Kentucky Statutes 189.286 – Local government may permit operation of golf cart on public roadway — Ordinance — Qualifications for operation — Exemption from title, registration, and emissions compliance requirements — Preemption by Transportation…
Current as of: 2024 | Check for updates
|
Other versions
(1) As used in this section:
(a) “Golf cart” means any self-propelled vehicle that:
1. Is designed for the transportation of players or maintaining equipment on a golf course, while engaged in the playing of golf, supervising the play of golf, or maintaining the condition of the grounds on a golf course;
2. Has a minimum of four (4) wheels;
3. Is designed to operate at a speed of not more than thirty-five (35) miles per hour;
4. Is designed to carry not more than six (6) persons, including the driver;
5. Has a maximum gross vehicle weight of two thousand five hundred
(2,500) pounds;
6. Has a maximum rated payload capacity of one thousand two hundred
(1,200) pounds; and
7. Is equipped with the following:
a. Headlamps; b. Tail lamps; c. Stop lamps;
d. Front and rear turn signals;
e. One (1) red reflex reflector on each side as far to the rear as practicable, and one (1) red reflex reflector on the rear;
f. An exterior mirror mounted on the driver’s side of the vehicle and either an exterior mirror mounted on the passenger’s side of the vehicle or an interior mirror;
g. A parking brake;
h. For each designated seating position, a seatbelt assembly that conforms to the federal motor vehicle safety standard provided in
49 C.F.R. § 571.209; and
i. A horn that meets the requirements of KRS § 189.080; and
(b) “Local government” means a city, county, charter county government, urban- county government, consolidated local government, unified local government, or special district.
(2) The governing body of a local government may authorize and regulate the operation of a golf cart on any public roadway under its jurisdiction if the local government adopts an ordinance specifying each roadway that is open for golf cart use.
(3) An ordinance created under subsection (2) of this section shall require that a golf cart operated on a designated public roadway:
(a) Be issued a permit for the golf cart by the local government;
(b) Display a sticker or permit that identifies that the golf cart is allowed to be operated on specific roadways within the local government; and
(c) Be inspected by a certified inspector designated by the county sheriff and certified through the Department of Vehicle Regulation to ensure that the golf cart complies with the requirements of this section. The inspection fee under this paragraph shall not exceed five dollars ($5) with an additional fee not to exceed ten dollars ($10) per trip charged if it becomes necessary for the certified inspector to travel to the site of the golf cart rather than having the golf cart brought to the sheriff’s inspection area.
(4) A person may operate a golf cart on a public roadway pursuant to subsection (2) of this section if:
(a) The posted speed limit of the designated public roadway is thirty-five (35)
miles per hour or less;
(b) The operator of the golf cart does not cross a roadway at an intersection where the roadway being crossed has a posted speed limit of more than thirty-five (35) miles per hour;
(c) The operator has a valid operator’s license in his or her possession; and
(d) The golf cart displays a slow-moving vehicle emblem in compliance with
KRS § 189.820.
(5) A golf cart operating on a public roadway under subsection (2) of this section shall be insured in compliance with KRS § 304.39-080 by the owner or operator, and the proof of insurance shall be inside the golf cart at all times of operation on a public roadway.
(6) Any person operating a golf cart on a public roadway under the provisions of this section shall be subject to the traffic regulations of KRS Chapter 189.
(7) A golf cart operating on a public roadway designated by a local government under subsection (2) of this section is not considered to be motor a vehicle and is exempt from:
(a) Title requirements of KRS § 186.020;
(b) Vehicle registration requirements of KRS § 186.050; and
(c) Emissions compliance certificates pursuant to KRS § 224.20-720.
(8) A local government may adopt more stringent local ordinances governing golf cart safety equipment and operation than specified in this section.
(9) The Transportation Cabinet may prohibit the operation of a golf cart on a public roadway designated under subsection (2) of this section that crosses a state- maintained highway under its jurisdiction if it determines that such prohibition is necessary in the interest of public safety.
(10) The provisions of this section shall not apply to a golf cart that is not used on a public roadway except to cross a roadway while following a golf cart path on a golf course.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 34, sec. 1, effective July 15, 2020. — Amended
2019 Ky. Acts ch. 13, sec. 1, effective June 27, 2019. — Amended 2010 Ky. Acts ch.
53, sec. 1, effective July 15, 2010. — Created 2008 Ky. Acts ch. 106, sec. 1, effective
July 15, 2008.
