Could a private security guard ticket unlicensed or uninsured drivers on a private neighborhood road in 2005?

Plain-English summary

The Attorney General concluded in 2005 that a licensed security guard in a private neighborhood could issue a uniform traffic ticket for Chapter 5 traffic offenses when the road owner had filed the consent required to apply that chapter to the private roads. The consent did not bring every motor vehicle law onto those roads. The AG said the cited driver licensing, vehicle registration, and uninsured vehicle provisions outside Chapter 5 did not apply to driving solely on those private roads and could not be ticketed there on that basis.

The opinion also distinguished offenses whose own wording reached private property without the consent mechanism. It identified driving under the influence as an example and said termination of Chapter 5 consent would not remove an offense’s independent reach.

Currency note

This opinion was issued in 2005. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Could a guard cite a traffic offense under Chapter 5 on a consenting private road?
Yes, according to the AG’s earlier opinions and this letter, if the owner had properly brought the private road under the traffic chapter.

Did that consent let a guard cite a minor for driving without a license there?
No. The AG said the cited license provision concerned public highways and was outside the chapter extended by owner consent.

What about registration and uninsured vehicle charges?
The AG reached the same answer for the specific provisions cited in the request because of their highway and registration language.

Background and statutory framework

The owner-consent provision extended the Uniform Act Regulating Traffic in Chapter 5 to qualifying private roads. The AG compared that limited extension with the separate chapters governing licensing, registration, and uninsured vehicles. He also noted that some offenses applied on private property by their own terms.

Citations and references

• Section 56-5-6310: owner consent to apply Chapter 5 traffic rules to private roads.
• Section 56-1-20, Section 56-3-110, and Section 56-10-520: offenses the AG said did not extend through that consent.
• State v. Allen: state Supreme Court decision on the reach of the driving-under-the-influence provision.

Official title

Questioning the authority of a private security guard to issue citations for traffic violations in neighborhoods which have adopted the provisions of S.C. Code Ann. §§ 56-5-6310 et seq. (1991 and 2004).

Requester

Mark A. Keel, Chief of Staff, South Carolina Law Enforcement Division

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/february-22-2005/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/05feb22-Keel.pdf

Original opinion text

The State of South Carolina

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OFFICE OF THE ATTORNEY GENERAL
HENRY McMAsTER
ATfORNEY GENERAL

February 22, 2005

Major Mark A. Keel
Chief of Staff
South Carolina Law Enforcement Division
P. 0. Box 21398
Columbia, South Carolina 29221 - 1398
Dear Major Keel:

In a letter to this office you questioned the authority of a private security guard to issue citations for traffic violations in neighborhoods which have adopted the provisions of S.C. Code Ann. §§ 56-5-6310 et seq. (1991 and 2004). Such provisions authorize the enforcement of certain traffic regulations on private roads.

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Generally, a registered security guard is granted the same arrest authority as a deputy sheriff. See: S.C. Code Ann. § 40- 18-110 (2004). In an opinion of this office dated May 23, 1995 it was determined that a private security guard is a law enforcement officer on private property for purposes of issuing a uniform traffic ticket pursuant to S.C. Code Ann. § 56-7-10 (2004). That provision authorizes a uniform traffic ticket to be used by law enforcement officers for traffic offenses and certain other offenses. Section 56-5-6310 states in part: The provisions ofthis chapter, comprising the Uniform Act Regulating Traffic on the highways in this State, shall be applicable to private roads ifthe owner, including any corporation or homeowners' association holding title to community roads and excluding those only holding easements over such roads, shall file a written consent stating that the undersigned is the owner of the private roads shown on an attached plat and consents to the application of the provisions of this chapter for purposes of highway safety on such private roads.... Such filing shall not constitute a dedication to the public of such roads nor shall it constitute permission by the owner for the public to use such roads. The written consent shall become effective thirty days from the date it is filed with the clerk of court or register of deeds. (emphasis added). As emphasized, Section 56-5-6310 is quite specific in stating that "(t)he provisions of this chapter, comprising the Uniform Act Regulating Traffic on highways in this State, shall be applicable to

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Major Keel
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February 22, 2005

private roads .... " Therefore, any offense set forth in chapter 5 of Title 56 is applicable to private roads when there is consent by the owner to the application of the provisions of such chapter to such private roads. This office in an opinion dated August 30, 2001 determined that a registered security guard can issue a uniform traffic ticket for a statutory traffic violation on private roads which are properly brought under the Uniform Act Regulating Traffic.

