Annual registration?

#GolfCartLife in Portland could soon have a new restriction — annual registration.

City council tabled an ordinance proposal in a meeting last month, for the moment delaying a measure that’s similar to law statewide in Ohio and nearby Indiana cities. The ordinance would require annual registration with the Portland Police Department for any golf cart driven on city streets.

But what prompted the proposal? And what makes golf carts different from other vehicles driven on Portland streets?

The proposed amendment to the city’s traffic code came by recommendation of Mayor John Boggs, an avid golf cart user himself who often drives his cart to Portland events and meetings, and even to city hall for work when weather permits.

Boggs justified the proposed ordinance and $35 registration fee by pointing to area municipalities that have a similar measure in place and said it will be a needed revenue stream for the city if the 2022 budget is reduced by a recession caused by the coronavirus pandemic.

Council members said they would like to wait until next year to weigh in on the matter. It passed the ordinance proposal on first reading at an October meeting. Boggs didn’t provide a timeline for when he would bring the ordinance proposal back to council but said he would do so eventually.

Money collected from registration would go toward education and enforcement of other city codes, Boggs said, namely traffic ordinances, which have been overhauled during his short time as mayor.

If anything, annual registration would make Portland golf cart drivers aware of the city’s existing golf cart restrictions, Boggs said.

“I hope that the acknowledgment will give the indication we’re a little more serious about (traffic ordinances),” the mayor said.



What’s the law?

Compared to Ohio, Indiana statute is relatively lenient, leaving it up to Hoosier municipalities to draft more restrictive ordinances as needed.

In a 2017 judicial opinion on golf carts, Indiana Attorney General Curtis Hill wrote, “The legislature has ceded regulation of golf carts to local government entities, by removing golf carts from the scope of state regulation, and instead empowering local governmental entities to regulate them.”

This statewide philosophy is what allows Jay County cities and towns to each have their own appropriate set of ordinances outlining the use of golf carts on streets.

Portland, Redkey and Dunkirk have fairly similar rules on golf carts, barring them from state highways. They require golf carts to abide by normal traffic rules, to be insured and have headlights and brake lights when driving at night. They also require drivers to have a valid driver’s license and for each passenger to have a seat.

Portland, which originally passed its golf cart ordinance in 2007 after safety concerns were raised, would be the only city or town in Jay County to require annual registration of golf carts. Redkey requires an inspection of golf carts, per its police department, during which each cart is checked to make sure it is up to code.

So far, the state legislature has avoided passing strict requirements for golf carts on local streets, in part because golf cart ordinances and the necessity for law varies widely among Hoosier municipalities because driving golf carts on city streets typically only happens in rural cities and towns.

In Ohio, golf carts can be driven up to 20 mph on any road with a speed limit of 35 mph or below. All golf carts must be registered with the Ohio Department of Transportation before being allowed on roads.

A bill introduced by local state Sen. Travis Holdman (R-Markle), who represents Jay County, in previous state general assemblies aimed to allow golf carts to be driven on all state highways. The bill has repeatedly died for a lack of a committee hearing and has failed to make any progress in the lawmaking process.



Are they dangerous?

There are nationwide instances and data that show serious golf cart accidents happen; however, there are few instances of that being a trend locally.

A search of accident reports printed in The Commercial Review shows eight traffic collisions or injuries involving golf carts over the last five years.

Dunkirk police chief Dane Mumbower said the last instance of a golf cart accident in his city was in 2009 when somebody underage was driving a golf cart and flipped it. There were no injuries in that case, he said.

Concerns have been raised at Portland City Council meetings about the common sight of a child driving a golf cart on city streets.

“A lot of times you see kids driving and I think, ‘How is that covered?’” said Landry Inman of Inman Insurance in Portland.

Around a third of golf cart accidents involve children younger than 16, according to a study from the American Journal of Preventive Medicine.

Another study from the journal analyzed 40 golf cart accidents that resulted in children being sent to the hospital. The study found that more than 97% of those accidents involved children who weren’t wearing seat belts.

That study found that, when a child is driving a golf cart, it is much more likely to flip, and that requiring seat belts would go a long way in keeping everyone on a golf cart safe.

Currently no Jay County city or town requires seat belts on golf carts.

Inman and Kyle Champ, owner of Portland Insurance, said their firms insure golf carts but that it’s a rare occurrence for any claim, let alone an injury claim, to be filed.

“I can’t remember the last time we’ve had a claim,” Champ said.

“I’ve never had a liability claim on a golf cart,” Inman said.

Champ noted there are an increasing number of residents putting a lot of money into their golf carts — some cost upwards of $6,000 — so a more expansive insurance policy is warranted in some cases, but often times somebody only has injury liability covered in a policy, he said.