1     
MUNICIPAL REGULATION OF GOLF CARTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Marc K. Roberts

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill authorizes a municipality to allow a golf cart to operate on a highway under
10     certain circumstances.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines "golf cart";
14          ▸     authorizes a municipality to enact an ordinance to allow the operation of a golf cart
15     on a highway in specified circumstances;
16          ▸     exempts a golf cart from title, registration, and other requirements applicable to
17     other motor vehicles;
18          ▸     requires that a golf cart adhere to traffic laws similar to a bicycle; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          41-6a-102, as last amended by Laws of Utah 2019, Chapters 49, 391, 428, and 459
27          63I-1-241, as last amended by Laws of Utah 2019, Chapters 49, 55, and 246
28     ENACTS:
29          41-6a-1510, Utah Code Annotated 1953
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 41-6a-102 is amended to read:
33          41-6a-102. Definitions.
34          As used in this chapter:
35          (1) "Alley" means a street or highway intended to provide access to the rear or side of
36     lots or buildings in urban districts and not intended for through vehicular traffic.
37          (2) "All-terrain type I vehicle" means the same as that term is defined in Section
38     41-22-2.
39          (3) "Authorized emergency vehicle" includes:
40          (a) fire department vehicles;
41          (b) police vehicles;
42          (c) ambulances; and
43          (d) other publicly or privately owned vehicles as designated by the commissioner of the
44     Department of Public Safety.
45          (4) "Autocycle" means the same as that term is defined in Section 53-3-102.
46          (5) (a) "Bicycle" means a wheeled vehicle:
47          (i) propelled by human power by feet or hands acting upon pedals or cranks;
48          (ii) with a seat or saddle designed for the use of the operator;
49          (iii) designed to be operated on the ground; and
50          (iv) whose wheels are not less than 14 inches in diameter.
51          (b) "Bicycle" includes an electric assisted bicycle.
52          (c) "Bicycle" does not include scooters and similar devices.
53          (6) (a) "Bus" means a motor vehicle:
54          (i) designed for carrying more than 15 passengers and used for the transportation of
55     persons; or
56          (ii) designed and used for the transportation of persons for compensation.
57          (b) "Bus" does not include a taxicab.
58          (7) (a) "Circular intersection" means an intersection that has an island, generally
59     circular in design, located in the center of the intersection where traffic passes to the right of
60     the island.
61          (b) "Circular intersection" includes:
62          (i) roundabouts;
63          (ii) rotaries; and
64          (iii) traffic circles.
65          (8) "Class 1 electric assisted bicycle" means an electric assisted bicycle described in
66     Subsection (17)(d)(i).
67          (9) "Class 2 electric assisted bicycle" means an electric assisted bicycle described in
68     Subsection (17)(d)(ii).
69          (10) "Class 3 electric assisted bicycle" means an electric assisted bicycle described in
70     Subsection (17)(d)(iii).
71          (11) "Commissioner" means the commissioner of the Department of Public Safety.
72          (12) "Controlled-access highway" means a highway, street, or roadway:
73          (a) designed primarily for through traffic; and
74          (b) to or from which owners or occupants of abutting lands and other persons have no
75     legal right of access, except at points as determined by the highway authority having
76     jurisdiction over the highway, street, or roadway.
77          (13) "Crosswalk" means:
78          (a) that part of a roadway at an intersection included within the connections of the
79     lateral lines of the sidewalks on opposite sides of the highway measured from:
80          (i) (A) the curbs; or
81          (B) in the absence of curbs, from the edges of the traversable roadway; and
82          (ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway
83     included within the extension of the lateral lines of the existing sidewalk at right angles to the
84     centerline; or
85          (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
86     pedestrian crossing by lines or other markings on the surface.
87          (14) "Department" means the Department of Public Safety.
88          (15) "Direct supervision" means oversight at a distance within which:
89          (a) visual contact is maintained; and
90          (b) advice and assistance can be given and received.
91          (16) "Divided highway" means a highway divided into two or more roadways by:
92          (a) an unpaved intervening space;
93          (b) a physical barrier; or
94          (c) a clearly indicated dividing section constructed to impede vehicular traffic.
