- that is a good observation for why the speed is limited. That and possibly children playing. As for turning around most rural have a driveway that you could pull in and back safely out of. Is there no drive way?
 
It doesn't seem like a very private road in the usual sense if "there's probably about 30 houses" [which was stated in the OP] and that road is the only access to all 30 houses. I would request written permission to use the road from the property owner you are delivering to, as well as asking about this by speaking with county officials who have jurisdiction over that area.
 
I'm not familiar with traffic laws in New York state, but I think in most (maybe all) parts of the US, you are OK going up to 11 mph over the posted speed limit. They deliberately make it ridiculously slow, knowing that most people probably will exceed it by a few mph anyway.

So if your sign says 10 mph, you are probably fine driving up to about 20. I can't imagine anyone getting a ticket for such a minor technical infraction as that; the police have much more serious matters to deal with.
 
Sunny said:
I'm not familiar with traffic laws in New York state, but I think in most (maybe all) parts of the US, you are OK going up to 11 mph over the posted speed limit. They deliberately make it ridiculously slow, knowing that most people probably will exceed it by a few mph anyway.

So if your sign says 10 mph, you are probably fine driving up to about 20. I can't imagine anyone getting a ticket for such a minor technical infraction as that; the police have much more serious matters to deal with.
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It's private property, so NYS traffic laws aren't in effect. Presumably the private association has a process for dealing w driving violations and enforcement.
 
It's been a while since I had to travel on that road. I think the last time I was with my mom and we went to a garage sale, so it had to be in the late 1980s or early 90s. There was a handwritten sign back then that said "5 MPH". We were coming back when a man ran out from one of the homes and right in front of the car throwing his hands up and shouting, "Slow down!" I went to the local police station and asked the officer about the incident. His only reply was, "Everyone on that street is crazy." :unsure:
 
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When a road is servicing several houses, they all have use of that road and so does anyone visiting or delivering to them.

I ran into this issue delivering for UPS. A road was posted Private -No Trespassing. The person that sold off the lots to others and had by law to give them full road access, felt he was the law and could say who could use the road and who couldn't. He didn't want any delivery vehicles using it. The people receiving the packages demanded they be delivered to their front door.

The guy claiming he was the Marshall met me carrying a semi auto rifle and told me to never come back. I reported the incident and supervisors checked out the situation, but didn't come to any resolution and if I didn't delivery a package on that forbidden road, I was charged with a delivery failure. I called any time I had a package down that road and made arrangements to leave their package elsewhere.

Finally the people at the end of the road got fed up and sued the jerk that thought he was the law. He lost big time in a civil suit and sold out and moved away. The court ruled when you give right a way access through your property, to other properties, you gave up all rights as to how and for what it is used unless you had that stated in the contract and even that is questionable if unreasonable.
 
debodun said:
No, it's paved, but narrow and houses are only on one side - the Hudson River is on the other. This is what one portion looks like.
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At least it is picturesque while you are crawling along at 10 mph. I wonder if it has a proper base under that skinny road. If it is private then maybe they all have to pitch in money when it needs repair. Interesting to wonder how slow all our road speeds would be if we all had to pitch in money for each repair, ha ha.

If it is one mile long then it adds 3 minutes to the trip to go 10 mph instead of 20 mph, but it is maybe one of the situations this common saying would apply to: "The hard thing to do and the right thing to do are usually the same thing."
 
Yes it is illegal for someone to drive on private property without the owners permission. Since you work for ‘Meals on Wheels,’ permission is granted when they signed the contract. Private roads like this are maintained by the property owners so they can make whatever rules they’d like. Ten mph is a bit much but it’s their road and their rules. I’d follow them rigidly if I were you.
 
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