HomeMy WebLinkAboutRE Low Speed Vehicles (4)Todd,
Thanks for being on the front-end of this and getting the info to Mosh.
This should be very helpful to us all.
Mike
From: Todd Morley [mailto:T.Morley@cityofcapecanaveral.org]
Sent: Wednesday, August 28, 2013 8:55 AM
To: Mosh
Cc: Kim Rezanka (KRezanka@deanmead.com); Barry Brown
Subject: Low Speed Vehicles
Good Morning Mosh,
The new Beachwave store is shaping up nicely.
I noticed that the Cocoa Beach Beachwave store had low speed vehicles
available for rental.
In case you want to rent them at the new Cape Canaveral store, I wanted
to provide you with the applicable FL Statutes.
Generally:
* The Statutes regulate Low Speed Vehicles (LSV’s) differently
from golf carts.
* To my knowledge, the City of Cape Canaveral has no local
regulations regarding LSV’s or golf carts.
* LSV’s are allowed on roads that are 35mph or less. S.R. A1A
is 45 mph in Cape Canaveral.
These are further regulated in the statutes. See below:
The 2012 Florida Statutes
320.01 Definitions, general
(42) “Low-speed vehicle” means any four-wheeled vehicle whose top speed
is greater than 20 miles per hour but not greater than 25 miles per
hour, including, but not limited to, neighborhood electric vehicles.
Low-speed vehicles must comply with the safety standards in 49 C.F.R. s.
571.500 and s. 316.2122
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&
Search_String=low%20speed%20vehicles&URL=0300-0399/0316/Sections/0316.21
22.html> .
316.2122 Operation of a low-speed vehicle or mini truck on certain
roadways.—The operation of a low-speed vehicle as defined in s. 320.01
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&
Search_String=low%20speed%20vehicles&URL=0300-0399/0320/Sections/0320.01
.html> (42) or a mini truck as defined in s. 320.01
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&
Search_String=low%20speed%20vehicles&URL=0300-0399/0320/Sections/0320.01
.html> (45) on any road is authorized with the following restrictions:
(1) A low-speed vehicle or mini truck may be operated only on streets
where the posted speed limit is 35 miles per hour or less. This does not
prohibit a low-speed vehicle or mini truck from crossing a road or
street at an intersection where the road or street has a posted speed
limit of more than 35 miles per hour.
(2) A low-speed vehicle must be equipped with headlamps, stop lamps,
turn signal lamps, tail lamps, reflex reflectors, parking brakes,
rearview mirrors, windshields, seat belts, and vehicle identification
numbers.
(3) A low-speed vehicle or mini truck must be registered and insured in
accordance with s. 320.02
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&
Search_String=low%20speed%20vehicles&URL=0300-0399/0320/Sections/0320.02
.html> and titled pursuant to chapter 319.
(4) Any person operating a low-speed vehicle or mini truck must have in
his or her possession a valid driver’s license.
(5) A county or municipality may prohibit the operation of low-speed
vehicles or mini trucks on any road under its jurisdiction if the
governing body of the county or municipality determines that such
prohibition is necessary in the interest of safety.
(6) The Department of Transportation may prohibit the operation of
low-speed vehicles or mini trucks on any road under its jurisdiction if
it determines that such prohibition is necessary in the interest of
safety.
316.212 Operation of golf carts on certain roadways.—The operation of a
golf cart upon the public roads or streets of this state is prohibited
except as provided herein:
(1) A golf cart may be operated only upon a county road that has been
designated by a county, or a municipal street that has been designated
by a municipality, for use by golf carts. Prior to making such a
designation, the responsible local governmental entity must first
determine that golf carts may safely travel on or cross the public road
or street, considering factors including the speed, volume, and
character of motor vehicle traffic using the road or street. Upon a
determination that golf carts may be safely operated on a designated
road or street, the responsible governmental entity shall post
appropriate signs to indicate that such operation is allowed.
(2) A golf cart may be operated on a part of the State Highway System
only under the following conditions:
(a) To cross a portion of the State Highway System which intersects a
county road or municipal street that has been designated for use by golf
carts if the Department of Transportation has reviewed and approved the
location and design of the crossing and any traffic control devices
needed for safety purposes.
(b) To cross, at midblock, a part of the State Highway System where a
golf course is constructed on both sides of the highway if the
Department of Transportation has reviewed and approved the location and
design of the crossing and any traffic control devices needed for safety
purposes.
(c) A golf cart may be operated on a state road that has been
designated for transfer to a local government unit pursuant to s.
