H.B. 337

1

GOLF CARTS ALLOWED ON CERTAIN
2 HIGHWAYS
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Carol Spackman Moss
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Vehicles Code by allowing golf carts on certain highways.
10 Highlighted Provisions:
11 This bill:
12 . defines "golf cart";
13 . allows a municipality or county to:
14 . allow golf carts on specified highways under its jurisdiction; and
15 . require the owner to pay a fee and be issued a permit for the golf cart;
16 . prohibits the use of a golf cart on a highway with a posted speed limit of more than
17 25 miles per hour;
18 . provides that a golf cart, when used on a highway, is considered a motor vehicle for
19 purposes of traffic rules, driver licensing, insurance, and taxation with certain
20 exceptions;
21 . requires a golf cart used on the highway to be equipped with stop lamps and brakes
22 and with head lamps if used during hours of darkness;
23 . exempts golf carts used on the highway from vehicle registration, safety and
24 emissions inspections, vehicle identification numbers, and odometer requirements;
25 . provides penalties; and
26 . makes technical changes.
27 Monies Appropriated in this Bill:

28 None
29 Other Special Clauses:
30 None
31 Utah Code Sections Affected:
32 AMENDS:
33 41-6a-102, as renumbered and amended by Chapter 2, Laws of Utah 2005
34 ENACTS:
35 41-6a-1509, Utah Code Annotated 1953
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 41-6a-102 is amended to read:
39 41-6a-102. Definitions.
40 As used in this chapter:
41 (1) "Alley" means a street or highway intended to provide access to the rear or side of
42 lots or buildings in urban districts and not intended for through vehicular traffic.
43 (2) "All-terrain type I vehicle" has the same meaning as defined in Section 41-22-2 .
44 (3) "Authorized emergency vehicle" includes:
45 (a) fire department vehicles;
46 (b) police vehicles;
47 (c) ambulances; and
48 (d) other publicly or privately owned vehicles as designated by the commissioner of the
49 Department of Public Safety.
50 (4) (a) "Bicycle" means every device:
51 (i) propelled by human power;
52 (ii) upon which a person may ride; and
53 (iii) having two tandem wheels.
54 (b) "Bicycle" does not include scooters and similar devices.
55 (5) (a) "Bus" means a motor vehicle:
56 (i) designed for carrying more than 15 passengers and used for the transportation of
57 persons; or
58 (ii) designed and used for the transportation of persons for compensation.

59 (b) "Bus" does not include a taxicab.
60 (6) (a) "Circular intersection" means an intersection that has an island, generally
61 circular in design, located in the center of the intersection where traffic passes to the right of
62 the island.
63 (b) "Circular intersection" includes:
64 (i) roundabouts;
65 (ii) rotaries; and
66 (iii) traffic circles.
67 (7) "Commissioner" means the commissioner of the Department of Public Safety.
68 (8) "Controlled-access highway" means a highway, street, or roadway:
69 (a) designed primarily for through traffic; and
70 (b) to or from which owners or occupants of abutting lands and other persons have no
71 legal right of access, except at points as determined by the highway authority having
72 jurisdiction over the highway, street, or roadway.
73 (9) "Crosswalk" means:
74 (a) that part of a roadway at an intersection included within the connections of the
75 lateral lines of the sidewalks on opposite sides of the highway measured from:
76 (i) (A) the curbs; or
77 (B) in the absence of curbs, from the edges of the traversable roadway; and
78 (ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway
79 included within the extension of the lateral lines of the existing sidewalk at right angles to the
80 centerline; or
81 (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
82 pedestrian crossing by lines or other markings on the surface.
83 (10) "Department" means the Department of Public Safety.
84 (11) "Divided highway" means a highway divided into two or more roadways by:
85 (a) an unpaved intervening space;
86 (b) a physical barrier; or
87 (c) a clearly indicated dividing section constructed to impede vehicular traffic.
88 (12) "Electric assisted bicycle" means a moped:
89 (a) with an electric motor with a power output of not more than 1,000 watts; and

