July 23, 2014 at 2:10 p.m.
Uncertainty abounds about golf carts (08/23/2008)
By By STEVE GARBACZ-
According to Indiana Code, that person driving a golf cart up and down the road on an average day is breaking the law.
Forget the local ordinances that say it's legal - the Indiana State Police says it's not.
It's a technical point and it's at the heart of several golf cart debates in towns across the state. While high fuel costs have plenty of people riding carts off the fairway and onto the roadway, a missing entry in the Indiana Code leaves golf carts hanging in legal limbo.
The big problem is there's no definition of what a golf cart is or how it can be legally operated. Indiana State Police 1st Sergeant Al Klingerberg ran through the muddled issue.
"Everything else that drives down the road ... is mentioned specifically," he said, "so that brings you to a point where you have a motor vehicle. (A golf cart) is defined in a general category.
"I can't deny with you that it would be nice if it was specifically listed," he said. "We go to the general definition because we don't have a non-general definition."
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, 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.
Commissioners' attorney Lon Racster said he wasn't going to make a call on whether it could be done until he completed his ongoing research.
"I'm looking into what we can or can't do," he said. "I have not researched that yet."
A partner in his firm, Bill Hinkle, who acts as Portland's attorney and was its counsel during the city's golf cart ordinance formation, must not have found a conflict with the law to advise the city on that ordinance. According to the state police, however, that year-round ordinance is not valid.
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.
So could police officers pull over golf carts and write citations after the engine show is over?
"We could," Klingerberg said, but added it's not likely going to happen. The state police are more concerned with patrolling the highways and shouldn't be troubling golf carts unless they're causing a problem.
It's not much of a concern for local authorities either. Jay County Sheriff Ray Newton said county police probably wouldn't take advantage of the technicality to cite people.
"If they're doing it in the county, I'm not going to say anything," he said. "If (the commissioners) pass an ordinance and (drivers) meet the requirements, I'm not going to mess with it."[[In-content Ad]]
Forget the local ordinances that say it's legal - the Indiana State Police says it's not.
It's a technical point and it's at the heart of several golf cart debates in towns across the state. While high fuel costs have plenty of people riding carts off the fairway and onto the roadway, a missing entry in the Indiana Code leaves golf carts hanging in legal limbo.
The big problem is there's no definition of what a golf cart is or how it can be legally operated. Indiana State Police 1st Sergeant Al Klingerberg ran through the muddled issue.
"Everything else that drives down the road ... is mentioned specifically," he said, "so that brings you to a point where you have a motor vehicle. (A golf cart) is defined in a general category.
"I can't deny with you that it would be nice if it was specifically listed," he said. "We go to the general definition because we don't have a non-general definition."
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, 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.
Commissioners' attorney Lon Racster said he wasn't going to make a call on whether it could be done until he completed his ongoing research.
"I'm looking into what we can or can't do," he said. "I have not researched that yet."
A partner in his firm, Bill Hinkle, who acts as Portland's attorney and was its counsel during the city's golf cart ordinance formation, must not have found a conflict with the law to advise the city on that ordinance. According to the state police, however, that year-round ordinance is not valid.
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.
So could police officers pull over golf carts and write citations after the engine show is over?
"We could," Klingerberg said, but added it's not likely going to happen. The state police are more concerned with patrolling the highways and shouldn't be troubling golf carts unless they're causing a problem.
It's not much of a concern for local authorities either. Jay County Sheriff Ray Newton said county police probably wouldn't take advantage of the technicality to cite people.
"If they're doing it in the county, I'm not going to say anything," he said. "If (the commissioners) pass an ordinance and (drivers) meet the requirements, I'm not going to mess with it."[[In-content Ad]]
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