Megan Navarro
HAYS COUNTY — The Buda and Kyle police departments are working to educate the public on the correct usage of off-highway vehicles (OHVs) within their respective cities.
Over the past few months, BPD has received complaints from different residents throughout the city, especially in neighborhoods, about what’s allowed or prohibited as far as the usage of OHVs, including golf carts, electric scooters, electric bicycles, pocket bikes and minimotor bikes, especially for young kids.
“We wanted to educate the public on what's allowed and what's not allowed, where things are allowed and not allowed and just to make sure that everybody stays safe, especially as we approach the summertime, as kids are getting out of school and maybe have a little more freedom and a little less supervision,” said Matt Schima, BPD public information officer. “We just want to keep everybody safe and informed throughout the summer.”
While KPD has not seen an increase of OHVs in its community, the agency shared that it still wants to ensure that everyone is aware of the rules and risks involved with using them.
Both cities enforce state law and local ordinances as they pertain to the use of OHVs.
Golf carts
Golf carts are motor vehicles designed by the manufacturer primarily for usage on a golf course. However, the following requirements are also in effect when operating them:
• Passengers must be at least 3 years old
• Golf carts must have side reflectors, rearview mirrors, parking brake, headlamps, taillamps, mirrors and slow-moving-vehicle emblem
• Operators should have a valid driver’s license, insurance, golf cart license plate. Full registration is not required. Parents and guardians may be cited for allowing unlicensed drivers to operate a golf cart.
• They must not exceed seating capacity
• At nighttime, specifically, they must have turn signals, brake lights and horn
“We’ve had a few complaints about young kids driving them with six to 10 kids on it. Well, it’s only made for four or five, so that’s part of the city ordinance. It can only be for the number of seats; they can’t have people standing on the back, things like that,” Schima said.
The permitted use and locations for golf carts fall under state law. They can be operated in the following:
• A master planned community — such as Plum Creek in Kyle — that is a residential subdivision or has a uniform set of restrictive covenants and a county/municipality has approved one or more plats
• A highway where the posted speed limit is no more than 35 mph if it is operated during the daytime and no more than five miles from where it is usually parked and for transportation to or from a golf course
A provision in the Texas Transportation Code also allows for a person to operate a golf cart in a master planned community without a golf cart license plate on a highway where the posted speed limit is no more than 35 mph.
As stated in the city of Kyle’s code of ordinances, they are also permitted in parking areas, which are accessible to the public by motor vehicle traffic designated for temporary parking and trailways or city-owned and maintained recreational pathways.
Golf carts are allowed on streets in Buda where the posted speed limit is 35 mph or less and is not part of a state highway system, as well as parking areas. They are prohibited on sidewalks, city parks and trails, city drainage areas and roadways that exceed a 35 mph speed limit, according to BPD.
Electric scooters, bikes and more
According to the Transportation Code, there are various types of electric bicycles or e-bikes: Class 1 is equipped with a motor that assists the rider only when they are pedaling and has a top assisted speed of 20 mph; Class 2 can be propelled without the rider pedaling and has a top assisted speed of 20 mph; and Class 3 assists the rider only when pedaling, has a top assisted speed of 20-28 mph, has a 15-years-old minimum age requirement and has a speedometer.
E-bikes can also be classified as those equipped with operable pedals or an electric motor fewer than 750 watts.
Electric scooters, as defined by the Transportation Code, are self-propelled devices with at least two wheels in contact with the ground during operation, as well as the following: a braking system capable of stopping, a gas or electric motor not exceeding 40 cubic centimeters, a deck designed to sit or stand and the ability to be propelled by human power alone.
A driver’s license, state registration and insurance are required, if these have greater than 750 watts or 50 cubic centimeters, to operate on a roadway.
The Transportation Code also defines pocket bikes or minimotor bikes as a self-propelled vehicle that is equipped with an electric motor or less than 50 cubic centimeter equivalent engine designed to propel itself with not more than two wheels, has a seat or saddle for the operator and is not designed for use on a highway. These do not include a moped, motorcycle, e-bike or motorized mobility device.
It is prohibited for bicycles, skateboards, roller skates or any other modes of transportation — motorized or nonmotorized — to be operated in any city of Kyle park on any surface other than a vehicular road or path designed for that purpose, states the city code of ordinances.
Similarly, e-bikes, electric scooters, pocket bikes and minimotor bikes are not permitted in city of Buda parks, drainage areas and trails. Scooters are also not allowed on roadways that exceed 35 mph.
“What we're seeing, and really across the county and across the state, is that a lot of young kids who don't have a driver's license, don't know the rules of the road, they're driving these e-motor bikes that can go really fast and they're not obeying stop signs or any kind of laws of the road and so, that makes it really dangerous for them, as well as the other drivers and even people that are walking on the sidewalks,” Schima said.
“They're also using those on the park trails and things like that, which can be dangerous when they're turning around those curves pretty sharp and there's people that are walking in the neighborhood on the park trails, so they're only allowed on private property,” he added.
It should also be noted that golf carts, scooters, e-bike and bike riders are supposed to ride on the road and heed all traffic laws, as stated in the Transportation Code.
Ultimately, Schima shared that the last thing BPD wants to do is take away the fun from the kids in the community, but they want to keep everybody safe this summer and continue to make sure that Buda is one of the safest cities in Texas.
“It's not fun for our officers to knock on the front door of the parents' house and say, ‘Hey, we took your child to the hospital,’ or ‘Unfortunately, your child is not coming home tonight.’ Those are the things that we have to look for when we're trying to look out for the safety of our residents and visitors,” Schima said. “Yes, we understand there are a lot of fun tools and a lot of things to play with during the summer, but our job is to keep everybody safe. So, the state legislature and the city council make rules and laws and ordinances in the best interest of our communities in order to keep them safe. Our job in law enforcement is to enforce those laws, again, to keep everybody safe.”
KPD echoed: “While OHVs may offer a convenient way to get around, there are safety and legal concerns that should be taken into consideration before driving them. We are committed to keeping our community safe and will continue to work with our residents to educate OHV drivers and enforce OHV laws and ordinances. Our goal is to keep Kyle roads safe for all to enjoy.”
To encourage riders to follow safety rules this summer, BPD and Buda Soda Fountain are teaming up to pass out Bike Safety Champions certificates beginning this month for those who are being safe on their bikes. Certificate holders will be able to cash them in for a free scoop of ice cream.
To report any complaints or concerns related to OHVs, call the non-emergency BPD phone number at 512-393-7896 or visit www.budatx.gov/111/Police. KPD can be reached at 512-268-3232.
Find more information at the helpful links below.
• City of Kyle code of ordinances: www.ecode360.com/KY6871
• City of Buda code of ordinances: www.ecode360.com/BU6262
• Texas Transportation Code: www.statutes.capitol.texas.gov/?link=TN