95          (17) "Electric assisted bicycle" means a bicycle with an electric motor that:
96          (a) has a power output of not more than 750 watts;
97          (b) has fully operable pedals on permanently affixed cranks;
98          (c) is fully operable as a bicycle without the use of the electric motor; and
99          (d) is one of the following:
100          (i) an electric assisted bicycle equipped with a motor or electronics that:
101          (A) provides assistance only when the rider is pedaling; and
102          (B) ceases to provide assistance when the bicycle reaches the speed of 20 miles per
103     hour;
104          (ii) an electric assisted bicycle equipped with a motor or electronics that:
105          (A) may be used exclusively to propel the bicycle; and
106          (B) is not capable of providing assistance when the bicycle reaches the speed of 20
107     miles per hour; or
108          (iii) an electric assisted bicycle equipped with a motor or electronics that:
109          (A) provides assistance only when the rider is pedaling;
110          (B) ceases to provide assistance when the bicycle reaches the speed of 28 miles per
111     hour; and
112          (C) is equipped with a speedometer.
113          (18) (a) "Electric personal assistive mobility device" means a self-balancing device
114     with:
115          (i) two nontandem wheels in contact with the ground;
116          (ii) a system capable of steering and stopping the unit under typical operating
117     conditions;
118          (iii) an electric propulsion system with average power of one horsepower or 750 watts;
119          (iv) a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and
120          (v) a deck design for a person to stand while operating the device.
121          (b) "Electric personal assistive mobility device" does not include a wheelchair.
122          (19) "Explosives" means a chemical compound or mechanical mixture commonly used
123     or intended for the purpose of producing an explosion and that contains any oxidizing and
124     combustive units or other ingredients in proportions, quantities, or packing so that an ignition
125     by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture
126     may cause a sudden generation of highly heated gases, and the resultant gaseous pressures are
127     capable of producing destructive effects on contiguous objects or of causing death or serious
128     bodily injury.
129          (20) "Farm tractor" means a motor vehicle designed and used primarily as a farm
130     implement, for drawing plows, mowing machines, and other implements of husbandry.
131          (21) "Flammable liquid" means a liquid that has a flashpoint of 100 degrees F. or less,
132     as determined by a tagliabue or equivalent closed-cup test device.
133          (22) "Freeway" means a controlled-access highway that is part of the interstate system
134     as defined in Section 72-1-102.
135          (23) (a) "Golf cart" means a device that:
136          (i) is designed for transportation by players on a golf course;
137          (ii) has not less than three wheels in contact with the ground;
138          (iii) has an unladen weight of less than 1,800 pounds;
139          (iv) is designed to operate at low speeds; and
140          (v) is designed to carry not more than six persons including the driver.
141          (b) "Golf cart" does not include:
142          (i) a low-speed vehicle or an off-highway vehicle;
143          (ii) a motorized wheelchair;
144          (iii) an electric personal assistive mobility device;
145          (iv) an electric assisted bicycle;
146          (v) a motor assisted scooter;
147          (vi) a personal delivery device, as defined in Section 41-6a-1119; or
148          (vii) a mobile carrier, as defined in Section 41-6a-1120.
149          [(23)] (24) "Gore area" means the area delineated by two solid white lines that is
150     between a continuing lane of a through roadway and a lane used to enter or exit the continuing
151     lane including similar areas between merging or splitting highways.
152          [(24)] (25) "Gross weight" means the weight of a vehicle without a load plus the
153     weight of any load on the vehicle.
154          [(25)] (26) "Highway" means the entire width between property lines of every way or
155     place of any nature when any part of it is open to the use of the public as a matter of right for
156     vehicular travel.
157          [(26)] (27) "Highway authority" means the same as that term is defined in Section
158     72-1-102.
159          [(27)] (28) (a) "Intersection" means the area embraced within the prolongation or
160     connection of the lateral curblines, or, if none, then the lateral boundary lines of the roadways
161     of two or more highways that join one another.
