Report Title:

Golf Carts

Description:

Provides that golf carts shall not be driven at speeds over 15 mph or on a highway with speed limit of more than 20 mph; may be operated during certain hours, with exceptions, and only by licensed drivers or person sixteen years or older. Requires certain equipment. Applies only to an island with a population of less than 5,000 persons.

THE SENATE

S.B. NO.

689

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the statewide traffic code.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 286-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Golf cart" means a motor vehicle having not less than three wheels in contact with the ground, having an unladen weight less than 1,300 pounds, which is designed to be and is operated at not more than fifteen miles per hour and designed to carry golf equipment and not more than two persons, including the driver."

SECTION 2. Section 286-41, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Application for the registration of a vehicle shall be made upon the appropriate form furnished by the director of finance and shall contain the name, occupation, and address of the owner and legal owner; and, if the applicant is a member of the United States naval or military forces, the applicant shall give the organization and station. All applications shall also contain a description of the vehicle, including the name of the maker, the type of fuel for the use of which it is adapted (e.g., gasoline, diesel oil, liquefied petroleum gas), the serial or motor number, and the date first sold by the manufacturer or dealer, and such further description of the vehicle as is called for in the form, and such other information as may be required by the director of finance, to establish legal ownership. A person applying for initial registration of a neighborhood electric vehicle or a golf cart shall certify in writing that a notice of the operational restrictions applying to the vehicle as provided in section 291C-134 or section 291C-   , as applicable, are contained on a permanent notice attached to or painted on the vehicle in a location that is in clear view of the driver."

SECTION 3. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"291C-A Golf carts; speed; restrictions. (a) A golf cart shall not be operated at a speed of more than fifteen miles per hour.

(b) A golf cart shall not be driven on a highway that has a posted speed limit of more than twenty miles per hour. This subsection does not prohibit a golf cart from crossing a highway that has a posted speed limit of more than twenty miles per hour at an intersection.

(c) A golf cart shall have a notice of the operational restrictions applying to the vehicle permanently attached to or painted on the vehicle in a location that is in clear view of the driver.

(d) A golf cart shall be operated only during the hours between sunrise and sunset; provided that a golf cart may be operated during the hours between sunset and sunrise if the golf cart is equipped with:

(1) Headlights;

(2) Brake lights;

(3) Turn signals; and

(4) A windshield.

(e) A golf cart shall be equipped with:

(1) Efficient brakes;

(2) Reliable steering apparatus;

(3) Safe tires;

(4) A rearview mirror; and

(5) Red reflectorized warning devices in both the front and rear.

(f) A golf cart shall be operated only by a driver licensed to drive a motor vehicle or a driver sixteen years or older.

(g) This section shall apply only to an island with a population of less than five thousand persons."

SECTION 4. Section 291C-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Golf cart" means a motor vehicle having not less than three wheels in contact with the ground, having an unladen weight less than 1,300 pounds, which is designed to be and is operated at not more than fifteen miles per hour and designed to carry golf equipment and not more than two persons, including the driver."

SECTION 5. Section 291C-53, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The director of transportation by rules adopted in accordance with chapter 91, and the counties by ordinance, may regulate or prohibit the use of any controlled-access roadway or highway within their respective jurisdictions by any class or kind of traffic which is found to be incompatible with the normal and safe movement of traffic. Persons operating motorcycles which are otherwise permitted on a controlled-access roadway or highway shall be permitted to use any high occupancy vehicle lane designated on such roadway or highway. For the purposes of this subsection, "high occupancy vehicle lane" means a designated lane of a laned roadway where the use of such designated lane is restricted to vehicles carrying at least two persons and to other vehicles as provided by rules adopted in accordance with chapter 91, or by county ordinance. Notwithstanding any law to the contrary, no person shall operate a neighborhood electric vehicle or a golf cart on any controlled-access roadway or highway."

SECTION 6. Section 291C-130, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any vehicle, or combination of vehicles, designed to operate at a speed of twenty-five miles per hour or less, including a neighborhood electric vehicle[,] or a golf cart, and traveling on a public highway, except when guarded by a flagperson or a flare, or unless provided by ordinance, shall display a triangular slow moving vehicle emblem meeting ASAE Standard S276.2 as developed by the American Society of Agricultural Engineers, mounted on the rear of the vehicle, or combination of vehicles, base down and at a height of not less than three nor more than five feet from the ground to base."

SECTION 7. The director of transportation may adopt rules pursuant to chapter 91 to regulate the use of golf carts.

SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect upon its approval.

INTRODUCED BY:

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