Golf carts are moving from the fairways to the roadways as gas prices, though declining slightly in recent days, continue to eat away at pocketbooks.

The laws regulating the operation of golf carts on public roads are handled by the state. “There is no local ordinance that prohibits this,” said City Manager Frank Johnson.
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(ENLARGE)
John B. Taylor drives past the historic Harrison County Courthouse in his new electric cart Wednesday in Marshall. The vehicle, a Tomberlin E-Merge, is used to get around the downtown area without using a car.

“There’re provisions in the Transportation Code that look like they allow for the general use of golf carts on roads that have a speed limit of 35 (mph) or less — it refers to them as ‘neighborhood electric vehicles,’” said Todd Fitts, attorney for the city of Marshall.

But “neighborhood electric vehicles” don’t necessarily adhere to the general idea of a “golf cart.”

“Texas law references federal law as far as the definition of what a golf cart is and I’m not so sure that would govern ‘off-the-course’ golf carts,” Fitts said. “We’re still looking at it and trying to figure out what best suits our needs here in the city.”

Unfortunately, according to the attorney, it’s not as simple as just declaring that golf carts are permitted on city streets.

“There are issues that we have to look at — age, safety features, insurance to name a few — plus, how do we define a golf cart,” he said. “We may or may not require some kind of city registration. As we look into it further, I think some kinds of precautions would be something we might want to move to. I think we want to be proactive and do something.”

Cary “Mac” Abney would like to see the city become proactive.

Abney brings his personally-owned golf cart to the Abney Simmons & Company CPA office at 215 E. Austin St. and allows members of the firm — and some of its customers — to use it to get around the downtown area.

“We kind of started this as a test program during the summer,” he said. “It saves our people driving their cars and, in fact, some of our clients have used it, too, just to run across to an attorney’s office or such. It’s really been a good deal for us.”

Abney said he has been contacted by other residents since his “test program” began and feels that the use of these electric carts is going to catch on. Therefore, he added, the city will need to address the increased use of them on public streets.

“We have no problem getting around in traffic,” he said. “It’s actually faster than using a car and it’s so much better to run to the bank or to the attorney’s office or the post office. And you can park in a little bitty space.”

Abney’s cart, which he said “started out as a regular golf cart,” has been altered. He’s had lights installed, though he said he hasn’t yet used it at night. He’s also had an extra seat installed and has placed an “SMV” (slow moving vehicle) sign on the back, the latter as required by state transportation code.

“We can go 23, 24 miles in it before it needs to be charged. We just plug it in overnight and it’s ready to go,” he said. “I’m going to build a cage for it here at the office so we can leave it here. I think this fall is going to be a big teller with it. I’m hoping to be able to leave it here all winter.”

Abney said he’s purchased insurance on the vehicle and only allows licensed drivers to use it and only on roadways with speed limits of 35 mph or less.

“I’m hoping more people will start using them,” he said. “We’re really happy with it.”

Texas Law

The Texas Transportation Code defines a golf cart as “a motor vehicle designed by the manufacturer primarily for transporting persons on a golf course.” A “passenger vehicle” is defined as “a motor vehicle, other than a motorcycle, golf cart, light truck, or bus, designed or used primarily for the transportation of persons.”

Section 502.0071 states that the owner of a golf cart is not required to register the vehicle if the cart is operated only during the “daytime,” defined as beginning one-half hour before sunrise and ending one-half hour after sunset, and the operation:

Does not exceed a distance of two miles from the point of origin to the destination if driven to and from a golf course;

Occurs entirely within a master planned community with a uniform set of restrictive covenants that has had a plat approved by a county or a municipality; or

Occurs on a public or private beach.

The state law requires that a golf cart display a “slow-moving vehicle” emblem when it is operated on an arterial street.

The code also allows for the issuance of specialty license plates for eligible golf carts but specifies that the issuance of such a plate “does not authorize the operation of a golf cart on a public road where it is otherwise prohibited by law.”

TYPES OF GOLF CARTS

With the popularity and availability of “carts” growing, the National Highway Traffic Safety Administration has listed and defined some of the current varieties.

Sub-25 mph vehicle: Any 4-wheeled vehicle whose top speed is not greater than 25 miles per hour. This group includes all of the vehicles in the other groups below, except those speed-modified golf cars whose top speed is greater than 25 miles per hour.

Conventional golf car: Either a fleet golf car or a personal golf car.

Fleet golf car: A golf car used solely to carry one or more people and golf equipment to play golf. These are sold to golf courses.

Personal golf car: A golf car used to carry one or more people and may carry golf equipment to play golf. These are sold to individual people who may use them to travel on public roads to and from golf courses and to play golf, to travel on public roads on purposes unrelated to golf, or for all of these purposes.

Speed-modified golf car: A conventional golf car that was modified, after its original manufacture, so as to increase its speed. While some speed-modified golf cars have a top speed of 20 to 25 miles per hour, others have a higher top speed. That modification may currently be accompanied by the addition of safety equipment required for the on-road use of the golf car.

Neighborhood electric vehicle: Any 4-wheeled electric vehicle whose top speed is not greater than 25 miles per hour. Some of these vehicles look more like a passenger car than a conventional golf car.

Low-speed vehicle: Any 4-wheeled motor vehicle whose top speed is greater than 20 miles per hour, but not greater than 25 miles per hour. This group includes neighborhood electric vehicles, and speed-modified golf cars, whose top speed is greater than 20 miles per hour, but not greater than 25 miles per hour.

Tags: Golf carts on city streets?