162          (b) Where a highway includes two roadways 30 feet or more apart:
163          (i) every crossing of each roadway of the divided highway by an intersecting highway
164     is a separate intersection; and
165          (ii) if the intersecting highway also includes two roadways 30 feet or more apart, then
166     every crossing of two roadways of the highways is a separate intersection.
167          (c) "Intersection" does not include the junction of an alley with a street or highway.
168          [(28)] (29) "Island" means an area between traffic lanes or at an intersection for control
169     of vehicle movements or for pedestrian refuge designated by:
170          (a) pavement markings, which may include an area designated by two solid yellow
171     lines surrounding the perimeter of the area;
172          (b) channelizing devices;
173          (c) curbs;
174          (d) pavement edges; or
175          (e) other devices.
176          [(29)] (30) "Lane filtering" means, when operating a motorcycle other than an
177     autocycle, the act of overtaking and passing another vehicle that is stopped in the same
178     direction of travel in the same lane.
179          [(30)] (31) "Law enforcement agency" means the same as that term is as defined in
180     Section 53-1-102.
181          [(31)] (32) "Limited access highway" means a highway:
182          (a) that is designated specifically for through traffic; and
183          (b) over, from, or to which neither owners nor occupants of abutting lands nor other
184     persons have any right or easement, or have only a limited right or easement of access, light,
185     air, or view.
186          [(32)] (33) "Local highway authority" means the legislative, executive, or governing
187     body of a county, municipal, or other local board or body having authority to enact laws
188     relating to traffic under the constitution and laws of the state.
189          [(33)] (34) (a) "Low-speed vehicle" means a four wheeled electric motor vehicle that:
190          (i) is designed to be operated at speeds of not more than 25 miles per hour; and
191          (ii) has a capacity of not more than six passengers, including a conventional driver or
192     fallback-ready user if on board the vehicle, as those terms are defined in Section 41-26-102.1.
193          (b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
194          [(34)] (35) "Metal tire" means a tire, the surface of which in contact with the highway
195     is wholly or partly of metal or other hard nonresilient material.
196          [(35)] (36) (a) "Mini-motorcycle" means a motorcycle or motor-driven cycle that has a
197     seat or saddle that is less than 24 inches from the ground as measured on a level surface with
198     properly inflated tires.
199          (b) "Mini-motorcycle" does not include a moped or a motor assisted scooter.
200          (c) "Mini-motorcycle" does not include a motorcycle that is:
201          (i) designed for off-highway use; and
202          (ii) registered as an off-highway vehicle under Section 41-22-3.
203          [(36)] (37) "Mobile home" means:
204          (a) a trailer or semitrailer that is:
205          (i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping
206     place either permanently or temporarily; and
207          (ii) equipped for use as a conveyance on streets and highways; or
208          (b) a trailer or a semitrailer whose chassis and exterior shell is designed and
209     constructed for use as a mobile home, as defined in Subsection [(36)(a)] (37)(a), but that is
210     instead used permanently or temporarily for:
211          (i) the advertising, sale, display, or promotion of merchandise or services; or
212          (ii) any other commercial purpose except the transportation of property for hire or the
213     transportation of property for distribution by a private carrier.
214          [(37)] (38) (a) "Moped" means a motor-driven cycle having:
215          (i) pedals to permit propulsion by human power; and
216          (ii) a motor that:
217          (A) produces not more than two brake horsepower; and
218          (B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on
219     level ground.
220          (b) If an internal combustion engine is used, the displacement may not exceed 50 cubic
221     centimeters and the moped shall have a power drive system that functions directly or
222     automatically without clutching or shifting by the operator after the drive system is engaged.
223          (c) "Moped" does not include:
224          (i) an electric assisted bicycle; or
225          (ii) a motor assisted scooter.
