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).
 
Since you are providing a service I think you are fine. I would probably drive 15-20 as that’s slow enough.
 

If this is a dirt road, definitely do the 10 mph. Could be the residents are tired of the dust that faster driving creates.

Also, they may have animals that are allowed to run free and may end up on the road.
 
Something may be illegal, but unless the person get caught by the law enforcement or someone report the person, nothing will happen against this person.
 
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.
Click to expand...
I have a few times.
 
If a person lives there, calls a Tow Truck because his car won't start, same scenario, no trespass, he is a "Business Invitee".
 
It seems to me that your client gave their permission when they signed up to have meals delivered.

It seems that even with that permission you should make every effort to obey the posted speed limit.
 
I know it's a pain to have to slowly drive on what appears to be a perfectly normaal road.. but Deb, there could be many reasons for the request for slow speed and it could be that children or animals run out from the houses occasionally , so if you hit one of those going faster than the speed limit , you'd never forgive yourself..
 
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.
Click to expand...
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.
 

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