02/15/2023
My name is Bob Docherty. As many of you know, I have been a volunteer member of the Westside Patrol Section of the Pasco County Sheriff Department for fifteen (15) years.
The Board of Directors initiated conversation about a targeted approach to speeding in Heritage Springs. After this discussion, several of our residents asked me if this was a good idea or even a possibility in an HOA community. Your questions peaked my curiousity as to the legality and liability involved in a targeted speeding program in an elderly community such as Heritage Springs. I was surprised to learn that approximately 70% of our accidents involve elderly individuals who lose their focus when driving.
I thought the best way to share my information would be at a Board of Director’s meeting, however, if you have attended a Board meeting recently, you know that owners are only permitted to speak for three (3) minutes. I did not think I could present all this information in such a short period of time.
I feel you would want to know all the facts considering the potential fall-out from such a program that is under consideration by our Board.
I contacted News You Can Use to publish this article as they are interested in getting out the FACTS to our community.
I checked with the Pasco County Sheriff’s Department to get some answers on the legality and liability of such a targeted Speeding program. This is what I learned:
1. The Board of Directors can do whatever they want to establish a targeted speeding program as long as it is stated in their Articles of Incorporation.
2. The Pasco County Sheriff representatives indicated that if such a program is implemented, the homeowners may face huge liability issues if a problem occurs.
3. There are programs in other developments. The problem is enforcement and the resulting possibility of liability.
4. The person responsible for enforcement has NO authority to stop ANYONE, even if the person is walking or driving their automobile … NONE.
5. There is a history where, as a result of these programs, people have been injured and even killed.
CASES THAT WERE SHARED WITH ME
There are cases on file that show a senior citizen was driving his/her auto, when they mistook a person aiming a speeding (radar) gun at their car, thinking it was a real gun, and lost control of their car. They ran off the road hitting a tree, wall, and another car.
In a few cases, the person driving their car, ran off the road into a lake/pond, and died.
Could it happen here? Would you want to take that chance? What if the individual driving the car was your wife, mother, daughter, grandchild? How much would you be suing the HOA and it’s Board members? To the sheriff officers, this program makes no sense! You make up your own mind!
Please feel free to contact the Pasco County Sheriff’s Department, if you need this information verified or want to learn of programs available through them.
Sincerely,
Bob Docherty
Resident and Volunteer Pasco County Sheriff’s Department
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