« Ind. Decisions - Court of Appeals issues 1 today (and 2 NFP) | Main | Ind. Courts - "Court scuffle puts new alert system to test" »

Tuesday, August 26, 2008

Ind. Law - State Police issue golf carts press release

The Indiana State Police has just issued a press release on golf carts. Here is the whole thing; here are some quotes:

Title 9 of the Indiana Code (I.C.) which regulates “Motor Vehicles” does not specifically ban or restrict the use of golf carts on public roadways and therefore a golf cart could be legally operated on public roadways provided it meets all requirements and restrictions set forth by Indiana Code. I.C. 9-13-2-175 defines a “street” or “highway” as the entire width between the boundary lines of every way publicly maintained when any part of the way is open to the use of the public for purposes of vehicular travel. The term includes an alley in a city or town.

To be lawfully operated upon a public street or highway in Indiana, motor vehicles must be registered and plated with the BMV (see I.C. 9-18-2-29). A golf cart is a motor vehicle as defined by I.C. 9-13-2-105(a) because it is a self propelled vehicle. I.C. 9-13-2-105(a) is a definition statute that excludes certain types of vehicles from the definition of a “motor vehicle.” Golf carts are not specifically excluded from the definition of “motor vehicle” and therefore are included in the definition of a motor vehicle.

In addition, a golf cart would likely be required to display a slow moving vehicle emblem as defined in I.C. 9-21-9 if the golf cart is not capable of being operated at a speed greater than 25 m.p.h. The cart may also be required to be equipped with flashing red or amber lights in further compliance with I.C. 9-21-9. Golf cart operators may even be required to wear safety belts under certain circumstances.

While some municipalities have adopted local ordinances allowing for the operation of golf carts on “city and town” streets, those local ordinances are superseded by state statutes to the extent that such ordinances contradict, duplicate, alter, amend, modify, or extend the subject matter of the applicable statute. Thus, an ordinance does not excuse golf cart operators from liability under state statutes, and state statutes “trump” local ordinances.

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.

Well, if you've made it this far you see that in the end they tie their hats on the definition of "highway" as including every street and alley, and on 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." Where is the law the BMV uses? Presumably it is IC 9-19, Motor Vehicle Equipment. See particularly IC 9-19-1-5:
Sec. 5. Except as otherwise provided in this article, an owner of a vehicle may not cause or knowingly permit to be operated or moved upon a highway in Indiana a vehicle or combination of vehicles that is not constructed or equipped in compliance with this article.
Looking through Title 9, however, I ran across some other interesting laws. For instance, IC 9-21-11, the law relating to bicycles and motorized bicycles. For instance IC 9-21-11-12:
Sec. 12. A motorized bicycle may not be operated under any of the following conditions:
(1) By a person less than fifteen (15) years of age.
(2) By a person who has not obtained an identification card under IC 9-24, a permit under IC 9-24, an operator's license under IC 9-24, a chauffeur's license under IC 9-24, or a public passenger chauffeur's license under IC 9-24.
(3) On an interstate highway or a sidewalk.
(4) At a speed greater than twenty-five (25) miles per hour.
So a kid on a motorized bicycle can ride on a street, and even have a passenger, provided the bike has a second seat, but his grandfather may not do the same in his golf cart.

Back to the State Police bulletin. It concludes with a paragraph that begins:

One might think that police officers should have more pressing traffic enforcement issues that take priority over taking enforcement action against someone driving down a local street on a golf cart.
and ends:
[W]hile the Indiana State Police is not engaged in an active enforcement campaign to target the operation of golf carts on roadways, troopers will not turn a blind eye where violations of this nature are observed in the course of routine patrol.

Posted by Marcia Oddi on August 26, 2008 01:32 PM
Posted to Indiana Law