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Nearly 100 vehicles registered under new city ordinance
The City of Brazil has registered nearly 100 golf carts and certain off-road side by side (SxS) vehicles since the ordinance passed in February. But not all of those vehicles belong to city residents.
“We have had a large number of people come and apply for the permits,” said Brazil Clerk-Treasurer Karen McQueen, who is surprised by the amount of applications for the permits. “Seems someone stops by City Hall almost daily to sign up.”
A lot of those registering a vehicle for the ordinance do not live in Brazil.
So the question “Is it legal for me to drive my golf cart on city/county streets?”
Technically, it’s not. However, the City of Brazil can choose to ignore specific state laws while enforcing others.
After numerous calls from residents in 2018 wanting to know if they could use the vehicles within city limits, the golf cart ordinance came to the attention of local officials.
Brazil’s Ordinance
In February, the Brazil City Council finally approved Ordinance 5-2019. It allows the use of golf carts, certain off-road vehicles (ORVs) and slow-moving vehicles to be legally operated on city streets. (Earlier attempts at passing the ordinance were recalled in January.)
This ordinance allows residents to operate registered golf carts and off-road vehicles (ORVs) on the city streets with a posted speed limit of 30 mph or less within the city limits. The owners require certain restrictions and regulations of these vehicles permitted by the ordinance, including:
• Only persons over 16 years of age with a valid driver’s license may operate a golf cart. To drive an ORV in the city, the person must be 16 years of age.
• Written proof of insurance must be available on the vehicle or the driver at all times when operating a golf cart or ORV.
• Golf carts and ORVs can only be used a half-hour after sunrise and before sunset unless equipped with operating headlights, taillights, and brake lights visible from a distance of 500 feet.
• These vehicles are not allowed on sidewalks or to be left unattended with the motor running or keys in the ignition on any city streets.
• Golf carts and ORVs are only allowed to cross over State Road 59 and
US 40 in 90-degree angles at intersections. To do so, a driver must bring the vehicle to a complete stop before crossing, and yield to all traffic.
(Complete details regarding the city ordinance are available at the Brazil Clerk Treasurer’s Office at City Hall.)
The city ordinance does not apply to anyone who lives outside of the city limits.
“If a state or county law enforcement officer sees someone driving a golf cart on the road in the county, they are not bound to enforce Brazil’s city ordinance,” said Clay County Sheriff’s Department Chief Deputy Josh Clarke. “They have to abide by the Indiana Code.”
Clarke said the Clay County Commissioners had not created these types of county ordinances to date. That is why members of the Clay County Sheriff’s Department, Indiana State Police and Indiana Department of Natural Resources will enforce the state laws, which do not include golf carts.
Indiana ORV/ATV laws
“A city, county, or town may adopt by ordinance traffic regulations concerning the use of golf carts or off-road vehicles, or both on a highway under the jurisdiction of the city, county, or town...” – Indiana Code 9-21-1-3.3 authorizes cities and towns to create their own ordinances regulating the use of golf carts, and ORVs.
According to Indiana Code, all ORV/ATVs purchased after Dec. 31, 2003, have to be registered with the Indiana Bureau of Motor Vehicles for $30 for three years.
These vehicles can not be operated on public highways, streets, parking lots, or any privately owned property without permission except for using the public right-of-way adjacent to the public highway.
Other state regulations include:
• If a county road system outside corporate limits of a city or town has designated a right-of-way for this purpose by the jurisdiction of a county highway department ORVs may be operated.
• Law enforcement can authorize the use of ORVs on a highway or road when conventional motor vehicles are unable to be used for transportation due to snow or other extreme highway conditions or during a prearranged special event permitted by a government agency with jurisdiction.
• The ORV’s certificate of registration and decals provided by the BMV must be on the vehicle and available for inspection by law enforcement. (Vehicles with an altered, defaced or obliterated vehicle number are not legal to operate.)
• The ORVs may cross a public highway at a 90-degree angle to get to one area or another, but only after coming to a complete stop to yield to all oncoming traffic.
• Any person under the age of 18 is required to wear a helmet while riding or operating an ORV.
Individuals less than 14 years-of-age may not operate an ORV vehicle without immediate supervision of someone at least 18, except on land owned or under the control of the individual or the individual’s parent or legal guardian. If operating an ORV vehicle on a public highway/road, the driver must have a valid driver’s license.
ORVs are not allowed to be operated between sunset and sunrise unless the vehicle has a working headlight, taillight, and an adequate braking system.
Federal motorized vehicle standards
Public interest in the variety of advantages of using comparatively low-cost and energy-efficient mobility has reached attention at the national level. Golf carts, especially electric-powered vehicles, and other similar-sized 4-wheeled vehicles used to make short trips for shopping, social, and recreational purposes has proven to provide quieter transportation that does not pollute the air of the communities where used.
There is, however, a growing conflict regarding the treatment of these small vehicles between state and local laws, on the one hand, and Federal statutes.
Under current National Highway Traffic Safety Administration and Department of Transportation interpretations and regulations, golf carts and other similar vehicles incapable of exceeding 20 miles per hour are subject to only state and local requirements for “low-speed vehicles.”
The federal standard requires low-speed vehicles to be equipped with headlamps, stop lamps, turn signal lamps, taillamps, reflex reflectors, parking brakes, rearview mirrors, windshields, seat belts, and vehicle identification numbers.
However, if initially manufactured or modified to go faster than 20 miles per hour, ORVs are classified and regulated as motorized passenger vehicles under Federal law.
Are golf carts and ORVs street legal?
So, people living in nearby neighborhoods outside city limits, like those close to the Forest Park Golf Course, can register a golf cart with the city. But they can not drive a golf cart legally on county/state roads to get to the city.
ORVs/ATVs must be registered with the IBMV, and then, only when compliant with the state and county laws, can the vehicles be driven on the roadways.
Learn more about Indiana laws regarding ORVs by logging onto the Indiana Department of Natural Resources portion of the in.gov website and searching Outdoor Recreation, then choosing the topic of motorized recreation.