226          [(38)] (39) (a) "Motor assisted scooter" means a self-propelled device with:
227          (i) at least two wheels in contact with the ground;
228          (ii) a braking system capable of stopping the unit under typical operating conditions;
229          (iii) an electric motor not exceeding 2,000 watts;
230          (iv) either:
231          (A) handlebars and a deck design for a person to stand while operating the device; or
232          (B) handlebars and a seat designed for a person to sit, straddle, or stand while operating
233     the device; [and]
234          (v) a design for the ability to be propelled by human power alone; and
235          (vi) a maximum speed of 20 miles per hour on a paved level surface.
236          (b) "Motor assisted scooter" does not include:
237          (i) an electric assisted bicycle; or
238          (ii) a motor-driven cycle.
239          [(39)] (40) (a) "Motor vehicle" means a vehicle that is self-propelled and a vehicle that
240     is propelled by electric power obtained from overhead trolley wires, but not operated upon
241     rails.
242          (b) "Motor vehicle" does not include:
243          (i) vehicles moved solely by human power;
244          (ii) motorized wheelchairs;
245          (iii) an electric personal assistive mobility device;
246          (iv) an electric assisted bicycle;
247          (v) a motor assisted scooter;
248          (vi) a personal delivery device, as defined in Section 41-6a-1119; or
249          (vii) a mobile carrier, as defined in Section 41-6a-1120.
250          [(40)] (41) "Motorcycle" means:
251          (a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider
252     and designed to travel with not more than three wheels in contact with the ground; or
253          (b) an autocycle.
254          [(41)] (42) (a) "Motor-driven cycle" means a motorcycle, moped, and a motorized
255     bicycle having:
256          (i) an engine with less than 150 cubic centimeters displacement; or
257          (ii) a motor that produces not more than five horsepower.
258          (b) "Motor-driven cycle" does not include:
259          (i) an electric personal assistive mobility device;
260          (ii) a motor assisted scooter; or
261          (iii) an electric assisted bicycle.
262          [(42)] (43) "Off-highway implement of husbandry" means the same as that term is
263     defined under Section 41-22-2.
264          [(43)] (44) "Off-highway vehicle" means the same as that term is defined under Section
265     41-22-2.
266          [(44)] (45) "Operate" means the same as that term is defined in Section 41-1a-102.
267          [(45)] (46) "Operator" means:
268          (a) a human driver, as defined in Section 41-26-102.1, that operates a vehicle; or
269          (b) an automated driving system, as defined in Section 41-26-102.1, that operates a
270     vehicle.
271          [(46)] (47) (a) "Park" or "parking" means the standing of a vehicle, whether the vehicle
272     is occupied or not.
273          (b) "Park" or "parking" does not include:
274          (i) the standing of a vehicle temporarily for the purpose of and while actually engaged
275     in loading or unloading property or passengers; or
276          (ii) a motor vehicle with an engaged automated driving system that has achieved a
277     minimal risk condition, as those terms are defined in Section 41-26-102.1.
278          [(47)] (48) "Peace officer" means a peace officer authorized under Title 53, Chapter 13,
279     Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of
280     traffic laws.
281          [(48)] (49) "Pedestrian" means a person traveling:
282          (a) on foot; or
283          (b) in a wheelchair.
284          [(49)] (50) "Pedestrian traffic-control signal" means a traffic-control signal used to
285     regulate pedestrians.
286          [(50)] (51) "Person" means a natural person, firm, copartnership, association,
287     corporation, business trust, estate, trust, partnership, limited liability company, association,
288     joint venture, governmental agency, public corporation, or any other legal or commercial entity.
289          [(51)] (52) "Pole trailer" means a vehicle without motive power:
290          (a) designed to be drawn by another vehicle and attached to the towing vehicle by
291     means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and
292          (b) that is ordinarily used for transporting long or irregular shaped loads including
293     poles, pipes, or structural members generally capable of sustaining themselves as beams
294     between the supporting connections.
295          [(52)] (53) "Private road or driveway" means every way or place in private ownership
296     and used for vehicular travel by the owner and those having express or implied permission
297     from the owner, but not by other persons.
298          [(53)] (54) "Railroad" means a carrier of persons or property upon cars operated on
299     stationary rails.
300          [(54)] (55) "Railroad sign or signal" means a sign, signal, or device erected by
301     authority of a public body or official or by a railroad and intended to give notice of the presence
302     of railroad tracks or the approach of a railroad train.
