Chief of Police Directive Golf Carts, Off-Road Vehicles (ATV s and UTV s), and Slow Moving Vehicles on Roadways Enforcement Policy

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Roland Paul
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Glynn County Police Department 157 Public Safety Boulevard Dispatch (912) 554-3645 Brunswick, Georgia 31525 Administration (912) 554-7800 www.police.glynncounty-ga.org Fax (912) 554-7885 Matthew J.

1 Glynn County Police Department 157 Public Safety Boulevard Dispatch (912) Brunswick, Georgia Administration (912) Fax (912) Matthew J. Doering Chief of Police Scott A. Trautz Assistant Chief Chief of Police Directive-13.1 Golf Carts, Off-Road Vehicles (ATV s and UTV s), and Slow Moving Vehicles on Roadways Enforcement Policy Date: September, Revised: July 6, 2009 In light of the continued proliferation of the unlawful use of golf carts, off-road All Terrain Vehicles (ATV s), and now Utility Vehicles (UTV s), scooters, and other such motorized conveyances on public roadways that pose a significant risk to pedestrians, bicycle riders, other motorist, and the operators, and in response to numerous complaints from the public, it is necessary for a zero tolerance enforcement policy. To ensure each officer enforces the ordinances and laws with uniformity and with fairness, it is my enforcement policy that: Whenever reasonably possible, every officer who has probable cause to believe that a person has unlawfully operated any of the described conveyances described herein, is required to take enforcement action. Officers are encouraged to document the action with a citation (warning or non-warning), field interview, or incident report so as to show such violator has been cited or warned of the violation. If a violator has been previously warned, the officer is expected to file the appropriate charge(s). Verbal warnings are sometimes an appropriate enforcement action-if the officer believes a verbal warning would be an effective enforcement action for a non-recurrence of the offense. The policy was formulated by researching and reviewing all of the relevant statutes pertaining to all self propelled vehicles. I formulated the following interpretation from my review of the statues that apply to all self propelled conveyances (Motorized Carts and Low Speed vehicles) as an enforcement policy of the department that includes: Gas and Electric Golf Carts and the GEM Electric vehicles for both 2 and 4 passenger models, ATVs, Scooters, Mopeds, and Go-Carts. Page 1 of 7 Glynn County Police Enforcement Policy: Motorized carts, slow moving vehicles, off road ATVs and UTVs.

2 Enforcement Policy: Golf Carts: Golf carts are considered motorized carts pursuant to O.C.G.A (32) and may be classified as a slow moving vehicle pursuant to paragraph (25.1). Legal Operation of a Golf Cart on Public Roadway As a motorized cart, a golf cart may operate on roadways when all of the following elements of law are met: 1) during daylight hours only (O.C.G.A ). May, however, operate at night if they meet the equipment requirements of 49 Code of Federal Registry ; and 2) operate only on a roadway with a posted maximum speed limit of 35 MPH; and 3) must be equipped with an amber strobe light that is visible for 500 feet to the rear and front (O.C.G.A ); and 4) the operator possess a valid drivers license (O.C.G.A and Coker v. State, Georgia Court of Appeals. June 13, 2003); and 5) Slow Moving Emblem attached to the rear required [O.C.G.A (a) ]. Other Restrictions 6) Impeding the flow of traffic prohibited: a golf cart or other vehicles may not drive!!" #" $ 7) Children under the age of 6 prohibited from riding as a passenger, for a child passenger restraining system shall be provided in all passenger vehicles (O.C.G.A ). Registration (tag) is not required pursuant to (exempts motorized carts), and Insurance is not required pursuant to (Insurance is only required for motor vehicles requiring registration (tag). Note: County Ordinance prohibits any motorized conveyance (golf carts, ATV s, UTV s, etcetera) from operating on a sidewalk or bicycle path, and prohibits operation on any beach and other prohibited areas in county parks and property. Law Enforcement exempt. Manufactured Slow Moving Vehicles such as the GEM Electric vehicles: may operate on roadways during all hours that have a posted maximum speed limit of 35 MPH when equipped with an amber strobe light that is visible for 500 feet to the rear and front, and the operator possess a valid drivers license. Gem Electric vehicles are classified as Low Speed vehicles and thus are required to have an amber flashing light to warn other motorist of a slow moving vehicle pursuant to O.C.G.A , and are equipped with all required lighting to operate during low or no light conditions (headlights, turn signals, brake lights, running lights) as required by. Registration and insurance is required only exempts motorized carts. Page 2 of 7 Glynn County Police Enforcement Policy: Motorized carts, slow moving vehicles, off road ATVs and UTVs.

