Can police ticket for accidents in private lots in Michigan?
Short Answer: No, a Michigan police officer generally cannot issue a traffic citation for an accident that occurs on a private parking lot unless that location has formally adopted the Michigan Motor Vehicle Code or contracted for local enforcement. Without such adoption, the officer’s authority to enforce traffic laws is limited to violations that apply statewide or to specific provisions that extend to private property (such as impaired driving or leaving the scene of an accident).
Legal Analysis
Issue
Whether a police officer in Michigan may issue a traffic ticket for an accident occurring on a private parking lot when the location has not adopted the Michigan Motor Vehicle Code (MVC) or entered into an enforcement agreement.
Rule
Under MCL 257.951, a city, township, or village may adopt by reference the Uniform Traffic Code (UTC), which governs traffic regulation within municipalities. Section (2) allows enforcement in a private parking lot only if:
- The local government has adopted the UTC or relevant ordinance; and
- The owner or person in control of the parking lot has consented to enforcement, typically through a contract or written agreement approved by the municipality.[1]
Absent such adoption or agreement, police generally have no jurisdiction to enforce civil infractions of the traffic code on private property.[2]
However, certain Michigan Vehicle Code provisions apply regardless of location—such as operating while intoxicated (MCL 257.625), reckless driving (MCL 257.626), or leaving the scene of an accident (MCL 257.618). These offenses apply on both public highways and other areas accessible to the public, including private parking lots.
Application
If the private parking lot has not been subject to a municipal UTC adoption or enforcement contract, and if the alleged violation relates solely to a traffic infraction (e.g., failure to yield, improper backing), the officer lacks authority to issue a citation under the MVC. The officer may, however, respond to the accident and complete a report for record purposes but cannot assess fault via a formal ticket for moving violations.
If the violation involves conduct covered by criminal or quasi-criminal provisions of the MVC (such as OWI, reckless driving, or hit and run), police have jurisdiction regardless of ownership, as those sections extend to private property open to public use.
Conclusion
Without adoption of the Motor Vehicle Code or a contractual enforcement agreement under MCL 257.951(2), police officers cannot issue traffic citations for accidents on private lots limited to ordinary moving violations. They may only enforce statewide criminal traffic laws that apply everywhere.