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.