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Friday, June 09, 2006

Ind. Law - More on: Golf carts in the news again [Updated again]

Yesderday afternon the ILB posted an entry on the Lebannon golf cart ordinance being under siege from the state police (scroll down two entries or click here).

WTHR (Indy ch. 13) had this story last evening:

Lebanon - Golf carts are becoming just as popular on the street as they are on the fairway. But one Indiana city is learning that allowing their use on the street puts them at odds with state police.

Jean Mohr prefers to get around Lebanon in her personalized golf cart. With the price of gas at nearly $3 a gallon, it's certainly cheap transportation. "I use it to go from point A to point B," said Mohr.

But going from A to B could soon get Mohr a fine.

"I think this is an interference of home rule," said Lebanon Mayor James Acton, referring to threats by the state police to ticket golf cart owners like Mohr who thought they were driving their carts on city streets legally.

"What the state's doing in it, I don't know," Mohr said.

With the popularity of golf carts soaring for personal use, cities like Lebanon found that there needs to be some regulation. After months of debate and public meetings, the City Council passed an ordinance in March allowing their use on city streets only by licensed and insured drivers who paid for a $30 registration sticker and met safety requirements. But recently, state police told the city the carts aren't considered motorized vehicles that can be licensed and therefore aren't street legal.

When the city enacted the law, it said that while the carts can be used on city streets, they're not allowed on state roads, which are patrolled by the state police.

Around 35 people paid the $30 fee to register their carts. Lebanon city officials like the mayor says this is a case of home rule they hoped isn't trumped. In case it is, "Then we'll have to repeal the ordinance and police will then be required to ticket people they see on a golf cart," he said.

Jean Mohr may conclude that affordable transportation isn't worth a $100 fine.

State Police met Thursday with the city and county prosecutor. The prosecutor said no decision has been reached yet, adding that he feels this is a public safety issue and that golf carts could be dangerous on city streets.

[Updated] Yesterday's entry mentioned the proposed DNR rule permitting "motorized carts" in state parks. I've now heard back from DNR about the status of the proposed rule:
Hi, Marcia,

The NRC gave final adoption in May to rule amendments that would allow the use of "motorized carts" (which includes golf carts) in some circumstances where not previously authorized. The proposed rules are now at the Attorney General's office for its review as to legality.

If you're interested in checking the hearing officer report, it's Item 13 on the NRC's webpage [i.e. the current agenda].
[Updated again - 6/9/06 afternoon] New information from DNR; the rule has been approved:
On June 6, the Attorney General approved the LSA Document #05-344(F) that provides for the use of motorized carts at state parks and recreation areas. The Governor gave his approval on June 9, 2006, and subsequently, the Secretary of State filed on the same day. The rule will become effective July 9, 2006.

Posted by Marcia Oddi on June 9, 2006 08:00 AM
Posted to Indiana Law