90 (b) which is not capable of:
91 (i) propelling the device at a speed of more than 20 miles per hour on level ground; and
92 (ii) increasing the speed of the device when human power is used to propel the device
93 at more than 20 miles per hour.
94 (13) "Explosives" means any chemical compound or mechanical mixture commonly
95 used or intended for the purpose of producing an explosion and which contains any oxidizing
96 and combustive units or other ingredients in proportions, quantities, or packing so that an
97 ignition by fire, friction, concussion, percussion, or detonator of any part of the compound or
98 mixture may cause a sudden generation of highly heated gases, and the resultant gaseous
99 pressures are capable of producing destructive effects on contiguous objects or of causing death
100 or serious bodily injury.
101 (14) "Farm tractor" means a motor vehicle designed and used primarily as a farm
102 implement, for drawing plows, mowing machines, and other implements of husbandry.
103 (15) "Flammable liquid" means a liquid which has a flashpoint of 100 degrees F. or
104 less, as determined by a tagliabue or equivalent closed-cup test device.
105 (16) "Freeway" means a controlled-access highway that is part of the interstate system
106 as defined in Section 72-1-102 .
107 (17) (a) "Golf cart" means a motor vehicle that:
108 (i) is designed for transportation by players on a golf course;
109 (ii) has not less than three wheels in contact with the ground;
110 (iii) has an unladen weight of less than 1,800 pounds;
111 (iv) is designed to operate at a speed of not more than 25 miles per hour; and
112 (v) is designed to carry not more than six persons including the driver.
113 (b) "Golf cart" does not include a low-speed vehicle or an off-highway vehicle.
114 [(17)] (18) "Gore area" means the area delineated by two solid white lines that is
115 between a continuing lane of a through roadway and a lane used to enter or exit the continuing
116 lane including similar areas between merging or splitting highways.
117 [(18)] (19) "Gross weight" means the weight of a vehicle without a load plus the
118 weight of any load on the vehicle.
119 [(19)] (20) "Highway" means the entire width between property lines of every way or
120 place of any nature when any part of it is open to the use of the public as a matter of right for

121 vehicular travel.
122 [(20)] (21) "Highway authority" has the same meaning as defined in Section 72-1-102 .
123 [(21)] (22) (a) "Intersection" means the area embraced within the prolongation or
124 connection of the lateral curblines, or, if none, then the lateral boundary lines of the roadways
125 of two or more highways which join one another.
126 (b) Where a highway includes two roadways 30 feet or more apart:
127 (i) every crossing of each roadway of the divided highway by an intersecting highway
128 is a separate intersection; and
129 (ii) if the intersecting highway also includes two roadways 30 feet or more apart, then
130 every crossing of two roadways of the highways is a separate intersection.
131 (c) "Intersection" does not include the junction of an alley with a street or highway.
132 [(22)] (23) "Island" means an area between traffic lanes or at an intersection for control
133 of vehicle movements or for pedestrian refuge designated by:
134 (a) pavement markings, which may include an area designated by two solid yellow
135 lines surrounding the perimeter of the area;
136 (b) channelizing devices;
137 (c) curbs;
138 (d) pavement edges; or
139 (e) other devices.
140 [(23)] (24) "Law enforcement agency" has the same meaning as defined in Section
141 53-1-102 .
142 [(24)] (25) "Limited access highway" means a highway:
143 (a) that is designated specifically for through traffic; and
144 (b) over, from, or to which neither owners nor occupants of abutting lands nor other
145 persons have any right or easement, or have only a limited right or easement of access, light,
146 air, or view.
147 [(25)] (26) "Local highway authority" means the legislative, executive, or governing
148 body of a county, municipal, or other local board or body having authority to enact laws
149 relating to traffic under the constitution and laws of the state.
150 [(26)] (27) (a) "Low-speed vehicle" means a four wheeled electric motor vehicle that:
151 (i) is designed to be operated at speeds of not more than 25 miles per hour; and

152 (ii) has a capacity of not more than four passengers, including the driver.
153 (b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
154 [(27)] (28) "Metal tire" means a tire, the surface of which in contact with the highway
155 is wholly or partly of metal or other hard nonresilient material.
156 [(28)] (29) "Mobile home" means:
157 (a) a trailer or semitrailer which is:
158 (i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping
159 place either permanently or temporarily; and
160 (ii) equipped for use as a conveyance on streets and highways; or
161 (b) a trailer or a semitrailer whose chassis and exterior shell is designed and
162 constructed for use as a mobile home, as defined in Subsection [(28)] (29)(a), but which is
163 instead used permanently or temporarily for:
164 (i) the advertising, sale, display, or promotion of merchandise or services; or
165 (ii) any other commercial purpose except the transportation of property for hire or the
166 transportation of property for distribution by a private carrier.
167 [(29)] (30) (a) "Moped" means a motor-driven cycle having:
168 (i) pedals to permit propulsion by human power; and
169 (ii) a motor which:
170 (A) produces not more than two brake horsepower; and
171 (B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on
172 level ground.
173 (b) If an internal combustion engine is used, the displacement may not exceed 50 cubic
174 centimeters and the moped shall have a power drive system that functions directly or
175 automatically without clutching or shifting by the operator after the drive system is engaged.
176 (c) "Moped" includes an electric assisted bicycle and a motor assisted scooter.
177 [(30)] (31) "Motor assisted scooter" means a self-propelled device with:
178 (a) at least two wheels in contact with the ground;
179 (b) a braking system capable of stopping the unit under typical operating conditions;
180 (c) a gas or electric motor not exceeding 40 cubic centimeters;
181 (d) a deck design for a person to stand while operating the device; and
182 (e) the ability to be propelled by human power alone.

