GOLF CARTS, LOCAL ROADS H.B. 5045 (H-3):
SUMMARY OF HOUSE-PASSED BILL
IN COMMITTEE
House Bill 5045 (Substitute H-3 as passed by the House)
Sponsor: Representative Kevin Cotter
House Committee: Local Government
Senate Committee: Local Government
CONTENT
The bill would amend the Michigan Vehicle Code to do the following:
-- Allow a village, city, or township with a population under 30,000 to permit golf carts on its streets.
-- Allow a county board of commissioners to disapprove the operation of golf carts on a township's streets if certain conditions were satisfied.
-- Require a person to be at least 16 years old and licensed to operate a motor vehicle before operating a golf cart on any street.
-- Establish requirements for operating a golf cart on a street.
-- Specify that a golf cart operated on local streets would not have to be registered under the Code.
The bill is tie-barred to House Bill 5636. (House Bill 5636 (S-1) would amend the Insurance Code to exclude golf carts, among other devices, from the definition of "motor vehicle" for purposes of the Code's requirement to maintain auto insurance.)
Local Government Approval
House Bill 5045 (H-3) would allow a village, city, or township with a population of fewer than 30,000 individuals based upon the 2010 census to permit, by resolution, the operation of golf carts on the streets of that village, city, or township. For a township, the resolution could be disapproved by the county board of commissioners. If a village, city, or township allowed the operation of golf carts on its streets, it could require those golf carts and golf cart operators to be recorded on a list maintained by the village, city, or township. A village, city, or township could not charge a fee for listing golf carts or golf cart operators. ("Golf cart" would mean "a vehicle designed for transportation while playing the game of golf". A golf cart would not be required to meet the vehicle safety requirements of a low-speed vehicle for approval under the bill.)
A county board of commissioners could, by resolution, disapprove the operation of golf carts on the streets of a township located within that county if the board of commissioners conducted a hearing and determined that one or both of the following applied: a) the operation of golf carts on the streets of that township would cause significant environmental harm, or b) the operation of golf carts on the streets of that township would cause a significant concern of public safety. The county board of commissioners would have to provide public notice of a hearing, and written notice of the hearing to the township, at least 45 days before the hearing was conducted.
Operation of Golf Carts on Local Streets
The bill would require a person to be at least 16 years old and licensed to operate a motor vehicle before the person could operate a golf cart on any street. A golf cart operator would have to comply with the signal requirements of Section 648 that apply to the operation of a vehicle. (Section 648 pertains to signaling a turn or stop through use of the hand and arm or through an electrical or mechanical device in the course of operating a vehicle.) A person operating a golf cart upon a roadway would have to ride as near to the right side as practicable and exercise due care when passing a standing vehicle or one proceeding in the same direction.
A person could not operate a golf cart on a State trunk line highway. This would not prohibit a person from crossing a State trunk line highway when operating a golf cart on a street of a village, city, or township, using the most direct line of crossing. Where a usable and designated path for golf carts was provided adjacent to a highway or street, a person, by local ordinance, could be required to use that path. A person operating a golf cart could not pass between lines in traffic, but could pass on the left of traffic moving in his or her direction in the case of a two-way street or on the left or right of traffic in the case of a one-way street, in an unoccupied lane.
A golf cart could not be operated on a sidewalk constructed for use by pedestrians. A village, city, or township, by resolution, could designate roads or classifications of roads for use by golf carts. A golf cart could not be operated on streets during the time period from a half hour before sunset to half hour after sunrise. A golf cart would have to be operated at a speed of 15 miles per hour or less, and could not be operated on a highway or street with a speed limit of more than 30 miles per hour, except to cross that highway or street. A golf cart operator or passenger would not be required to wear a crash helmet.
Other Provisions
The bill would not apply to a police officer in the performance of his or her official duties.
A golf cart operated on a village, city, or township street would not have to be registered under the Michigan Vehicle Code for purposes of Section 3101 of the Insurance Code. (Section 3101 of the Insurance Code establishes a requirement that the owner or registrant of a motor vehicle required to be registered maintain automobile insurance coverage.)
Proposed MCL 257.657a Legislative Analyst: Jeff Mann
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
Fiscal Analyst: Elizabeth Pratt
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.