HB-4945, As Passed House, November 9, 2017
SUBSTITUTE FOR
HOUSE BILL NO. 4945
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 657a (MCL 257.657a), as added by 2014 PA 491.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 657a. (1) A village or city having a population of fewer
than 30,000 individuals based upon the 2010 decennial census may by
resolution allow the operation of golf carts on the streets of that
village or city, subject to the requirements of this section. A
township having a population of fewer than 30,000 individuals based
upon the 2010 decennial census may by resolution, unless
disapproved by the county board of commissioners under subsection
(3), allow the operation of golf carts on the streets of that
township, subject to the requirements of this section.
(2) If a village, city, or township allows the operation of
golf carts on the streets of that village, city, or township, that
village, city, or township may require those golf carts and the
operators of those golf carts to be recorded on a list maintained
by that village, city, or township. A village, city, or township
shall not charge a fee for listing golf carts or the operators of
those golf carts.
(3) A county board of commissioners may, by resolution,
disapprove the operation of golf carts on the streets of a township
located within that county if the county board of commissioners
conducts a hearing and determines that 1 or more of the following
apply:
(a) The operation of golf carts on the streets of that
township would cause significant environmental damage.
(b) The operation of golf carts on the streets of that
township would cause a significant concern of public safety.
(4) The county board of commissioners shall provide public
notice of a hearing under subsection (3) at least 45 days before
the hearing is conducted. The county board of commissioners shall
also provide written notice of a hearing under subsection (3) to
the township at least 45 days before the hearing is conducted.
(5) A person shall not operate a golf cart on any street
unless he or she is at least 16 years old and is licensed to
operate a motor vehicle.
(6) The operator of a golf cart shall comply with the signal
requirements of section 648 that apply to the operation of a
vehicle.
(7) A person operating a golf cart upon a roadway shall ride
as near to the right side of the roadway as practicable, exercising
due
care when passing a standing vehicle or one a vehicle
proceeding in the same direction.
(8)
A Except as otherwise
provided in subsection (9), a person
shall not operate a golf cart on a state trunk line highway. This
subsection does not prohibit a person from crossing a state trunk
line highway when operating a golf cart on a street of a village,
city, or township, using the most direct line of crossing.
(9) The legislative body of a local unit of government may
request the state transportation department to authorize the local
unit of government to adopt an ordinance authorizing the operation
of golf carts on a state trunk line highway, other than an
interstate highway, located within the local unit of government.
The request shall describe how the authorization would meet the
requirements of subsection (10). The state transportation
department shall solicit comment on the request from the local
units of government where the state trunk line highway is located.
The state transportation department shall consider comments
received on the request before making a decision on the request.
The state transportation department shall grant the request in
whole or in part or deny the request not more than 60 days after
the request is received. If the state transportation department
grants a request in whole or in part under this subsection, the
local unit of government that submitted the request may adopt an
ordinance authorizing the operation of golf carts on the state
trunk line highway that was the subject of the request. A county
may submit a request for authorization under this subsection on
behalf of 1 or more local units of government located within that
county if requested by those local units of government.
(10) The state transportation department shall authorize
operation of a golf cart under subsection (9) only on a state trunk
line highway that is not an interstate highway within a local unit
of government that has already adopted an ordinance under
subsection (1), that serves as a connector between portions of the
local unit of government that only connect through the state trunk
line highway, and that meets 1 or more of the following
requirements:
(a) Provides access to tourist attractions, food service
establishments, fuel, motels, or other services.
(b) Serves as a connector between 2 segments of the same
county road that run along discontinuous town lines.
(c) Includes a bridge or culvert that allows a golf cart to
cross a river, stream, wetland, or gully that is not crossed by a
street or county road on which golf carts are authorized to operate
under an ordinance adopted as provided in subsection (1).
(11) The state transportation department may permanently or
temporarily close a state trunk line highway to the operation of
golf carts otherwise authorized under subsection (9) after written
notice to the clerk of the local unit of government that requested
the authorization under subsection (9). The notice shall be in
writing and sent by first-class United States mail or personally
delivered not less than 30 days before the adoption of the rule or
order closing the state trunk line highway. The notice shall set
forth specific reasons for the closure. The state transportation
department is not required to develop a plan for an alternate route
for a state trunk line highway that it has temporarily closed to
the operation of golf carts.
(12) (9)
Where a usable and designated path
for golf carts is
provided adjacent to a highway or street, a person operating a golf
cart may, by local ordinance, be required to use that path.
(13) (10)
A person operating a golf cart
shall not pass
between lines of traffic, but may pass on the left of traffic
moving in his or her direction in the case of a 2-way street or on
the left or right of traffic in the case of a 1-way street, in an
unoccupied lane.
(14) (11)
A golf cart shall not be operated
on a sidewalk
constructed for the use of pedestrians.
(15) (12)
A golf cart shall be operated at a
speed not to
exceed 15 miles per hour and shall not be operated on a state trunk
line highway or a highway or street with a speed limit of more than
30 miles per hour except to cross that state trunk line highway or
highway or street. A village, city, or township may, by resolution,
designate roads or classifications of roads for use by golf carts
under this subsection.
(16) (13)
A golf cart shall not be operated
on a state trunk
line highway or the streets of a city, village, or township during
the time period from 1/2 hour before sunset to 1/2 hour after
sunrise.
(17) (14)
A person operating a golf cart or
who is a passenger
in a golf cart is not required to wear a crash helmet.
(18) A person operating a golf cart on a state trunk line
highway shall ride as near to the right side of the roadway as
practicable.
(19) (15)
This section does not apply to a
police officer in
the performance of his or her official duties.
(20) (16)
A golf cart operated on a street of
a village, city,
or township under this section is not required to be registered
under this act for purposes of section 3101 of the insurance code
of 1956, 1956 PA 218, MCL 500.3101.
(21) (17)
As used in this section, "golf
cart" means a vehicle
designed for transportation while playing the game of golf. A golf
cart is not required to meet the vehicle safety requirements of a
low-speed vehicle for approval under this section.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.