3 Off-Road Vehicles (ATVs, UTVs, etc): may not operate on any public roadway at any time, and may only operate on private property with express written permission of the owner (OCGA ). Off-road vehicles include, but is not limited to, any motorized vehicle designed for or capable of cross-country travel over land, water, snow, ice, marsh, or other natural terrain and not intended for use predominately on public roads that includes, but is not limited to, low pressure tire vehicles (four wheelers, quad runners, 3 wheelers, air boats, etc). ATVs, commonly called 4-wheelers and quad utility off-road vehicles as manufactured as off-road vehicles, are off-road motor vehicles and have no exemptions to operate on a pubic roadway, other than for agricultural purposes, e.g., Yamaha Rhino, Kawasaki Mule, Polaris Ranger, etc. Operating these vehicles on a public roadway is a violation of, but not limited to: 1. Improperly Equipped Vehicle on a public roadway-o.c.g.a (must meet requirements in. 2. Registration required for Vehicles Operated on Public Road-O.C.G.A Motor Vehicle required to have Insurance-O.C.G.A Off-road tires not permitted on public roadway-o.c.g.a Operator required to have a drivers license-o.c.g.a I spoke with Judge O. Douglas (State Court Judge) who agreed that ATVs (4 wheelers specifically) are in violation of the above 1 thru 5 statutes if operated on a public roadway. Scooters, motorized mini-bikes, etc: A few years ago small motorized or miniaturized motorcycles were introduced in the market. These small cycles typically have a 49cc or smaller engine that are often driven by kids, and offered as rentals to adults. My research of the law shows that these motorized cycles are classified as motor driven cycles and are subject to the same licensing requirements as mopeds as long as they meet the operational definition described in (28). Otherwise, they are a motor vehicle and subject to the same equipment, registration, insurance, and operators license as other motor vehicles, and may meet the requirement as a motorcycle (helmet). Page 3 of 7 Glynn County Police Enforcement Policy: Motorized carts, slow moving vehicles, off road ATVs and UTVs.

4 Statutes reviewed: O.C.G.A : Motor Vehicle-every vehicle which is self propelled (25.1): "Low-speed vehicle" means any four-wheeled electric vehicle whose top speed attainable in one mile is greater than 20 miles per hour but not greater than 25 miles per hour on a paved level surface and which is manufactured in compliance with those federal motor vehicle safety standards for low-speed vehicles set forth in 49 C.F.R. Section and in effect on January 1, (28) "Moped" means a motor driven cycle equipped with two or three wheels, with or without foot pedals to permit muscular propulsion, and an independent power source providing a maximum of two brake horsepower. If a combustion engine is used, the maximum piston or rotor displacement shall be 3.05 cubic inches (50 cubic centimeters) regardless of the number of chambers in such power source. The power source shall be capable of propelling the vehicle, unassisted, at a speed not to exceed 30 miles per hour (48.28 kilometers per hour) on level road surface and shall be equipped with a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator after the drive system is engaged. (30) "Motor driven cycle" means every motorcycle, including every motor scooter, with a motor which produces not to exceed five brake horsepower, every bicycle with a motor attached, and every moped. (63) "Street" means the entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. Includes the shoulders and rights-of-way along side roadways (32): Motorized cart-no less than 3 wheels, unladen weight of 1300 lbs, cannot operate above 20 mph (2009 statute review) : Any motor vehicle not exempt in , is required to be registered while operating on a pubic street : Low-Speed vehicles require amber strobe light visible by 500 feet : Vehicles Impeding the normal flow of traffic : Traffic Laws applicable to low-speed vehicles : Authority of local government to regulate motorized carts : Operating low-speed vehicles on roadways with max. posted speed limit of 35 mph : Motorized carts may only operate during daylight hours, unless equipped with proper lighting equipment When police officers may remove vehicles.!d) Because uninsured vehicles pose a threat to the public safety and health, any law enforcement officer is authorized to remove or cause to be removed to the nearest garage or other place of safety the vehicle of a person who is charged under subsection (a) or (b) of Code Section if such person admits to the law enforcement officer that there is no insurance in effect on the vehicle or if the law enforcement officer verifies that the proof of insurance provided by such person is fraudulent Insurance requirements for operation of motor vehicles generally : Registration and License requirements of motor vehicles, excludes motorized carts : Drivers License required for operation of a motor vehicle upon a highway : Motor Vehicle Insurance is required for all motor vehicles operated on a public highway that is required to be registered (tag) : Tires for operation on public roadway. Tires must not say for off road use Any person operating an off-road vehicle under any of the following conditions shall be deemed to be in violation of this chapter. (1) Without operative brakes or without mufflers or other silencing equipment; (2) On any private property without the express written permission of the owner of the property or his agent. Page 4 of 7 Glynn County Police Enforcement Policy: Motorized carts, slow moving vehicles, off road ATVs and UTVs.