183 [(31)] (32) (a) "Motor vehicle" means a vehicle which is self-propelled and every
184 vehicle which is propelled by electric power obtained from overhead trolley wires, but not
185 operated upon rails.
186 (b) "Motor vehicle" does not include vehicles moved solely by human power and
187 motorized wheel chairs.
188 [(32)] (33) "Motorcycle" means a motor vehicle, other than a tractor, having a seat or
189 saddle for the use of the rider and designed to travel with not more than three wheels in contact
190 with the ground.
191 [(33)] (34) "Motor-driven cycle" means every motorcycle, motor scooter, personal
192 motorized mobility device, moped, electric assisted bicycle, motor assisted scooter, and every
193 motorized bicycle having:
194 (a) an engine with less than 150 cubic centimeters displacement; or
195 (b) a motor which produces not more than five horsepower.
196 [(34)] (35) "Off-highway implement of husbandry" has the same meaning as defined
197 under Section 41-22-2 .
198 [(35)] (36) "Off-highway vehicle" has the same meaning as defined under Section
199 41-22-2 .
200 [(36)] (37) "Operator" means a person who is in actual physical control of a vehicle.
201 [(37)] (38) (a) "Park" or "parking" means the standing of a vehicle, whether occupied
202 or not.
203 (b) "Park" or "parking" does not include the standing of a vehicle temporarily for the
204 purpose of and while actually engaged in loading or unloading property or passengers.
205 [(38)] (39) "Peace officer" means a peace officer authorized under Title 53, Chapter 13,
206 Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of
207 traffic laws.
208 [(39)] (40) "Pedestrian" means a person traveling:
209 (a) on foot; or
210 (b) in a wheelchair.
211 [(40)] (41) "Pedestrian traffic-control signal" means a traffic-control signal used to
212 regulate pedestrians.
213 [(41)] (42) "Person" means every natural person, firm, copartnership, association, or

214 corporation.
215 [(42)] (43) (a) "Personal motorized mobility device" means a self-propelled device
216 with:
217 (i) two nontandem wheels in contact with the ground;
218 (ii) a system capable of steering and stopping the unit under typical operating
219 conditions;
220 (iii) a motor not exceeding one horse power or 750 watts; and
221 (iv) a deck design for a person to stand while operating the device.
222 (b) "Personal motorized mobility device" does not include a wheelchair.
223 [(43)] (44) "Pole trailer" means every vehicle without motive power:
224 (a) designed to be drawn by another vehicle and attached to the towing vehicle by
225 means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and
226 (b) that is ordinarily used for transporting long or irregular shaped loads including
227 poles, pipes, or structural members generally capable of sustaining themselves as beams
228 between the supporting connections.
229 [(44)] (45) "Private road or driveway" means every way or place in private ownership
230 and used for vehicular travel by the owner and those having express or implied permission
231 from the owner, but not by other persons.
232 [(45)] (46) "Railroad" means a carrier of persons or property upon cars operated on
233 stationary rails.
234 [(46)] (47) "Railroad sign or signal" means a sign, signal, or device erected by
235 authority of a public body or official or by a railroad and intended to give notice of the presence
236 of railroad tracks or the approach of a railroad train.
237 [(47)] (48) "Railroad train" means a locomotive propelled by any form of energy,
238 coupled with or operated without cars, and operated upon rails.
239 [(48)] (49) "Right-of-way" means the right of one vehicle or pedestrian to proceed in a
240 lawful manner in preference to another vehicle or pedestrian approaching under circumstances
241 of direction, speed, and proximity which give rise to danger of collision unless one grants
242 precedence to the other.
243 [(49)] (50) (a) "Roadway" means that portion of highway improved, designed, or
244 ordinarily used for vehicular travel.

