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Friday, September 19, 2008

Ind. Law - "Golf carts a cheaper, but illegal, way to get around small towns"

So wrote Laura Lane yesterday in the Bloomington Herald-Times. Some quotes from the excellent story ($$):

WORTHINGTON — Hal Harp is a law-abiding town council president in his town of 1,452. But when he considers the state law that keeps his golf cart from legally traveling the small town’s roads, he becomes a bit of an anarchist.

“We’ve been riding golf carts around town for 10 years, and nobody ever said anything about it,” Harp said. “We haven’t had any incidents, nor has anyone raised any concerns about them. Pretty much everyone here agrees it’s OK.”

Golf carts on the roads are a recent controversy, brought to the forefront by sky-high gas prices and golf cart affordability. Battery-operated ones sell for as little as $1,500.

Harp keeps his 1995 model parked right by his garage, the 6-volt battery always plugged in and charging. When he wants to go to the town hall, or when his wife needs a loaf of bread or eggs from the nearby grocery, they unplug the cart and go on their way. She no longer drives a car, and he doesn’t see the need to waste pricey gasoline to travel half a mile across town.

“There’s probably 20 or 25 golf carts in Worthington, maybe more than that,” Harp said. “And when we had our big yard sales day at the end of August, there were probably 100 golf carts in town.”

But there’s a problem. While state law does not specifically mention golf carts or prohibit them from roadways, it does essentially ban them from the roads because the state’s Bureau of Motor Vehicles will not register them for street use or issue license plates unless they have safety features that include a horn, headlights and taillights, turn signals, windshields and seat belts.

But no license plate means no access to roads and highways.

That’s why Worthington’s police force had to take its official police golf cart off the streets.

“It has markings that says it belongs to the Worthington Police Department, and we’re hoping they will become legal so it can be used for events and for cruising around and patrolling the town,” Harp said. “It has a real visible presence. I don’t think the officers could run anyone down or chase them with it, but then we generally don’t have that much crime in Worthington.”

The report continues:
Bill Poe lives in Linton, Greene County’s largest city. And just about every day, the 79-year-old breaks the law, zipping off in his three-wheeled golf cart to run errands in town.

He purchased the vehicle a year ago at a yard sale, and has invested about $1,200 in the vehicle — $400 for six-volt batteries. He depends on the cart to transport him to and from the bank, the Sav-A-Lot, Angell’s grocery, fast-food restaurants’ drive-though windows and friends’ homes. He even ventures to the Super Wal-Mart at the edge of town once in a while, and takes great care in crossing the busy highway. * * *

His top speed? About 12 mph. “I’ve got a mirror, and when I see someone coming up behind me I’ll pull over and wave them around me,” Poe said. “I try to be courteous. You have to use your head, and your eyeballs, and you’ll be all right.”

Poe told Linton Mayor Tom Jones that he should take seriously citizens’ desire to travel around town in golf carts. “I said pretty much the only industry they have left in town is retired people, and that is who you see on golf carts,” Poe said. “You see them out, mostly of an evening, when they go visiting and just ride around and talk to other people and enjoy life.” * * *

Last month, the Indiana State Police issued a statement clarifying that a golf cart is a motor vehicle under state law because it is self-propelled. And while the police note that some municipalities around the state have adopted laws allowing golf cart traffic, “those local ordinances are superseded by state statutes.” * * *

But golf carts are a common sight on the streets of the southern Indiana town of New Harmony. You can rent one at the visitors center — $15 an hour, or $60 for an entire day — and travel on the historic town’s roads except for Church Street, which is part of a state highway.

New Harmony calls itself “the Golf Car Capital of Indiana,” a quaint community where “golf cars are the accepted mode of transportation for residents and visitors alike,” according to the New Harmony Golf Car Co.’s Web site.

Town Marshal Scott Champlin said he knows there is controversy about the use of golf carts, but his town council stands by its 2006 ordinance allowing them on the streets. “So far, we are still letting them ride,” Champlin said. “I know there is some difference of opinion, but the town board talked to their attorney about it.”

Champlin will be riding one around town this weekend, patrolling during the Kunstfest, a German food and arts celebration of the town’s heritage that attracts thousands of people.

New Harmony’s ordinance requires golf carts to have headlights, a rear taillight visible from 300 feet, adequate brakes and a rear-view mirror. They cannot travel faster than 25 mph. Operators must register their vehicles with the town’s clerk-treasurer and show proof of insurance. They pay a $15 fee, which is used to maintain the New Harmony Wabash River Greenway Trails.

Back in Greene County, neither Harp nor Poe has been ticketed for operating their golf carts on city and town streets. Poe said he has come face-to-face with police officers at stop signs, and they have gone on by.

Both men have contacted State Rep. Sandy Blanton, a Democrat from Orleans, asking her to sponsor legislation to change the law to make golf carts legal on Hoosier roads. She said she hopes to find a balance between safety concerns and rural transportation options. * * *

Harp said it’s essential that golf cart drivers be careful, stay off heavily traveled roads and follow safety rules.

“I think the state Legislature should legalize the use of them, and allow the town councils to decide if it is right for their town or not,” Harp said.

Find other ILB entries on golf carts here.

Posted by Marcia Oddi on September 19, 2008 09:04 AM
Posted to Indiana Law