By Andy Sevilla.
Unless golf cart drivers have liability insurance, a driver’s license and a bevy of safety equipment for that vehicle, even the quickest of jaunts through Kyle streets could land drivers in hot water.
The Kyle City Council authorized in a split vote new rules to govern golf cart use on city streets. Officials said the new restrictions were necessary to address growing safety concerns.
Under the new rules, a golf cart driver will need to be licensed to operate a motor vehicle and carry a valid driver’s license. Drivers also will need to abide by all traffic regulations, stay off sidewalks, maintain liability insurance, not exceed seating capacity and not pull any object or person.
The ordinance stipulates golf cart registration through the Texas Department of Motor Vehicles (DMV) and the cart must display the provided license plate. The carts also will need to be permitted through the city’s police department prior to use on city streets.
Kyle Police Chief Jeff Barnett told council members that the new rules came after much citizen request for guidelines governing golf cart use.
He said calls about reckless golf cart driving have increased over the past few years, primarily, in Plum Creek. And as the community grows, so do calls for service.
Barnett said calls that really concerned his department surrounded allegations of young drivers operating golf carts erratically and without regard for traffic laws. He said he’s also received calls about potential drunk drivers, driving at night without proper lighting and golf carts pulling chairs, people and other items.
“We’re not trying to prohibit, limit, reduce or outlaw the use of golf carts. We just had citizens come forward and ask us to please look at some potential options,” he said.
Plum Creek resident and Kyle Council candidate for District 4 Laurie Luttrell advised council members during citizen comment that the new rules duplicate state law, over regulate and call for DMV requirements the state does not offer.
The city’s ordinance states that before golf carts can be used on city streets they must be registered by DMV. That state agency, however, does not presently issue licenses for golf carts, therefore users cannot meet that requirement in Kyle’s new rules.
City Attorney Ken Johnson told council members that per the Texas Legislature, DMV may issue licenses for golf carts, but at his last check the department was not doing so. He said the city could still create its own permitting process.
City Manager Lanny Lambert said the city would not enforce the state license mandate in the city ordinance until DMV begins issuing those permits.
“I certainly can understand the argument that this ordinance is a bit heavy-handed,” Kyle Mayor Lucy Johnson, who lives in Plum Creek, said. “But I’ve seen evidence of misuse of golf carts myself, in Plum Creek, and I acknowledge that it’s a problem. I think we need more than just what already exists in state law to be able to enforce this and stop people from misbehaving in golf carts.”
The council’s youth committee liaison, Plum Creek resident Nik Fisher, told council members he recalls middle school friends misusing golf carts.
“From the youthful perspective, while they may not agree that they would like to be legislated upon, I would say that it would be beneficial to the community to enact some form of regulations for the safety of the youth, as well as all citizens,” Fisher said.
The dissenting council members – Diane Hervol and Ray Bryant – pushed to table the matter and allow for additional public discussion.
Numerous residents from Plum Creek requested the Safety and Emergency Services Committee look at setting up rules to govern golf cart use. The advisory group discussed that issue at several meetings, according to Barnett, who sits on that board.
“It was clear to our committee that the citizens that spoke wanted some type of regulation for the pure purpose of safety,” Barnett said.