245 (b) "Roadway" does not include the sidewalk, berm, or shoulder, even though any of
246 them are used by persons riding bicycles or other human-powered vehicles.
247 (c) "Roadway" refers to any roadway separately but not to all roadways collectively, if a
248 highway includes two or more separate roadways.
249 [(50)] (51) "Safety zone" means the area or space officially set apart within a roadway
250 for the exclusive use of pedestrians and which is protected, marked, or indicated by adequate
251 signs as to be plainly visible at all times while set apart as a safety zone.
252 [(51)] (52) (a) "School bus" means a motor vehicle that:
253 (i) complies with the color and identification requirements of the most recent edition of
254 "Minimum Standards for School Buses"; and
255 (ii) is used to transport school children to or from school or school activities.
256 (b) "School bus" does not include a vehicle operated by a common carrier in
257 transportation of school children to or from school or school activities.
258 [(52)] (53) (a) "Semitrailer" means a vehicle with or without motive power:
259 (i) designed for carrying persons or property and for being drawn by a motor vehicle;
260 and
261 (ii) constructed so that some part of its weight and that of its load rests on or is carried
262 by another vehicle.
263 (b) "Semitrailer" does not include a pole trailer.
264 [(53)] (54) "Shoulder area" means:
265 (a) that area of the hard-surfaced highway separated from the roadway by a pavement
266 edge line as established in the current approved "Manual on Uniform Traffic Control Devices";
267 or
268 (b) that portion of the road contiguous to the roadway for accommodation of stopped
269 vehicles, for emergency use, and lateral support.
270 [(54)] (55) "Sidewalk" means that portion of a street between the curb lines, or the
271 lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
272 [(55)] (56) "Solid rubber tire" means a tire of rubber or other resilient material which
273 does not depend on compressed air for the support of the load.
274 [(56)] (57) "Stand" or "standing" means the temporary halting of a vehicle, whether
275 occupied or not, for the purpose of and while actually engaged in receiving or discharging

276 passengers.
277 [(57)] (58) "Stop" when required means complete cessation from movement.
278 [(58)] (59) "Stop" or "stopping" when prohibited means any halting even momentarily
279 of a vehicle, whether occupied or not, except when:
280 (a) necessary to avoid conflict with other traffic; or
281 (b) in compliance with the directions of a peace officer or traffic-control device.
282 [(59)] (60) "Traffic" means pedestrians, ridden or herded animals, vehicles, and other
283 conveyances either singly or together while using any highway for the purpose of travel.
284 [(60)] (61) "Traffic-control device" means a sign, signal, marking, or device not
285 inconsistent with this chapter placed or erected by a highway authority for the purpose of
286 regulating, warning, or guiding traffic.
287 [(61)] (62) "Traffic-control signal" means a device, whether manually, electrically, or
288 mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
289 [(62)] (63) "Traffic signal preemption device" means an instrument or mechanism
290 designed, intended, or used to interfere with the operation or cycle of a traffic-control signal.
291 [(63)] (64) (a) "Trailer" means a vehicle with or without motive power designed for
292 carrying persons or property and for being drawn by a motor vehicle and constructed so that no
293 part of its weight rests upon the towing vehicle.
294 (b) "Trailer" does not include a pole trailer.
295 [(64)] (65) "Truck" means a motor vehicle designed, used, or maintained primarily for
296 the transportation of property.
297 [(65)] (66) "Truck tractor" means a motor vehicle:
298 (a) designed and used primarily for drawing other vehicles; and
299 (b) constructed to carry a part of the weight of the vehicle and load drawn by the truck
300 tractor.
301 [(66)] (67) "Two-way left turn lane" means a lane:
302 (a) provided for vehicle operators making left turns in either direction;
303 (b) that is not used for passing, overtaking, or through travel; and
304 (c) that has been indicated by a lane traffic-control device which may include lane
305 markings.
306 [(67)] (68) "Urban district" means the territory contiguous to and including any street,