5 40-8-1: TITLE 40. MOTOR VEHICLES AND TRAFFIC CHAPTER 8. EQUIPMENT AND INSPECTION OF MOTOR VEHICLES ARTICLE 1. EQUIPMENT GENERALLY (a) This article shall not apply to implements of husbandry, road machinery, road rollers, farm tractors, or three-wheeled motorcycles used only for agricultural purposes, except when expressly made applicable. This article shall not apply to motorized carts (a) It shall be unlawful for any person to operate upon the public roads of this state any slow-moving vehicle or equipment, unless there is displayed on the rear thereof an emblem that for slow-moving vehicles by the American Society of Agricultural Engineers in December, 1966, and contained within such society s standard ASAE S276.1, or shall be an emblem of the same shape and size painted on such vehicle in a bright and conspicuous retroreflective red orange paint. See below for specifications of the emblem. Case Law Reviewed: Coker v. State, Georgia Court of Appeals. June 13, Golf carts are motor vehicles that when operated on pubic Roads require the operator to have a valid drivers license. This case law is interpreted to apply to the GEM Electric vehicles also. FARM TRACTOR WAS "MOTOR VEHICLE" BASED ON UNINSURED MOTORIST STATUTE. --A farm tractor towing a mobile home on a county road was a "motor vehicle" for purposes of the uninsured motorist statute, Hinton v. Interstate Guar. Ins. Co., 267 Ga. 516, 480 S.E.2d 842 (1997). Attorney General of Georgia Opinions: %&"##$%'( %&)*+',* - -." " /0 " &'(%&)*+',* / ##26!2-0,.7# &059&8.9&"7" 6"7"(4"1, *42! (( 3 (!: (# -0 ("&3 58;( (72< -=58-0 = 5!" 8 5-8* -3 > 58 2 Page 5 of 7 Glynn County Police Enforcement Policy: Motorized carts, slow moving vehicles, off road ATVs and UTVs.

6 5!8 2 5# "8<> </ < / =-=2 (8) [Effective until Nov. 1, 2006.] A windshield of AS-1 or AS-5 composition, that conforms to the American National Standard Institute's "Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways," Z , January 28, 1977, as supplemented by Z26.1a, July 3, 1980 (incorporated by reference; see.9&"7"), (8) [Effective Nov. 1, 2006.] A windshield that conforms to the Federal motor vehicle safety standard on glazing materials (.9&"7!"). (9) a VIN that conforms to the requirements of part 565 Vehicle Identification Number of this chapter, and (10) a Type 1 or Type 2 seat belt assembly conforming to Sec of this part, Federal Motor Vehicle Safety Standard No. 209, Seat belt assemblies, installed at each designated seating position. S Lane width. The lane width is not less than 3.5 m (11.5 ft). - 0 =-0 0-0< !" 8 - -=0 3= 4 -=- = (0**- '0( %)2(*&!72.72(*(!7!54('?.782(*(!7 Page 6 of 7 Glynn County Police Enforcement Policy: Motorized carts, slow moving vehicles, off road ATVs and UTVs.

7 Directed this 9 th day of July, Matthew J. Doering Chief of Police Page 7 of 7 Glynn County Police Enforcement Policy: Motorized carts, slow moving vehicles, off road ATVs and UTVs.

Ramsey, Minnesota, Code of Ordinances >> PART II - CODE OF ORDINANCES >> Chapter 54 - TRAFFIC AND VEHICLES >> ARTICLE IV. - RECREATIONAL VEHICLES >>

Ramsey, Minnesota, Code of Ordinances >> PART II - CODE OF ORDINANCES >> Chapter 54 - TRAFFIC AND VEHICLES >> ARTICLE IV. - RECREATIONAL VEHICLES >> ARTICLE IV. - RECREATIONAL VEHICLES [36] Sec. 54-96.