PRIVATE ROADS & TRAFFIC LAWS
§46-16 Traffic regulation and control over private streets.
Any provision of law to the contrary notwithstanding, any county and its authorized personnel may impose and enforce traffic regulations and place appropriate traffic control devices, and may enforce chapters 249; 286; 287; 291; 291C; 291E; 431, articles 10C and 10G; and 486, part III on the following categories of private streets, highways, or thoroughfares, except private roads used primarily for agricultural and ranching purposes:(1) Any private street, highway, or thoroughfare which has been used continuously by the general public for a period of not less than six months; provided that the county shall not be responsible for the maintenance and repair of the private street, highway, or thoroughfare when it imposes or enforces traffic regulations and highway safety laws or places or permits to be placed appropriate traffic control devices on that street, highway, or thoroughfare; provided further that no adverse or prescriptive rights shall accrue to the general public when the county imposes or enforces traffic regulations and highway safety laws or places appropriate traffic control devices on that street, highway, or thoroughfare; nor shall county consent to the placement of traffic control signs or markings on a private street be deemed to constitute control over that street; and
(2) Any private street, highway, or thoroughfare which is intended for dedication to the public use as provided in section 264-1 and is open for public travel but has not yet been accepted by the county.
[L 1973, c 137, §1; am L 1988, c 358, §1; am L 1995, c 173, §2; am L 2010, c 153, §2]
While the fact that the privately owned road was platted on a subdivision map, that §265A-1 authorized counties to repair and maintain private streets, and this section authorized counties to regulate traffic on private streets, and each of these factors was significant in determining which party or parties had control of the private roadway, appellate court erred in concluding as a matter of law that defendant property owners did not control roadway and thus had no duty to maintain, repair, or warn of a dangerous condition; the issue of control of the roadway was a question of fact for the jury.
103 H. 385, 83
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Traffic Laws and Enforcement
Posted Speed Limits Thru out HOVE are 25 MPH
All traffic laws are enforced by Hawaii Police Department as a result of the signing of HB-2020, which allows enforcement of all traffic laws on private roads. HPD is issuing citations to motorists for speeding and failure to stop violations. Parking alongside the roads in HOVE is not permitted and vehicles parked along the roadway will be towed at the owner’s expense.
It is illegal to post notices on road signs within the HOVE subdivision. Any posted notices will be removed and reported to the police as litter.
Truck Routes are designated for trucks over 10,000 lbs. GVW. Truck access to the subdivision from the highway is ONLY from King Kamehameha and Aloha Boulevards from 7am to 5pm. Trucks are permitted on other roads only to make deliveries or to return to the designated truck routes. There is no right turn permitted for commercial water haulers on Lehua Lane from the water meters. Water trucks MUST return to the highway and access the subdivision from the designated truck routes on Aloha and King Kamehameha Boulevards.
Please report any observed damage or vandalism to signs within the subdivision to the police department. For unobserved damage or vandalism please report the incident to HOVE RMC.