307 in which structures devoted to business, industry, or dwelling houses are situated at intervals of
308 less than 100 feet, for a distance of a quarter of a mile or more.
309 [(68)] (69) "Vehicle" means a device in, on, or by which a person or property is or may
310 be transported or drawn on a highway, except devices used exclusively on stationary rails or
311 tracks.
312 Section 2. Section 41-6a-1509 is enacted to read:
313 41-6a-1509. Golf cart allowed on certain streets -- Restrictions -- Penalties.
314 (1) (a) (i) In accordance with this section, a municipality or county may, by ordinance,
315 allow a golf cart to be operated on specified highways under its jurisdiction.
316 (ii) An ordinance under Subsection (1)(a)(i) may require that the owner of a golf cart:
317 (A) pay a fee and be issued a permit for the golf cart with the municipality or county;
318 and
319 (B) display a sticker or other indicia that identifies a permitted golf cart.
320 (b) Except to cross a highway at an intersection, a golf cart may not be operated on a
321 highway with a posted speed limit of more than 25 miles per hour.
322 (c) (i) A person may not operate a golf cart on a highway without displaying on the rear
323 of the golf cart a slow-moving vehicle identification emblem that complies with the Society of
324 243 Automotive Engineers standard SAE J943.
325 (ii) This Subsection (1)(c) is an exception to the provisions of Subsection
326 41-6a-1608 (6)(c).
327 (d) In addition to the restrictions under this section, a municipality or county may
328 provide additional restrictions, if the county or municipality determines the restriction will
329 enhance public safety.
330 (2) Except as otherwise provided in this section, if operated on any specified highway
331 under Subsection (1), for purposes of the Utah Code, a golf cart is considered a:
332 (a) motor vehicle for traffic rules under Title 41, Chapter 6a, Traffic Code;
333 (b) motor vehicle for driver licensing under Title 53, Chapter 3, Uniform Driver
334 License Act;
335 (c) motor vehicle for motor vehicle insurance under Title 41, Chapter 12a, Financial
336 Responsibility of Motor Vehicle Owners and Operators Act, except that equivalent coverage
337 may be provided under a property insurance policy of the owner or operator of the golf cart in

338 lieu of a motor vehicle insurance policy;
339 (d) motor vehicle for fuel taxation under Title 59, Chapter 13, Motor and Special Fuel
340 Tax Act, except that if a golf cart that is powered by a clean special fuel as defined under
341 Section 59-13-102 , the owner shall pay only 25% of the cost of a clean special fuel tax
342 certificate under Section 59-13-304 as applicable; and
343 (e) motor vehicle for safety belt requirements under Title 41, Chapter 6a, Part 18,
344 Motor Vehicle Safety Belt Usage Act, if equipped with a safety belt system by the original
345 manufacturer.
346 (3) (a) If operated on any specified highway under Subsection (1), a golf cart shall be
347 equipped with:
348 (i) head lamps, tail lamps, and turn signal lamps;
349 (ii) stop lamps;
350 (iii) reflex reflectors, one on the rear of the vehicle and one on the left and right side
351 and as far to the rear of the vehicle as practical;
352 (iv) a parking brake;
353 (v) a braking system in compliance with the provisions of Section 41-6a-1623 ; and
354 (vi) a serial number for permitting purposes under Subsection (1)(a).
355 (b) The provisions of Subsection (3)(a)(i) do not apply if the golf cart is not operated
356 during hours of darkness as specified under Section 41-6a-1603 .
357 (c) A golf cart that complies with Subsections (2) and (3) and that is not altered from
358 the manufacturer is considered to comply with equipment requirements in Title 41, Chapter 6a,
359 Part 16, Vehicle Equipment.
360 (4) A person may not operate a golf cart on any specified highway under Subsection (1)
361 if the golf cart has been structurally altered from the original manufacturer's design.
362 (5) A golf cart is exempt from:
363 (a) vehicle registration, license plates, titling, and registration fees under Title 41,
364 Chapter 1a, Motor Vehicle Act;
365 (b) motor vehicle emissions inspection and maintenance program requirements under
366 Section 41-6a-1642 ;
367 (c) motor vehicle safety inspection requirements under Section 53-8-205 ;
368 (d) vehicle identification numbers under Title 41, Chapter 1a, Part 8, Identification

369 Numbers; and
370 (e) odometer requirements under Title 41, Chapter 1a, Part 9, Odometers.
371 (6) The provisions of this section do not apply to a golf cart that is not used on a
372 highway except to cross a highway in connection with a game of golf or to follow a golf cart
373 path.
374 (7) (a) A person who violates Subsection (1), (3), or (4) is guilty of a class C
375 misdemeanor.
376 (b) A person who violates Subsection (2) is subject to the same penalties provided
377 under law for violating the provisions of the parts identified under Subsection (2).




Legislative Review Note
as of 2-9-05 6:08 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel