Request By:
Mr. Donnie M. English
Chief of Police
P.O. Box 36
Calvert City, Kentucky 42029
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Carl Miller, Assistant Attorney General
You have requested an opinion of the Attorney General as to whether a golf cart may be licensed as a motor vehicle or a motorcycle and whether it may be used on a public road or on the shoulder of a public road. You state that a problem arises when city residents use golf carts in traveling from their homes to the country club and back.
A golf cart is not a motor vehicle as defined in KRS 186.010 and is not a motorcycle as defined in KRS 189.285. A golf cart cannot be licensed to operate on a public road.
A golf cart is an off-road vehicle which is covered by the provisions of KRS 189.860 which reads as follows:
"(1) 'Off-road vehicle' means a motor vehicle capable of cross-country travel, without the benefit of a road or trail. It does not include a farm vehicle, a vehicle used for military or law enforcement purposes, a vehicle used in construction, mining, or other industrial related purpose, aircraft, or any other vehicle registered under state law.
"(2) No person shall operate an off-road vehicle on any private or public property without the consent of the land owner, tenant, or governmental agency responsible for the property."
KRS 189.990(22) provides:
"Any person who violates KRS 189.860 shall be fined not more than $500 or imprisoned for not more than 6 months or both."
The same law applies to the shoulder of a highway as applies to the traveled portion of the highway. KRS 186.010(2); OAG 69-356.
In summary, it is our opinion that a golf cart cannot be licensed as a motor vehicle or a motorcycle and cannot travel on a highway or the shoulder of a highway.