Updated April 12 at 11:10 a.m. to correct the spelling of Richard MacKinnon
Golf carts may be viewed by some suburban families as an ideal way to quickly run errands, take children to school or make a social visit, but not every aspect of golf cart operation is regulated.
In the Lone Star State, golf carts don't have to be registered with the Texas Department of Transportation and are allowed to be driven in master-planned communities, on a beach, on a public highway located within 2 miles from one's home or to and from a golf course, per the Texas Transportation Code. Golf carts can't be driven on a public roadway with a posted speed limit of more than 35 mph or operated at a speed of more than 25 miles per hour. Furthermore, when driven on a public highway at 25 mph or less, a golf cart must have a slow-moving-vehicle emblem.
Throughout the years, Texas beach communities such as Port Aransas and Galveston have enacted ordinances requiring golf cart drivers to be licensed, carry insurance and be limited to one passenger per seat.
However, in Central Texas, the regulation of golf cart drivers on public and community highways seems to be a gray area for state and local governments. Law enforcement agencies are conflicted as to whether golf cart operators need a valid driver's license to travel on public streets or if a minimum driving age exists for these vehicles.
Senior officer Jermaine Kilgore of the Austin Police Department said that under the Texas Transportation Code, "It is not illegal for a 10-year-old to drive a golf cart on an arterial roadway. A golf cart is not considered a motor vehicle as defined in the Transportation Code. A Texas driver's license is not required to operate a golf cart."
On the other hand, the Texas Department of Public Safety views the Transportation Code differently.
"The Department of Public Safety's interpretation of the law, which is not binding on other law enforcement agencies, is that a driver's license is required to operate a golf cart on a publicly maintained roadway," said Tom Vinger, Texas Department of Public Safety media and communications press secretary.
Adam Shaivitz, public information officer for the Texas Department of Motor Vehicles, said that in a master-planned community, there are no state code restrictions on golf cart use except those determined by the community's regulations, possibly through a homeowners association. On public highways, golf carts are restricted to daytime hours. Shaivitz also said that the number of passengers on a golf cart is not limited, and seat belts are not required by code.
The only safety equipment required on golf carts by the state are headlights, taillights, reflectors, a parking brake and a rearview mirror.
Since the Texas Legislature is still in session ...
In 2012, the City of Austin enacted laws governing the use of golf carts as a ground transportation business for paying customers, requiring owners to obtain permits, install seat belts and remove any rear facing seats.
"The City has only weighed in on [golf carts] as a regulated vehicle for hire," said Richard MacKinnon, Chairman of the City of Austin Urban Transportation Commission. The commission advises the Austin City Council and city agencies on transportation-related issues. "We developed a specific category for golf cart commercial regulation because golf carts weren't provided for in any other category in the City Charter."
MacKinnon said that he's seen golf carts share the same lanes as buses on city streets around the convention center and The University of Texas, but his commission only involves regulating vehicles for hire.
"Because the transportation code is vague on this topic, municipalities are not going to enforce it against golf carts," MacKinnon said. "If you want the regulations better written on the topic of golf carts on public roads, the Legislature is the place to do it."