335.0415
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&
Search_String=golf%20carts&URL=0300-0399/0335/Sections/0335.0415.html>
if the Department of Transportation determines that the operation of a
golf cart within the right-of-way of the road will not impede the safe
and efficient flow of motor vehicular traffic. The department may
authorize the operation of golf carts on such a road if:
1. The road is the only available public road along which golf carts
may travel or cross or the road provides the safest travel route among
alternative routes available; and
2. The speed, volume, and character of motor vehicular traffic using
the road is considered in making such a determination.
Upon its determination that golf carts may be operated on a given road,
the department shall post appropriate signs on the road to indicate that
such operation is allowed.
(3) Notwithstanding any other provision of this section, a golf cart
may be operated for the purpose of crossing a street or highway where a
single mobile home park is located on both sides of the street or
highway and is divided by that street or highway, provided that the
governmental entity having original jurisdiction over such street or
highway shall review and approve the location of the crossing and
require implementation of any traffic controls needed for safety
purposes. This subsection shall apply only to residents or guests of the
mobile home park. If notice is posted at the entrance and exit of any
mobile home park where residents of the park operate golf carts or
electric vehicles within the confines of the park, it is not necessary
for the park to have a gate or other device at the entrance and exit in
order for such golf carts or electric vehicles to be lawfully operated
in the park.
(4) Notwithstanding any other provision of this section, if authorized
by the Division of Recreation and Parks of the Department of
Environmental Protection, a golf cart may be operated on a road that is
part of the State Park Road System if the posted speed limit is 35 miles
per hour or less.
(5) A golf cart may be operated only during the hours between sunrise
and sunset, unless the responsible governmental entity has determined
that a golf cart may be operated during the hours between sunset and
sunrise and the golf cart is equipped with headlights, brake lights,
turn signals, and a windshield.
(6) A golf cart must be equipped with efficient brakes, reliable
steering apparatus, safe tires, a rearview mirror, and red reflectorized
warning devices in both the front and rear.
(7) A golf cart may not be operated on public roads or streets by any
person under the age of 14.
(8) A local governmental entity may enact an ordinance relating to:
(a) Golf cart operation and equipment which is more restrictive than
those enumerated in this section. Upon enactment of such ordinance, the
local governmental entity shall post appropriate signs or otherwise
inform the residents that such an ordinance exists and that it will be
enforced within the local government’s jurisdictional territory. An
ordinance referred to in this section must apply only to an unlicensed
driver.
(b) Golf cart operation on sidewalks adjacent to specific segments of
municipal streets, county roads, or state highways within the
jurisdictional territory of the local governmental entity if:
1. The local governmental entity determines, after considering the
condition and current use of the sidewalks, the character of the
surrounding community, and the locations of authorized golf cart
crossings, that golf carts, bicycles, and pedestrians may safely share
the sidewalk;
2. The local governmental entity consults with the Department of
Transportation before adopting the ordinance;
3. The ordinance restricts golf carts to a maximum speed of 15 miles
per hour and permits such use on sidewalks adjacent to state highways
only if the sidewalks are at least 8 feet wide;
4. The ordinance requires the golf carts to meet the equipment
requirements in subsection (6). However, the ordinance may require
additional equipment, including horns or other warning devices required
by s. 316.271
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&
Search_String=golf%20carts&URL=0300-0399/0316/Sections/0316.271.html> ;
and
5. The local governmental entity posts appropriate signs or otherwise
informs residents that the ordinance exists and applies to such
sidewalks.
(9) A violation of this section is a noncriminal traffic infraction,
punishable pursuant to chapter 318 as a moving violation for infractions
of subsections (1)-(5) or a local ordinance corresponding thereto and
enacted pursuant to subsection (8), or punishable pursuant to chapter
318 as a nonmoving violation for infractions of subsection (6),
subsection (7), or a local ordinance corresponding thereto and enacted
pursuant to subsection (8).
History.—s. 2, ch. 83-188; s. 1, ch. 84-111; s. 2, ch. 88-253; s. 322,
ch. 95-148; s. 4, ch. 96-413; s. 168, ch. 99-248; s. 7, ch. 2000-313; s.
6, ch. 2005-164; s. 3, ch. 2008-98; s. 46, ch. 2010-223.
Please let me know if you have any questions.
