Is it legal to drive a golf cart on a public road? If so, what licensing, equipment, etc. standards apply?

I think I have the answers, but thought I would tap the wisdom on this board in case anyone has been down this road before (pun intended).

I'd take a swing at it if I had something useful to offer

JAS

This issue comes up in Williamson County because we have a Sun City development. As I recall, they went and got some special law passed to permit golf carts on the road there.

As usual, the starting answer can be found on Wickipedia.

The transportation code defines motor vehicles and golf carts separately. Generally, a motor vehicle has to be registered. Golf carts, tractors, ATVs and such don't qualify as a motor vehicles, so they get their own special paragraph in the code. But you can operate your golf cart on a public roadway for up to two miles from your home to a course as long as you do so within a master planned community that has covenants that address their operation (Sun City, Lakeway, etc). Once you take it out on the public roadway, you're operating an unregistered motor vehicle. I think.

Okay, I know nothing about this area but have a related question: How are lower powered electric vehicles (not cars per se, more akin to souped up golf carts or motorized bicycles) treated under the law? What is the criteria for registering a vehicle for use on public roads?

Go here:

http://tlo2.tlc.state.tx.us/statutes/tn.toc.htm

and scroll down to Ch. 547

happy reading.

Being used to this forum, RW, I was hoping for the easy way out that you would simply just provide me with that quick and easy legal answer! JK!

You do get spoiled being a member of this board, as far as when you have a legal question. Some of the greatest legal minds in this state and country spring forth with ready answers to both unique and everyday situations. Thanks to all who continually provide help and advice to others, especially me.

And an extra big thanks to my private appellate attorney...you know who you are! He doesn't work for the county that I do, but he is always there when trouble strikes!

Merry Christmas to all!

Greg

I nominate GG for the award of "Most Cheerful Poster."

Ah, golf carts and "utility vehicles" (aka John Deer Gators and Kawasaki Mules). Here is our take on this issue: a run-of-the-mill golf cart and small utility vehicles were never designed as an "on road vehicle. As previous noted, section 502.0071, Transportation Code, does permit the operation of an unregistered golf cart (and TXDOT does register utility vehicles such as Gators and Mules as "golf carts" class) during the daytime under three circumstances: to and from golf course within two miles of origin point, entirely within a master planned community with approved restricttive covenants, and on a public or private beach. When a golf cart is operated within 502.0071, it is exempt from the equipment requirements of Ch. 547, Trnsportation Code (547.002(7)). If operated outside of the 502.0071, the golf cart has to registered, have liability coverage, and meet all equipment requirements in Chapter 547. It is a "slow-moving vehicle" so it is not required to be inspected.

In actuality, since Texas incorporates federal motor vehicle safety standards, it's very hard if not impossible for a standard golf cart, etc., to meet the requirements for an on-road vehicle. TXDOT does register them and often drivers think that means that the vehicles are street legal. That is not correct.

Somebody mentioned souped up golf carts. They do produce something often called a golf car or club car. This is large vehicle that usually seats four and has a top speed between 20 and 25 mph as oppposed to the usual 12-15 mph for a standard golf cart. These are generally in the group of vehicles falling under FMCSS 500. In Texas they are called neighborhood electric vehicles and are governed by Subchapter D, Chapter 552, Transportation Code (35 mph roads or less).

I get loads of golf cart questions. Contact me anytime you want to discuss.

Janette A

Janette,

Many farmers and ranchers use gators and golfcarts on the roads in and around their properties. Is there a exemption for agricultural purposes too?

JAS

Didn't some Euro country go off on Bill Murray for his golf cart/DWI case?

Section 663.037, Transportation Code has a provision that allows a person to operate an all-terrain vehicle on a road, street, or highway that is not an interstate or limited-access highway if the person does so in connection with the production, cultivation, processing, handling, etc., etc. of agricultural products or for utilities work. The ATV must have an 8 foot pole attached to the ATV that has a triangular orange flag at the top of the pole; headlights & taillights must be illuminated; the operator has to have a DL; operation must be in daylight; and the ATV may only be operated within 25 miles from the point of origin.

As far as I know, there is no such provision applicable to golf carts. Chapter 663 defines an ATV has having a saddle sear for the rider and for a passenger, if so designed; three or four tires in contact with the ground; designed by manufacturer for off-road use only; and not designed for farming or lawn care (riding lawnmowers aren't ATVs).

Hope that helps.

Janette A

I don't know if this helps but check this out:

ATV chart

I have a much better one at work, I'll post it if you like.

quote:

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Originally posted by JB:
I nominate GG for the award of "Most Cheerful Poster."

---

Gosh, I realize you're being sarcastic, but I'd rather see Alison Wetzel nominated for Prosecutor of the Year, based upon her committment to children and her hard fought victories!

And Scotty B nominated for the prosecutor most likely to be mistaken for the late, great Stevie Ray when you listen to him play the guitar!

Where do you pick up the sarcasm? Can a fellow prosecutor not celebrate the cheerfulness of a poster, recognizing the Christmas spirit?

Allison is an excellent choice. She has tried some very difficult cases in Travis County, involving child abuse that is hard to prove.

Thanks, Janette

JAS

While I'm not convinced that JB is being sarcastic, I would like to offer up a small bit of praise for Greg's positive postings. (That's alot of alliteration from anxious anchors placed in powerful posts.) Prosecutors, as far as I can tell, are the only lawyers that actually have legal doctrines that essentially presuppose a lack of integrity (i.e. selective prosecution, prosecutorial misconduct, Brady). Admittedly these doctrines are based on very high standards that defense attorneys find very difficult to meet, but that doesn't stop zealous advocates from trying to stretch them around even the most meager facts. And just the fact that they exist carries with it the hint that such behavior is commonplace enough to require a whole set of legal rules to deal with it.

