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Friday, August 29, 2008

Ind. Law - The golf cart issue seems to be snowballing

Following up on my post Wed., August 27th, which quoted both the Indiana State Police press release on golf carts on public roads, and a clarification the ILB requested directly from the ISP spokeman, this morning I send an e-mail to the Bureau of Motor Vehicles spokesperson. I wrote:

Dennis, Can you give me the BMV position on issuing registrations for golf carts? The State Police have told me: "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." [This is a quote from the Aug. 27th ILB entry]
Mr. Rosebrough is out of the office for the weekend, but I did get a direct response from him a few minutes ago:
Indiana does not permit us to license traditional golf carts. They do not meet State or Federal safety requirements. Please call me ... if we need to discuss. Dennis.
Well, this would seem to put lid on it for now. Or maybe not.

Here are some recent stories from Jay County and from Bluffton.

From yesterday's Bluffton News-Banner, some quotes from a long story by Glen Werling:

She’s tired of the calls and the emails.

You can’t ride a golf cart on Bluffton city streets, emphasized Police Chief Tammy Schaffer Tuesday.

“Up until now I think everyone has turned a blind eye, but this is getting to be a real problem,” said Schaffer.

High gas prices have caused some people to seek alternative sources of transportation for short trips and golf carts are one means to putter about town cheaply.

At last week’s city council meeting, city attorney Andrew Carnall responded to a letter from a Bluffton resident seeking city permission to ride her golf cart on the city streets. He explained that because the state does not recognize golf carts as a motor vehicle, they cannot be operated on public thoroughfares.

Since that time, Schaffer has received letters, emails and oral assaults from people who are sure that Carnall is wrong.

Schaffer contacted the Indiana Association of Chiefs of Police and received a response from Government Relations Co-chair Joe Pitcher advising that state law prohibits all-terrain vehicles, golf carts and other such vehicles on public streets unless they and their operators meet all of the requirements of a motor vehicle. * * *

Small communities appear to be the ones where the push is on to pass these kinds of ordinances. In Fishers—which Pitcher admits is no longer a small community—golf carts are permitted on streets where the speed limit is below 25 MPH, during daylight hours and only in residential neighborhoods.

But even in those cases, Pitcher didn’t believe that the ordinances were really legal. “What isn’t well known is that in most of those cities and towns, the state police has been issuing tickets and towing golf carts they find on public streets, notwithstanding local ordinances. Lebanon was issuing golf cart permits to its citizens, but the Indiana State Police came into town and wrote people riding these on the streets UTTs (uniform traffic tickets).

Two stories from Steve Garbacz, reporting for the Jay County Commercial Review. From 8/23/08, a good story headed "Uncertainty abounds about golf carts." Some quotes:
In the Indiana Code, there is no specific section regarding what a golf cart is. Unlike entries for bicycles, mopeds or off-road vehicles (which specifically exclude golf carts in its outline), there is no listing for golf carts and no rules for their use. Therefore, [Indiana State Police 1st Sergeant Al Klingerberg] said, they fall into the general definition of a motor vehicle, which covers standard vehicles such as everyday cars.

Motor vehicles have certain specifications they must meet before they can be registered and licensed with the Bureau of Motor Vehicles. But since golf carts don't meet those requirements and there are no other special procedures for registering them, it's technically illegal to operate them on roadways without that state certification.

"Indiana Law says that if a vehicle has an engine smaller than 50cc and is not designed to go over 25 mph, it is not a vehicle that gets licensed," said Dennis Rosebrough, communications director for the Indiana Burueau of Motor Vehicles. "We do not issue license plates or register golf carts."

Therefore, the state law, by not having a complete entry for golf carts, nulls Portland and other towns' ordinances allowing golf carts to be driven within city limits, Klingerberg said. This interpretation of the law would also contradict the recent intentions of the Jay County Commissioners to legalize golf cart traffic on county roads. * * *

Klingerberg did mention that during special festival events, such as this week's Tri-state Gas Engine and Tractor show, a town ordinance allowing golf cart usage, such as Portland's, would be legal. Festivals and certain scenarios, he said, do allow for a suspension of the rules. But once the festival is over, so is that allowance.

"Ordinances can't do that," he said. "I think state law would always win outside of the allowable festival."

So far it is winning in other municipalities, as golf cart drivers in Boone and Lawrence counties have been slapped with citations for driving without registration.

A court case challenging a golf cart ticket in the town of Lebanon is set for Nov. 13 and could be a step toward a clearer answer in Indiana.

The golf cart issue is one that will need to be resolved at the state level. In order to effectively allow golf cart traffic on roadways, state legislators would have to work to make an addition to the Indiana Code supplying the much-needed definition and regulations for golf carts. Then, local governing bodies could allow carts on the roads if they so choose.

As far as the state legislature adding golf carts to the Indiana Code, the conversation hasn't surfaced in the state legislature yet, but will likely be coming soon.

"I know it's an area that's going to be discussed at the legislature during the next session," said State Rep. Bill Davis, R-Portland. "I can tell you that it's something that people want and I know that local communities are trying to deal with the safety aspects of that. You have to weigh the convenience - and right now with the cost of fuel and things, the economics - versus the safety."

When January rolls around, the state legislature may work to remedy the problem. But as for now, golf carts will continue to roll through the gray area in the state code.

And from 8/25/08, this story. Some quotes:
Attorney Lon Racster presented research to the Jay County Commissioners this morning on the off-road vehicle and golf cart ordinance which has been proposed to allow these vehicles to travel on county roadways.

Off-road vehicles, Racster said, should be no trouble, since the county can state that as long as drivers follow the provisions in the Indiana Code, those vehicles will be allowed to ride the roadways. The commissioners continued to support that an additional requirement should be added that drivers under 18 years of age will need to wear a helmet.

And then the discussion turned to the muddled golf cart debate. * * *

"Subdivisions cannot pass statutes that are less restrictive than the state," Racster said and added, "Golf carts are not something the state has decided to regulate."

Racster informed the commissioners, however, that the power of the home rule, a rule that allows local governments to regulate the unregulated in their jurisdiction, might allow the county to pass such an ordinance since there is no state statute barring it.

"In my opinion, until such a time as (the state) chooses to regulate (golf carts), the home rule says we could," Racster said.

The lack of clarity leaves options open. A golf cart could fall under the defined sections of a low-speed vehicle. Those are defined as four-wheel, electric vehicles that have certain safety implements non-standard on most golf carts such as mirrors, turn signals and a windshield among others. The definition was likely formed to cover electric cars which have started to appear, but could possibly cover a modified golf cart.

There were questions, though, about whether the county would be liable if someone were injured in an accident while on a golf cart. The county could be liable if they authorize the non-state-regulated carts on the roadways.

There are no clear answers with golf carts since the information isn't complete.

"It's just not addressed," Racster said. "The state legislature has got to address the problem."

Posted by Marcia Oddi on August 29, 2008 10:17 AM
Posted to Indiana Law