Eight Things to Know Before Using a Golf Cart on a Street in Indiana

It has become very common for families to purchase golf carts to drive on the streets of their Indianapolis-area communities and beyond. Not surprisingly, as the use of golf carts on public roads has increased, claims involving injuries caused by golf-cart accidents, many involving minors, have also become more common. Before purchasing a golf cart for use by you and your family on the streets of your neighborhood, you should familiarize yourself with laws that apply to the use of golf carts and the extent to which your insurance policies will cover liability and damages arising from their use.

Here are eight things you should know:

1. Operation of golf carts and off-road vehicles on public roads in Indiana is generally not permitted unless the county, city, town, or local governmental authority in which the vehicle is being used has adopted an ordinance allowing their use.[i]
2. All local ordinances allowing the use of golf carts on public roads must require that an individual who operates a golf cart or off-road vehicle on a public road hold a valid driver’s license, or be at least 16 years and 180 days of age and hold a state-issued identification card.[ii]
3. Golf carts are not required to be registered with Indiana’s Bureau of Motor Vehicles when used on public roads in accordance with a local ordinance.[iii]
4. Local ordinances allowing golf cart use on public roads may require registration with local police and/or certain equipment and may contain limitations on where and how golf carts may be operated.
5. The statutory definition of an off-road vehicle excludes a golf cart which is defined as “a four (4) wheeled motor vehicle originally and specifically designed and intended to transport one (1) or more individuals and golf clubs for the purpose of playing the game of golf on a golf course.”[iv] If the vehicle is an off-road vehicle such as a Utility Terrain Vehicle (UTV), not designed originally and specifically for carrying golfers and golf clubs on a golf course, then the Indiana laws applicable to it are different from those applicable to a golf cart.[v]
6. Off-road vehicles are specifically exempt from Indiana’s Financial Responsibility laws requiring liability insurance to be in effect for vehicles used on public roads. However, golf carts are not listed among the vehicles that are exempt from financial responsibility requirements while used on public roads. [vi]
7. Your existing insurance policies may not provide liability insurance for injuries arising from the use of a golf cart. Review your policies and contact your insurance agent to determine if you have coverage. Most homeowners’ insurance policies contain exclusions for liability for injuries arising from the use of a motor vehicle, such as a car or a golf cart. However, some homeowners’ insurance policies may contain an exception for injuries caused by a golf cart which is used only on your insured premises or on the streets within the boundaries of your residential community. If you are relying on such coverage, you will need to know those boundaries and ensure that anyone using the golf cart remains within them. Many companies sell endorsements covering golf carts.
8. Auto Policies often limit coverage to vehicles designed mainly for use on public roads and most golf carts are not designed for use on public roads. Auto Policies may also exclude coverage for vehicles you own that are not specifically named on the policy, and if they provide coverage for golf carts, they usually require that the insurance company be notified of the purchase within a certain period of time, such as 30 days.

In conclusion, before you or your family members drive a golf cart on streets in Indiana determine the applicable local rules and ensure that you have adequate insurance covering any liability arising from ownership or use of the golf cart.

[i] Ind. Code § 9-21-8-57 provides “a golf cart or off-road vehicle may not be operated on a highway [defined as a street, an alley, a road, a highway, or a thoroughfare in Indiana, including a privately owned business parking lot and drive, that is used by the public or open to use by the public by IC § 9-25-2-4] except in accordance with (1) an ordinance adopted under IC § 9-21-1-3(a)(14) and IC § 9-21-1-3-3.3(a); or (2) IC § 14-16-1-20 authorizing an off-road vehicle to operate on a highway.

[ii] Ind. Code § 9-24-1-7 provides (b) An ordinance adopted under IC § 9-21-1-3(a)(14) or IC § 9-21-1-3.3(a) must require that an individual who operates a golf cart or off-road vehicle in the city, county, or town:

(1) hold a driver’s license; or

(2) be at least sixteen (16) years and one hundred eighty (180) days of age and hold:

(A) an identification card issued under IC § 9-24-16; or

(B) a photo exempt identification card issued under IC § 9-24-16.5.

[iii] Ind. Code §9-18.1-2-2.

[iv] Ind. Code § 9-13-2-69.7.  Ind. Code § 9-13-2-117.3 provides “”Off-road vehicle’ has the meaning set forth in IC § 14-8-2-185.”  Ind. Code § 14-8-2-185(c)(8) provides that off-road vehicle does not include a golf cart vehicle.  Ind. Code § 9-13-2-69.7.

[v] See eg. Ind. Code § 9-25-1-7; Ind. Code § 9-25-4-1; Ind. Code § 14-16-1-20 et. seq. regulating off-road vehicles.

[vi]  Ind. Code § 9-25-1-7 provides

This article [Financial Responsibility] does not apply to:

(1) off-road vehicles;

(2) snowmobiles;

(3) motor driven cycles; or

(4) electric foot scooters.

In addition, Ind. Code § 9-25-4-1, provides
(a) This section does not apply to:

1. An electric personal assistive mobility devise;
2. An off-road vehicle
3. A snowmobile

(b) A person may not
****

2. operate a motor vehicle on a public highway;
In Indiana if financial responsibility is not in effect with respect to the motor vehicle under section 4 of this chapter, or if the person is not otherwise insured in order to operate the motor vehicle.

© Riley Bennett Egloff LLP

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Posted October 21, 2024, by Laura S. Reed