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You have questioned whether a licensed private security guard within a private neighborhood which has filed the written consent set forth by Section 56-5-6310 may issue traffic citations to minors for driving a motor vehicle in violation of the provisions of Title 56, Chapter 1 dealing with licensing requirements or Title 56, Chapter 3 dealing with insurance requirements. S.C. Code Ann.
§ 56-1-20 (1991) states that
(n)o person, except those expressly exempted in this article shall drive any motor vehicle upon a highway in this State unless such person has a valid motor vehicle driver's license issued to him under the provisions ofthis article .... (emphasis added). Such provision is set forth in Article 1, Chapter 1 of Title 56. Pursuant to S.C. Code Ann.§ 56-110(6) (2004), the term "highway'' as used in Section 56-1-20 is defined as (t)he entire width between the boundary lines of every way publicly maintained when any part of it is open to the use of the public for purposes of vehicular traffic. (emphasis added). S.C. Code Ann.§ 56-3-110 (1991) provides that

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(e)very motor vehicle, trailer, semitrailer, pole trailer and special mobile equipment vehicle driven, operated or moved upon a highway in this State shall be registered and licensed in accordance with the provisions of this chapter. It shall be a misdemeanor for any person to drive, operate or move upon a highway or for the owner knowingly to permit to be driven, operated or moved upon a highway any such vehicle which is not registered and licensed and the required fee paid as provided for in this chapter. (emphasis added). S.C. Code Ann. § 56-3-20 (2004) states that For purposes of this chapter... (Chapter 3 of Title 56 which includes Section 56-3110) ... , the following words and phrases are defined as follows: (25) "Street" or "highway'' means the entire width between boundary lines of every way publicly maintained when any part of it is open to the use of the public for vehicular traffic. (emphasis added).

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Major Keel
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February 22, 2005

In the letter enclosed with your request, reference was also made to the provisions of S.C. Code Ann.
§ 56-10-520 (2004) which states that
A person who owns an uninsured vehicle: (1) licensed in this State; or (2) subject to registration in this State; who operates or permits the operation of that motor vehicle without first having paid to the director the uninsured motor vehicle fee required by Section 56-10-510, to be disposed of as provided by Section 56-10-550, is guilty of a misdemeanor.

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Therefore, Sections 56-1-20 and 56-3-110 dealing with licensing individuals and registering and licensing vehicles are only applicable to vehicles driven on "highways", i.e., publicly maintained roads. Section 56-10-520 is only applicable to uninsured vehicles subject to registration. The only vehicles subject to registration are those, as provided by Section 56-3-110, driven upon a highway. Also, Section 56-10-520 is included in Chapter IO of Title 56. As set forth, Section 56-5-6310 in specifically stating that "(t)he provisions of this chapter, comprising the Uniform Act Regulating Traffic on highways in this State, shall be applicable to private roads", authorizes any offense set forth in Chapter 5 of Title 56 to be applicable to private roads when there is consent by the owner to the application of the provisions of such chapter to such private roads. However, as to offenses set forth by Sections 56-1-20, 56-3-110, and 56-10-520, such would not be applicable to private roads inasmuch as they are not set forth in chapter 5 of Title 56. As a result, in my opinion, a licensed security guard within a private neighborhood which has consented to the applicability of the Uniform Act Regulating Traffic to its private roads would not be authorized to issue citations for violations of Sections 56-1-20, 56-3-110, and 56-10-520 dealing with requirements under such provisions for a driver's license and the registration and insurance requirements of motor vehicles. Such offenses are only applicable to vehicles driven on publicly maintained highways but are not applicable to vehicles driven on private roads. I would only add further that this office has advised that "the question of whether specific property is public or private is ... irrelevant as to certain traffic offenses." Op. Atty. Gen., October 2, 1985. For instance, S.C. Code Ann. § 56-5-2930 (2004) states that "(i)t is unlawful for a person to drive a motor vehicle within this State while (1) under the influence of alcohol.. .. " (emphasis added). As set forth in State v. Allen, 314 S.C. 539, 540, 431 S.E.2d 563, 564 (1993), " ... Section 565-2930 by its terms is not limited to public highways but applies anywhere within out State boundaries." See also: Ops. Atty. Gen. dated December 23, 1974 (the offense ofreckless driving applies to private property); January 18, 1988 (the offense of reckless homicide may be committed on private property). Pursuant to Section 56-5-6320, termination of consent of the applicability of the Uniform Act Regulating Traffic to private roads may be made pursuant to such provision. However, Section 56-5-6330 states that "(t)he termination shall not affect those portions of this chapter which apply to private roads irrespective of the provisions of this article." Therefore, as to any offense where the language of the statute fails to sets forth any requirement that the offense be

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Major Keel
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February 22, 2005

committed on a public highway or street, termination of consent to the applicability of the Uniform Act Regulating Traffic would not prevent the enforcement of such offense on a private road. If there are any questions, please advise.

Sincerely,

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Charles H. Richardson
Senior Assistant Attorney General
REVIEWED AND APPROVED BY:

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Robert D. Cook
Assistant Deputy Attorney General

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