(a) “Golf cart” means any self-propelled vehicle that:
Terms Used In Kentucky Statutes 189.286
- City: includes town. See Kentucky Statutes 446.010
- Department: means the Department of Highways. See Kentucky Statutes 189.010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Intersection: means :
(a) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another, but do not necessarily continue, at approximately right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come into conflict. See Kentucky Statutes 189.010 - Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Motor vehicle: includes all vehicles, as defined in paragraph (a) of this subsection, except:
1. See Kentucky Statutes 189.010 - Operator: means the person in actual physical control of a vehicle. See Kentucky Statutes 189.010
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Roadway: means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. See Kentucky Statutes 189.010
- Vehicle: includes :
1. See Kentucky Statutes 189.010
1. Is designed for the transportation of players or maintaining equipment on a golf course, while engaged in the playing of golf, supervising the play of golf, or maintaining the condition of the grounds on a golf course;
2. Has a minimum of four (4) wheels;
3. Is designed to operate at a speed of not more than thirty-five (35) miles per hour;
4. Is designed to carry not more than six (6) persons, including the driver;
5. Has a maximum gross vehicle weight of two thousand five hundred
(2,500) pounds;
6. Has a maximum rated payload capacity of one thousand two hundred
(1,200) pounds; and
7. Is equipped with the following:
a. Headlamps; b. Tail lamps; c. Stop lamps;
d. Front and rear turn signals;
e. One (1) red reflex reflector on each side as far to the rear as practicable, and one (1) red reflex reflector on the rear;
f. An exterior mirror mounted on the driver’s side of the vehicle and either an exterior mirror mounted on the passenger’s side of the vehicle or an interior mirror;
g. A parking brake;
h. For each designated seating position, a seatbelt assembly that conforms to the federal motor vehicle safety standard provided in
49 C.F.R. § 571.209; and
i. A horn that meets the requirements of KRS § 189.080; and
(b) “Local government” means a city, county, charter county government, urban- county government, consolidated local government, unified local government, or special district.
(2) The governing body of a local government may authorize and regulate the operation of a golf cart on any public roadway under its jurisdiction if the local government adopts an ordinance specifying each roadway that is open for golf cart use.
(3) An ordinance created under subsection (2) of this section shall require that a golf cart operated on a designated public roadway:
(a) Be issued a permit for the golf cart by the local government;
(b) Display a sticker or permit that identifies that the golf cart is allowed to be operated on specific roadways within the local government; and
(c) Be inspected by a certified inspector designated by the county sheriff and certified through the Department of Vehicle Regulation to ensure that the golf cart complies with the requirements of this section. The inspection fee under this paragraph shall not exceed five dollars ($5) with an additional fee not to exceed ten dollars ($10) per trip charged if it becomes necessary for the certified inspector to travel to the site of the golf cart rather than having the golf cart brought to the sheriff’s inspection area.
(4) A person may operate a golf cart on a public roadway pursuant to subsection (2) of this section if:
(a) The posted speed limit of the designated public roadway is thirty-five (35)
miles per hour or less;
(b) The operator of the golf cart does not cross a roadway at an intersection where the roadway being crossed has a posted speed limit of more than thirty-five (35) miles per hour;
(c) The operator has a valid operator’s license in his or her possession; and
(d) The golf cart displays a slow-moving vehicle emblem in compliance with
KRS § 189.820.
(5) A golf cart operating on a public roadway under subsection (2) of this section shall be insured in compliance with KRS § 304.39-080 by the owner or operator, and the proof of insurance shall be inside the golf cart at all times of operation on a public roadway.
(6) Any person operating a golf cart on a public roadway under the provisions of this section shall be subject to the traffic regulations of KRS Chapter 189.
(7) A golf cart operating on a public roadway designated by a local government under subsection (2) of this section is not considered to be motor a vehicle and is exempt from:
(a) Title requirements of KRS § 186.020;
(b) Vehicle registration requirements of KRS § 186.050; and
(c) Emissions compliance certificates pursuant to KRS § 224.20-720.
(8) A local government may adopt more stringent local ordinances governing golf cart safety equipment and operation than specified in this section.
(9) The Transportation Cabinet may prohibit the operation of a golf cart on a public roadway designated under subsection (2) of this section that crosses a state- maintained highway under its jurisdiction if it determines that such prohibition is necessary in the interest of public safety.
(10) The provisions of this section shall not apply to a golf cart that is not used on a public roadway except to cross a roadway while following a golf cart path on a golf course.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 34, sec. 1, effective July 15, 2020. — Amended
2019 Ky. Acts ch. 13, sec. 1, effective June 27, 2019. — Amended 2010 Ky. Acts ch.
53, sec. 1, effective July 15, 2010. — Created 2008 Ky. Acts ch. 106, sec. 1, effective
July 15, 2008.