The ABA, and to a lesser extent the Texas bar, an organization that purports to speak for all lawyers, seems to either pay little attention to our work or at worst undermine our efforts.

In high profile cases defense attorneys and reporters can attach all sorts of bad motives to prosecutors and ethical prosecutors are constrained to respond. Though the advent of Law and Order has lessened this trend, movies routinely portray prosecutors as politically hungry and morally flawed lawyers.

And when it comes to the real cases, only the big ones feature tearful victims proclaiming that the prosecutor has secured justice. There are many more cases that go unreported where everyone, including the victim, is unhappy and even resentful of the choices the prosecutor makes.

But prosecutors persist in their quest for justice in the face of all these obstacles and negative sentiments.

So, thank you Greg. You always have a kind word to say about just about every prosecutor you work with. You, yourself are a top notch prosecutor deserving of the same accolades you reserve for everyone else. That you take the time out to boost your fellow prosecutors speaks volumes about your dedication to this profession. And, in a world where praise for prosecutors seems in short supply, I can't think of a better Christmas gift.

Merry Christmas. God bless us, everyone. (Okay, that Tiny Tim reference was a little sarcastic.)

P.S.-No more tubthumping, I promise.

[This message was edited by David Newell on 12-21-07 at .]

I was just kidding, JB! BTW, for those who want to know, there are actually two prosecutors I have relied on for years when I am in a fix. Good Ole' JB and Mr. Newell.

For many years, I have relied on both John and David, and many others but especially them, to help me out of unique legal quagmires. And they always come through, even though both have more than enough work to do themselves. They are both happy and willing to set aside their work to help me with mine. In return, I always try to do the same for others.

I appreciate the kind words from both Newell and JB. There are so many in this profession that I admire, both personally and professionally. I am lucky to be a part of this profession.

When I moved from Fort Bend to Bastrop several years ago, and began handling the difficult caseload of child abuse cases, I was helped immensely by several Travis County Child Abuse prosecutors, including but not limited to Alison Wetzel, Anna Lee McNelis, Barrett Hanson and Mindy McCracken. Also by Fort Bend child abuse chief prosecutor deluxe Susie Morton, AAG Laura Popps and Tarrant County's Ben Leonard. These folks helped me bring alot of justice to alot of children in the past 2.8 years. And that work got me a promotion to First Asst.

Although I've successfully prosecuted many violent criminals over the years, locked away now so that they may not victimize citizens in the "free world", nothing has given me the satisfaction that locking away child predators has.

I just received a Christmas card from one child victim whose predator was sent away by myself and my often court partner, longtime prosecutor Kathy Holton earlier this year. Her mom didn't believe the child, but we did. After the perp was sent away, her grandmother obtained custody of her and the child now is blossoming, taking viola and gymnastic lessons and attending top notch schools far away from here where the bad stuff happened. She no longer lives in fear of mom's boyfriends, or of being left alone while mom was busy getting her groove on. This child is one of the most intelligent persons I have ever met, and I know she will have a happy and successful life and will overcome the dark period of her childhood. It makes me feel like I helped to save this child, and that is worth more than all of the defense attorney money in the world.

There are many others not mentioned here, but their help is gratefully acknowledged as well.

Please allow me to close with a recent quote from another noted and much admired Travis County prosecutor, Anna Lee McNelis:

"Never forget that you've got the white hat, and it's an honor and a privilege to wear it."

Someone pass me a tissue. I am verklempt.

Between the blogosphere and the grim facets of the cases we handle, it's encouraging to see a bit of positive outlook here. In that spirit, here are a few folks with whom I wouldn't hesitate to ride on a golf cart (Wow! Wasn't that a seamless tie-in to the original subject of this thread? ):

My good friends: Double G; the Banjo Hero; the lovely and talented Ms. Wanarka; Don, the quiet guy you should always look out for; Erik, the not-quiet guy you keeps the a-list seminars and bass thumping coming; and Dr. Rock, who keeps his fingernails long so they click when he plays the piano and the Public Information Act.

Rob, Shannon, Diane, Brownie, Ashlee, Big Boy, Sarah, Manda, Daytra, Gail, Lara, Sean & Co. at the Association, who put up with me when I loiter in Austin and elsewhere at seminars.

JB, JAS, JohnR, SAProsecutor, WHM, Mr. Newell, Martin Peterson, Lisa Tanner, Richard Alpert, Ben Leonard and other folks I've undoubtedly overlooked, who provide wisdom, strong opinion and scholarship on criminal law for a civil poser who admires their acumen greatly.

Ray Rike, David Hudson, Eileen Begle, Kelsey Menzel, David Escamilla, Bob Schell, Grant Brenna, Lisa Peterson, Steve Sparks and the other civilly-inclined folks out there who are what I hope to be when I grow up.

Everone who is a member of this Association who honors me by calling to discuss the weird problems we encounter in this line of work.

Almost all of the Amarillo criminal defense bar: with very few exceptions, good lawyers who represent their clients well and who don't make it personal.

Janelle, Wade, Eric, Tommy, Phillip, Habon, Charles, Justin, Cindy, Claire, Matt, Brenda and a staff of wonderful people who are decent and professional enough to put up with a crushing caseload and me on a regular basis.

Sappy, isn't it? But it's sincere. If any of you join me on a golf cart, we will not operate it on a public road (as far as you know), and you will be treated to perhaps the worst display of links skills you can imagine.

Merry Christmas, Happy New Year and rock on.