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Wednesday, August 20, 2008

Ind. Law - Pressure for allowing golf carts on public streets continues

Monday the ILB posted this entry, which we titled "State police say golf carts are illegal on city streets, period." The story from the Vincennes Sun Commercial reported that "Sgt. Todd Ringle, a spokesman with the Indiana State Police Post in Evansville, said golf carts are illegal on public streets." The reason, he said, was because they are not registered - i.e don't have license plates.

The ILB asked: "State police patrolling city streets, at least in Lebanon and Vincennes; who is watching the highways and interstates?" A reader wrote to ask: "Are they using the Mustangs for this?"

Another reader: "So who do you think will offer legislation next year about this? While it is becoming a huge issue in many communities, this is exactly the kind of issue that they hate to take on because it makes them look so silly . . . "

I personally don't think so, I think legislators will recognize this as an important issue to many voters, especially those in smaller Indiana communities and among older voters. It has become more pressing because of soaring gas prices and the high cost of everything. Witness the number of Indiana communities considering the question. Other states have addressed this issue and allow golf carts at least on residential streets; Indiana's state law needs to be made clear.

There have been at least two more stories this week on this topic.

Dave Martin of the Goshen News reported:

MIDDLEBURY, Ind. — Two weeks ago, Town Council members asked for public input on the issue of whether an ordinance should be drafted to allow the use of golf carts on the public streets in Middlebury.

Councilman Jack Kortie, who favors the use of carts on the town’s streets, told his council cohorts Monday that he received a response on the issue greater than any other matter since joining the council. * * *

The council had said that if significant response were received, the panel would hold a public hearing on the golf cart issue. However, Kortie said after Monday’s meeting that the council is continuing to study the issue and is awaiting a court decision on an Indiana case involving a golf cart, so the issue won’t likely be decided soon in Middlebury. * * *

[Town manager Lowell] Miller had looked at golf cart use in other Indiana towns and at Indiana statutes related to the issue. He told the panel two weeks ago that golf carts are considered moving vehicles and state statutes place “significant restrictions” on what must be included in any town ordinances relating to golf cart use on streets and highways, he said.

For example, before carts can be used on streets and highways, they must be registered as moving vehicles and undergo safety inspections. * * *

Councilman Dan Frederick quoted a state statute prohibiting the operation of golf carts on state highways where the speed limit is at least 35 miles per hour.

Miller said that a Nov. 13 trial date had been set on a golf cart case in Lebanon where a cart driver was ticketed by the Indiana State Police for having no registration for his cart while operating it on a city street there as opposed to a state highway. The driver is challenging the state police officer’s authority in that situation. * * *

Resident James Markley said that carts would be much safer to operate on the streets than “low-slung bicycles,” as long as the carts have proper lights and signals installed.

Parks and Recreation Manager John Stout said he opposes golf carts, or any motorized vehicles, on the town’s bicycle and pedestrian path. Councilman Dan Frederick assured Stout that the council would not allow carts on the path. [Emphasis added by ILB]

The ILB would like to know more about the trial set for Nov. 13 in Lebanon.

The Elkhart Truth also had a story this week about the Middlebury Town Council meeting.

Posted by Marcia Oddi on August 20, 2008 07:33 AM
Posted to Indiana Law