Member
| |
| Posts: 2578 | Location: The Great State of Texas | Registered: December 26, 2001 |
IP
|
|
Member
| Thanks to everyone who replied, especially Janette. The question to me was whether it is legal to drive a golf cart on roads in a state park.
The park regulations are silent on this topic, so I believe the Transp. Code is the governing body of law. Below is what I came up with in my research. The previous responses lead me to believe I am on the right track.
A golf cart is a type of motor vehicle per 502.001 (7). Generally speaking, I believe state park roads qualify as public highways. So a golf cart on a state park road must be registered, "street legal," and display an inspection sticker. The driver must have a DL and proof of liability insurance. If the park road has been assigned a number by TXDOT, such as Park Road 72, then the golf cart must display a slow-moving vehicle emblem and is exempt from the annual safety inspection requirement.
Exception: Any golf cart can be operated in the daytime on a beach in a state park if the driver is licensed.
The gray area for me is whether the ATV laws in Ch. 663 apply. Prior to the 2007 legislature, the definition of ATV expressly excluded golf carts. That exclusion was removed by HB 3849. But I have my doubts whether the ATV laws were intended to apply to golf carts due to the differing equipment requirements, and the restrictions on ATVs operating on public highways which seem to conflict with provisions of the code that clearly contemplate the operation of golf carts on public roads. |
| Posts: 245 | Location: Austin, Texas | Registered: July 08, 2003 |
IP
|
|
Member
| I don't think a golf cart can be considered an ATV. The legislature did add "bench" and then "bucket" seats to the definition of "all terrain vehicle in Chapter 502, Transportation Code. But they didn't make a corresponding change to the definition of an ATV in the ATV chapter (Ch. 663, Transportation Code). Section 502.001 has a separate definition for a "golf cart" (a vehicle designed by the manufacturer primarily for transporting person on a golf course). ATVs certainly don't fit that definition. Perhaps the amendment to Section 29.0012(3), Parks & Wildlife Code, was meant to cover Gators, Mules, and similar utility type vehicles which manufacturers design for off-road use only. The bill analysis was of no help in determining the reason for new definition.
All in all, golf carts on public roads can be a real hazard, particularly when the driver chooses to operate them on higher speed roads. I can't tell you how many calls I have received over the last 9 years about golf carts!
Janette A |
| Posts: 674 | Location: Austin, Texas, United States | Registered: March 28, 2001 |
IP
|
|
Member
| Again, check out Transportation Code 663.937(g). This permnits a peace officer to operate an ATV on a public street other than an interstate or limited access highway if the operation is in connection with the officer's official duties, the vehicle has the 8 foot pole with orange flag attached, the head and tail lamps are illuminated, the officer has a valid DL, and the operation does not exeed a distance of 25 miles from point of origin to destination.
I am still not sure that a golf cart meets the ATV definition in 663.001, but as a prosecutor, I guess that is your judgment call.
Janette A |
| Posts: 674 | Location: Austin, Texas, United States | Registered: March 28, 2001 |
IP
|
|