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Wednesday, August 27, 2008

Ind. Law - More on: State Police issue golf carts press release [Updated with answer from ISP]

The ILB posted the Indiana State Police press release yesterday and thought it was a clear statement of the ISP's interpretation of what is the law is regarding driving golf carts on public roads.

The interpretation turns on this paragraph from the ISP release:

What does all this mean? A golf cart can be lawfully operated on public streets and/or highways if they can be properly registered and plated with the BMV. The BMV will not register a golf cart because it does not meet the safety and equipment standards for motor vehicles that are to be driven on highways.
The ILB read this to mean that the BMV will not register golf carts because the carts don't meet the standards. So the carts don't have plates, and the ISP tickets them.

But several papers are reporting it differently, apparently reading "because" as "if." From Q-100 News:

Indiana State Police are saying if a golf cart has all the proper safety and signal equipment like that of any other any other registered motor vehicle, the BMV can register them. A release by the Indiana State Police say there is nothing in the Indiana Code prohibiting golf carts from being registered at the Bureau of Motor Vehicles. The Indiana Code says golf carts, being self-propelled, are technically defined as motor vehicles and under the jurisdiction of the BMV.
From WBIW News:
ISP: Golf Carts Can Be Registered At BMV

Last updated on Wednesday, August 27, 2008

(UNDATED) - In an unusual turn of events in the debate over golf carts on public roadways, Indiana State Police say there may be a way to drive them currently.

A release by the Indiana State Police say there is nothing in the Indiana Code prohibiting golf carts from being registered at the Bureau of Motor Vehicles, contrary to what was previously thought.

The Indiana Code says golf carts, being self-propelled, are technically defined as motor vehicles and under the jurisdiction of the BMV.

If a golf cart has all the proper safety and signal equipment of any other motor vehicle, the Indiana State Police say the BMV can register it and issue tags, but they won't register it if it doesn't meet requirements.

The ILB has sent a message to Sgt. Anthony Emery, Public Information Office, ISP Indianapolis District, asking for clarification of the ISP position. Yes, ironically, we are parsing the press release, rather than the statutes.

[Updated at 4:17 pm] Sgt. Emery has quickly responded to my message. He writes:

Marcia,

A golf cart can be lawfully operated on public streets and/or highways if they can be properly registered and plated with the BMV. The BMV has the final say as to what they will register and what they will not. If someone had a golf cart that met all the safety standards/equipment and the driver of the golf cart had a valid driver’s license and insurance on the cart, then someone could be legal to the letter of the law. However, the law also states that the BMV has the supreme authority in determining what they will and what they won’t register and plate. It comes down to the fact that a golf cart cannot be operated on roadways legally because they meet the criteria requiring registration and license plate. The BMV could decide to approve a golf cart for registration and plates but are not likely to do so.

Attorneys throughout the state may have varying opinions in this matter. The legal staff for the Indiana State Police has determined that we will continue to take enforcement action for violations relating to the golf carts without the registrations.

I hope this clears up this matter for you. The fact still remains no one can operate the golf carts on the roadways legally unless the BMV should decide to let the operators register them. As to that, the BMV would have to answer the question as to if they will or they won’t.

Let me know if I can be of further assistance to you in this matter. Thanks.

Posted by Marcia Oddi on August 27, 2008 03:41 PM
Posted to Indiana Government | Indiana Law