Thanks,
Todd
Todd Morley
Community & Economic Development Director
City of Cape Canaveral
7510 N. Atlantic Ave.
P.O. Box 326 Cape Canaveral, FL 32920
(321) 868-1222 x14 (321) 868-1247 (fax)
t.morley@cityofcapecanaveral.org
<mailto:t.morley@cityofcapecanaveral.org>
www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/>
“If it is to be, it is up to me”
Florida has a very broad public records law. As a result, any written
communication created or received by the City of Cape Canaveral
officials and employees will be made available to the public and/or
media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address
released in response to a public-records request, do not send electronic
email to this entity. Instead, contact our office by phone or in
writing.
ides of the street or
highway and is divided by that street or highway, provided that the
governmental entity having original jurisdiction over such street or
highway shall review and approve the location of the crossing and
require implementation of any traffic controls needed for safety
purposes. This subsection shall apply only to residents or guests of the
mobile home park. If notice is posted at the entrance and exit of any
mobile home park where residents of the park operate golf carts or
electric vehicles within the confines of the park, it is not necessary
for the park to have a gate or other device at the entrance and exit in
order for such golf carts or electric vehicles to be lawfully operated
in the park.
(4) Notwithstanding any other provision of this section, if authorized
by the Division of Recreation and Parks of the Department of
Environmental Protection, a golf cart may be operated on a road that is
part of the State Park Road System if the posted speed limit is 35 miles
per hour or less.
(5) A golf cart may be operated only during the hours between sunrise
and sunset, unless the responsible governmental entity has determined
that a golf cart may be operated during the hours between sunset and
sunrise and the golf cart is equipped with headlights, brake lights,
turn signals, and a windshield.
(6) A golf cart must be equipped with efficient brakes, reliable
steering apparatus, safe tires, a rearview mirror, and red reflectorized
warning devices in both the front and rear.
(7) A golf cart may not be operated on public roads or streets by any
person under the age of 14.
(8) A local governmental entity may enact an ordinance relating to:
(a) Golf cart operation and equipment which is more restrictive than
those enumerated in this section. Upon enactment of such ordinance, the
local governmental entity shall post appropriate signs or otherwise
inform the residents that such an ordinance exists and that it will be
enforced within the local government’s jurisdictional territory. An
ordinance referred to in this section must apply only to an unlicensed
driver.
(b) Golf cart operation on sidewalks adjacent to specific segments of
municipal streets, county roads, or state highways within the
jurisdictional territory of the local governmental entity if:
1. The local governmental entity determines, after considering the
condition and current use of the sidewalks, the character of the
surrounding community, and the locations of authorized golf cart
crossings, that golf carts, bicycles, and pedestrians may safely share
the sidewalk;
2. The local governmental entity consults with the Department of
Transportation before adopting the ordinance;
3. The ordinance restricts golf carts to a maximum speed of 15 miles
per hour and permits such use on sidewalks adjacent to state highways
only if the sidewalks are at least 8 feet wide;
4. The ordinance requires the golf carts to meet the equipment
requirements in subsection (6). However, the ordinance may require
additional equipment, including horns or other warning devices required
by s. 316.271
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&
Search_String=golf%20carts&URL=0300-0399/0316/Sections/0316.271.html> ;
and
5. The local governmental entity posts appropriate signs or otherwise
informs residents that the ordinance exists and applies to such
sidewalks.
(9) A violation of this section is a noncriminal traffic infraction,
punishable pursuant to chapter 318 as a moving violation for infractions
of subsections (1)-(5) or a local ordinance corresponding thereto and
enacted pursuant to subsection (8), or punishable pursuant to chapter
318 as a nonmoving violation for infractions of subsection (6),
subsection (7), or a local ordinance corresponding thereto and enacted
pursuant to subsection (8).
History.—s. 2, ch. 83-188; s. 1, ch. 84-111; s. 2, ch. 88-253; s. 322,
ch. 95-148; s. 4, ch. 96-413; s. 168, ch. 99-248; s. 7, ch. 2000-313; s.
6, ch. 2005-164; s. 3, ch. 2008-98; s. 46, ch. 2010-223.
Please let me know if you have any questions.
Thanks,
Todd
Todd Morley
Community & Economic Development Director
City of Cape Canaveral
7510 N. Atlantic Ave.
P.O. Box 326 Cape Canaveral, FL 32920
(321) 868-1222 x14 (321) 868-1247 (fax)
t.morley@cityofcapecanaveral.org
<mailto:t.morley@cityofcapecanaveral.org>
www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/>
“If it is to be, it is up to me”
Florida has a very broad public records law. As a result, any written
communication created or received by the City of Cape Canaveral
officials and employees will be made available to the public and/or
media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address
released in response to a public-records request, do not send electronic
email to this entity. Instead, contact our office by phone or in
writing.