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Monday, August 18, 2008
Ind. Law - State police say golf carts are illegal on city streets, period
Jenny Peter of the Vincennes Sun Commercial reports:
The Vincennes City Council hasn't made a decision on whether to regulate the use of golf carts on city streets, but the Indiana State Police say it isn't theirs to make.State police patrolling city streets, at least in Lebanon and Vincennes; who is watching the highways and interstates?It was the understanding of many that the state of Indiana didn't regulate the use of the golf carts and left doing so up to cities and towns. That now doesn't seem to be the case.
Mayor Al Baldwin released a statement Thursday warning those who drive golf carts around town that at least one driver had been issued a ticket by a trooper with the Indiana State Police.
"She was ticketed for being improperly registered, not driving a properly registered vehicle," Baldwin explained.
Baldwin declined to release the woman's name.
Sgt. Todd Ringle, a spokesman with the Indiana State Police Post in Evansville, said golf carts are illegal on public streets. Golf carts don't, he said citing state statute 9-13-2-105, meet the required definition of a motor vehicle, and only those that meet that definition can operate on public streets. Anything classified as a motor vehicle must also be registered by the Bureau of Motor Vehicles to be legal, he said citing state statute 9-18-2-29.
"Under that statute, it says that all vehicles that are operated on public highways must be plated (have license plates)," Ringle said. "And the (BMV) will not plate a golf cart because it does not meet that statute.
"It's important to point out that even if a city passes an ordinance (allowing for the use of golf carts), a person that operates one on a public street would still be violating state law." * * *
Then, during Monday night's regular city council meeting, Becky Blagrave, 703 S. Ninth St., said the federal government several years ago classified golf carts as low-speed vehicles - not to be confused with slow-moving vehicles - that are not allowed on roads with speed limits in excess of 35 mph.
Indiana recognizes the federal government's definition of low-speed vehicles but allows cities and towns to regulate their use, Blagrave argued citing at least two state statutes.
Baldwin said it, too, was his understanding that the state had no statute in place prohibiting the use of golf carts on city streets. The proposed ordinance had been approved by City Attorney Dave Miller, but, in light of recent events, Miller now planned to speak with Indiana's attorney general to get some clarification on the issue, Baldwin said.
"I haven't the slightest clue (what's going on)," Baldwin said. "We didn't think the state regulated (golf carts), but the state police have indicated that they're going to interpret the law that they're not legally registered vehicles and ticket them appropriately."
Posted by Marcia Oddi on August 18, 2008 04:02 PM
Posted to Indiana Law