303          [(55)] (56) "Railroad train" means a locomotive propelled by any form of energy,
304     coupled with or operated without cars, and operated upon rails.
305          [(56)] (57) "Right-of-way" means the right of one vehicle or pedestrian to proceed in a
306     lawful manner in preference to another vehicle or pedestrian approaching under circumstances
307     of direction, speed, and proximity that give rise to danger of collision unless one grants
308     precedence to the other.
309          [(57)] (58) (a) "Roadway" means that portion of highway improved, designed, or
310     ordinarily used for vehicular travel.
311          (b) "Roadway" does not include the sidewalk, berm, or shoulder, even though any of
312     them are used by persons riding bicycles or other human-powered vehicles.
313          (c) "Roadway" refers to any roadway separately but not to all roadways collectively, if
314     a highway includes two or more separate roadways.
315          [(58)] (59) "Safety zone" means the area or space officially set apart within a roadway
316     for the exclusive use of pedestrians and that is protected, marked, or indicated by adequate
317     signs as to be plainly visible at all times while set apart as a safety zone.
318          [(59)] (60) (a) "School bus" means a motor vehicle that:
319          (i) complies with the color and identification requirements of the most recent edition of
320     "Minimum Standards for School Buses"; and
321          (ii) is used to transport school children to or from school or school activities.
322          (b) "School bus" does not include a vehicle operated by a common carrier in
323     transportation of school children to or from school or school activities.
324          [(60)] (61) (a) "Semitrailer" means a vehicle with or without motive power:
325          (i) designed for carrying persons or property and for being drawn by a motor vehicle;
326     and
327          (ii) constructed so that some part of its weight and that of its load rests on or is carried
328     by another vehicle.
329          (b) "Semitrailer" does not include a pole trailer.
330          [(61)] (62) "Shoulder area" means:
331          (a) that area of the hard-surfaced highway separated from the roadway by a pavement
332     edge line as established in the current approved "Manual on Uniform Traffic Control Devices";
333     or
334          (b) that portion of the road contiguous to the roadway for accommodation of stopped
335     vehicles, for emergency use, and for lateral support.
336          [(62)] (63) "Sidewalk" means that portion of a street between the curb lines, or the
337     lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
338          [(63)] (64) "Solid rubber tire" means a tire of rubber or other resilient material that
339     does not depend on compressed air for the support of the load.
340          [(64)] (65) "Stand" or "standing" means the temporary halting of a vehicle, whether
341     occupied or not, for the purpose of and while actually engaged in receiving or discharging
342     passengers.
343          [(65)] (66) "Stop" when required means complete cessation from movement.
344          [(66)] (67) "Stop" or "stopping" when prohibited means any halting even momentarily
345     of a vehicle, whether occupied or not, except when:
346          (a) necessary to avoid conflict with other traffic; or
347          (b) in compliance with the directions of a peace officer or traffic-control device.
348          [(67)] (68) "Street-legal all-terrain vehicle" or "street-legal ATV" means an all-terrain
349     type I vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that is modified to meet
350     the requirements of Section 41-6a-1509 to operate on highways in the state in accordance with
351     Section 41-6a-1509.
352          [(68)] (69) "Traffic" means pedestrians, ridden or herded animals, vehicles, and other
353     conveyances either singly or together while using any highway for the purpose of travel.
354          [(69)] (70) "Traffic signal preemption device" means an instrument or mechanism
355     designed, intended, or used to interfere with the operation or cycle of a traffic-control signal.
356          [(70)] (71) "Traffic-control device" means a sign, signal, marking, or device not
357     inconsistent with this chapter placed or erected by a highway authority for the purpose of
358     regulating, warning, or guiding traffic.
359          [(71)] (72) "Traffic-control signal" means a device, whether manually, electrically, or
360     mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
361          [(72)] (73) (a) "Trailer" means a vehicle with or without motive power designed for
362     carrying persons or property and for being drawn by a motor vehicle and constructed so that no
363     part of its weight rests upon the towing vehicle.
