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Monday, June 23, 2008

Ind. Law - Golf cart issues featured in story today

Tim Evans of the Indianapolis Star has a lengthy front-page feature story today headlined: "Debate rolls on: Hoosier towns mixed on regulation of golf carts, which advocates see as fuel-saving alternative." He writes about "a debate being waged in towns across Indiana and elsewhere as more people turn to golf carts as a convenient, cheap and eco-friendly alternative to gas-guzzling cars or trucks." More quotes:

The problem: As more people drive carts off fairways and onto streets, local officials are left to sort out safety issues that aren't clearly addressed in state traffic laws. * * *

More than 15 Indiana communities in the last year have debated whether to ban or allow the carts on local streets.

Interpretations of state law vary by local jurisdictions, further muddying the waters.

In Wabash County, for instance, Prosecutor William Hartley Jr. has advised law enforcement agencies that state law prohibits the carts anywhere but on golf courses. But in Putnam County, Prosecutor Tim Bookwalter believes the law allows carts on public roads as long as they are equipped with lights, mirrors and a slow-moving-vehicle sign. The driver also must be at least 16.

Many communities have begun to address the issue formally while others are taking a Mayberry-style approach in which enforcement becomes an issue only if there is a problem.

"We have an 'understanding,' " said Hal Harp, president of the Worthington Town Council in Greene County. "We don't turn a blind eye to it, and we make sure people who do use them are responsible and not letting kids drive. * * *

Dennis Rosebrough, spokesman for the state Bureau of Motor Vehicles, concedes the law is unclear. He said the BMV's stance is that golf carts cannot be registered with the agency, "so, in theory, they should not be on the roads."

Rosebrough said the agency's policy committee is reviewing golf cart regulations.

Until the law is clarified, local officials are expected to continue to struggle with the issue on a town-by-town basis, said Marcia Oddi, editor of the Indiana Law Blog.

Oddi has been tracking the debate around the state.

"In some places, councils talk about this at almost every meeting, month after month. It's a big deal to a lot of people, and with gas prices going up, it's going to continue to be a hot topic," she said. * * *

While others debate the pros and cons, Gas City in Grant County has firmly embraced carts as an alternative mode of transportation.

Gas City Council President Larry Terwillegar said the decision to allow carts on residential streets came as a reaction to the increasing number of folks, mostly baby boomers and retirees, wanting to use them for errands.

The rules don't allow just anyone to hop into a cart and zip away.

Carts must be equipped with head-, tail- and brake lights, a windshield and a triangular slow-moving-vehicle emblem. Drivers must be at least 16 and provide proof of insurance when they register their carts each year with the police department. The carts may not be used on state highways and may cross them only at designated intersections with traffic lights.

Terwillegar said about 80 of Gas City's roughly 6,000 residents have licensed their carts -- including himself and the mayor.

There is much more to the comprehensive story. In addition, there is a side-bar on p. 7 of the printed version that does not appear in the online version, that gives a list of where golf carts are allowed, under discussion, etc. in Indiana, as well as a look at some cart laws in other states. The ILB may post this later.

For more on golf carts, check this long list of entries from the ILB.

[More] Here is the sidebar to the Star story:

The cart debate in Indiana

In the past year, officials in several Indiana communities discussed golf cart access on local streets and roads.

Where they're allowed
Argos, Bainbridge, Cicero*, Culver, Gas City, Geneva, Jonesboro, Portland

Approved, but on hold
Lebanon**

Where they're banned
Bloomfield, Wabash County

Under discussion
Converse, Greencastle, Van Buren, Vincennes, Worthington

*Cicero's ordinance goes into effect next month.

**Lebanon's ordinance was shelved after a local court upheld a ticket issued to a golf cart owner by the State Police.

Cart laws in other states

North Carolina bans golf carts from its roads, but since 2001, its General Assembly has given special permission to at least 30 communities to make their own rules. The mostly small towns stretch from summer hot spot Wrightsville Beach to skiing destination Beech Mountain.

Alabama does not allow golf carts on public streets because they are considered non-motorized vehicles. However, it's common for upscale subdivisions or developments targeting seniors to have specified cart paths.

Colorado prohibits golf carts on public roads, unless the local jurisdiction permits their use.

Washington state bans them on all public roads.

Source: Star research

Posted by Marcia Oddi on June 23, 2008 08:35 AM
Posted to Indiana Law