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Tuesday, September 02, 2008

Ind. Law - "Golf carts, state police policy collide"

Niki Kelly of the Fort Wayne Journal Gazette today has the definitive newspaper article, so far, on the golf cart issue. It begins:

INDIANAPOLIS – Hundreds of Hamilton residents use their golf carts to go to the post office, pick up groceries or make an ice cream run in their Steuben County lake community.

And they are properly registered with the town – for a $40 annual fee – under an ordinance passed in May that requires insurance and certain safety features, and limits the number and ages of passengers.

“With the economy faltering and gas prices going through the roof, this is a way to save gas,” said Milton Otero, the Hamilton town manager. “Our residents are saving tons of money and loving it.”

But as the popularity of the fuel-efficient golf carts grows statewide there is still much confusion over their legality on the roads, and Indiana State Police troopers have even ticketed some golf cart drivers.

The state police tried to clarify the situation with a statement last week.

It said Indiana law doesn’t specifically ban or restrict the use of golf carts on public roadways. But there are some caveats.

“What does all this mean?” the state police statement asked. “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.”

The statement went on to say that “while 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.”

And the state police remind Hoosiers that even if their local communities have an ordinance, state law trumps local law.

Dennis Rosebrough, spokesman for the Bureau of Motor Vehicles, agrees the issue is not an easy one.

“The whole issue of non-traditional motorized vehicle has been heating up,” he said. “It is a topic of discussion among the agencies. The proliferation of golf carts is pushing the limits of the definition and forcing these kinds of conversations.”

He broke the issue down into three facets.

First, a golf cart does meet the basic definition of a motor vehicle, which is that it be self-propelled.

The next important factor, Rosebrough said, is that most traditional golf carts don’t meet the safety equipment requirements set forth in state and federal law to be on the road, such as having a horn, headlights, taillights, turn signals, windshields and even safety belts.

Lastly, he said the BMV would hypothetically consider registering and plating a golf cart but only if the manufacturer equips the vehicles to meet state and federal standards.

From the end of the story:
Rep. Sandy Blanton, D-Orleans, said she is considering a bill to make clear that golf carts are legal and that BMV can and should register them. A constituent of hers was ticketed for being unlicensed while riding a golf cart on a town street in Mitchell.

She also is a member of the Joint Study Committee on Mass Transit and Transportation Alternatives and hopes to lead a discussion on the topic during the coming months.

“A lot of rural areas are very interested in this,” Blanton said. “I hope we can find a balance that serves the safety of Hoosiers and local communities looking for transportation options.”

For the most informative recent ILB entries, see 8/26/08 (State Police analysis); 8/27/08 (State Police answer ILB questions); 8/29/08 (BMV answers ILB question).

Note: If you have strong feelings on this issue, pro of con, and would like to contact your legislator, now might be a good time to do it, before they get busy with the legislative session. (Of course, be aware that the election is Nov. 4, which might change a few legislators).

Posted by Marcia Oddi on September 2, 2008 08:54 AM
Posted to Indiana Law