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Delegate Stein proposes allowing traffic enforcement on private residential roads in Baltimore County (pilot suggested)
Summary
House Bill 528 would let police enforce Maryland vehicle laws on private roadways within residential subdivisions in Baltimore County; sponsor and Queen Anne Village HOA asked for a pilot study amendment limited to that community.
Delegate Stein introduced House Bill 528 at the Baltimore County House Delegation hearing on Feb. 7, proposing that drivers on private roadways in residential subdivisions be "subject to the rules of the road," so county police can enforce traffic laws there.
"Drivers on private roads located within a residential subdivision or community are not required to obey rules of the road," Stein told the delegation, saying that state law currently ties traffic enforcement to roads "used by the public in general." He said the problem was raised by the Queen Anne Village homeowners association in District 11 and noted Calvert County has an existing exception.
Max Wolthall, president of the Queen Anne Village HOA, told the delegation his community of 405 homes has recurring speeding and sign-disregard problems and that police have told residents enforcement is constrained by state law. "I have people who speed by — we have one stop sign right in front of a playground — the people in here, they're very complacent," Wolthall said.
Baltimore County administration—s Amanda Carr said allowing enforcement would likely require bringing private roads into compliance with state roadway standards and could create expenses for HOAs: "We would need to make sure that the roads we're enforcing on are up to Maryland state road standards, which could potentially be very onerous on the HOAs." Carr also raised winter maintenance, striping and signage as cost and liability concerns.
Stein and county staff reported they are negotiating an amendment to make HB 528 a pilot for Queen Anne Village so the county can study impacts before broader application. The delegation said it will take up the bill again next week with the proposed amendment; no vote was taken at the hearing.
The bill text as discussed applies to "private roadways located within a residential subdivision or community" and would not, as drafted, apply to commercial parking lots. Delegates asked for clarifications on mixed-use areas and liability; Stein said HOAs would retain responsibility for road maintenance and the amendment aims to narrow scope and costs.