364          (b) "Trailer" does not include a pole trailer.
365          [(73)] (74) "Truck" means a motor vehicle designed, used, or maintained primarily for
366     the transportation of property.
367          [(74)] (75) "Truck tractor" means a motor vehicle:
368          (a) designed and used primarily for drawing other vehicles; and
369          (b) constructed to carry a part of the weight of the vehicle and load drawn by the truck
370     tractor.
371          [(75)] (76) "Two-way left turn lane" means a lane:
372          (a) provided for vehicle operators making left turns in either direction;
373          (b) that is not used for passing, overtaking, or through travel; and
374          (c) that has been indicated by a lane traffic-control device that may include lane
375     markings.
376          [(76)] (77) "Urban district" means the territory contiguous to and including any street,
377     in which structures devoted to business, industry, or dwelling houses are situated at intervals of
378     less than 100 feet, for a distance of a quarter of a mile or more.
379          [(77)] (78) "Vehicle" means a device in, on, or by which a person or property is or may
380     be transported or drawn on a highway, except a mobile carrier, as defined in Section
381     41-6a-1120, or a device used exclusively on stationary rails or tracks.
382          Section 2. Section 41-6a-1510 is enacted to read:
383          41-6a-1510. Golf carts -- Operation on highways -- Registration, licensing
384     requirements, titling, and taxes.
385          (1) (a) In accordance with this section and Section 10-8-30, a municipality may, by
386     ordinance, allow a person to operate a golf cart on specified highways under the jurisdiction of
387     the municipality.
388          (b) A person may not operate a golf cart on a highway unless authorized by the
389     municipality in which the highway is located.
390          (c) If a municipality allows the operation of a golf cart on a highway in the
391     municipality's jurisdiction, the municipality shall provide sufficient parameters regarding the
392     operation of a golf cart on a highway to ensure public safety, including specifying:
393          (i) on which highways a person may operate a golf cart;
394          (ii) who may operate a golf cart on a highway; and
395          (iii) hours during which a golf cart may operate on a highway.
396          (2) (a) Except as provided under Subsection (2)(b), and subject to Subsection (4), a
397     person operating a golf cart has all the rights and is subject to the provisions of this chapter
398     applicable to the operator of any other vehicle.
399          (b) A person operating a golf cart is not subject to the penalties related to operator
400     licenses under alcohol and drug-related traffic offenses.
401          (3) A golf cart is exempt from the requirements of:
402          (a) titling, odometer statement, vehicle identification, license plates, and registration
403     under Title 41, Chapter 1a, Motor Vehicle Act;
404          (b) the county motor vehicle emissions inspection and maintenance programs under
405     Section 41-6a-1642;
406          (c) motor vehicle insurance under Title 41, Chapter 12a, Financial Responsibility of
407     Motor Vehicle Owners and Operators Act;
408          (d) driver licensing under Title 53, Chapter 3, Uniform Driver License Act; and
409          (e) the uniform statewide fee described in Section 59-2-405.2.
410          (4) A golf cart shall comply with the same requirements as a bicycle for traffic rules
411     under Title 41, Chapter 6a, Traffic Code.
412          Section 3. Section 63I-1-241 is amended to read:
413          63I-1-241. Repeal dates, Title 41.
414          (1) Subsection 41-1a-1201(9), related to the Spinal Cord and Brain Injury
415     Rehabilitation Fund, is repealed January 1, 2023.
416          (2) The following subsections addressing lane filtering are repealed on July 1, 2022:
417          (a) Subsection 41-6a-102[(29)](30) that defines "lane filtering";
418          (b) Subsection 41-6a-704(5); and
419          (c) Subsection 41-6a-710(1)(c).
420          (3) Subsection 41-6a-1406(6)(b)(iii), related to the Spinal Cord and Brain Injury
421     Rehabilitation Fund, is repealed January 1, 2023.
422          (4) Subsection 41-22-8(3), related to the Spinal Cord and Brain Injury Rehabilitation
423     Fund, is repealed January 1, 2023.