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Over the past several years, battery powered (electric) vehicles have become increasingly popular. These include e-bikes, skate boards, one-wheel boards, golf carts, personal electric vehicles (PEVs) and electric scooters.
The upside is that they are quiet, non-polluting (production of electricity not withstanding), easy on our street surfaces and take less-to-no parking. They also, in a bucolic sort of way, contribute to the laid back quality of life we enjoy here in Covington. I love the sight of a family pulling up to Hoodoo Ice Cream for cones, a couple of carts parked outside one of our wonderful restaurants and Dr. Saux headed towards the hospital dressed in whatever struck his fancy that day.
The downside is drivers are implicitly being asked to share the road with these vehicles that are less visible, less stable, do not require licenses, registration or insurance and are rather fast: The e-bike pictured goes 35 mph, the skateboard 31 mph, the one-wheel board 18 mph and the scooter 28 mph. The golf carts and PEVs are more visible, more stable and typically range in speed from 15 to 30 mph.
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Louisiana Revised Statue 32:299.4
"The Golf Cart Law"
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Tallest State Capitol Building in USA | |
Much has been spoken and posted on social media about a state statue written in 2016 about golf carts. Safety features, insurance and license requirements are often quoted. The question that often follows, "Why do officers not enforce this law?"
The answer is the law, in my opinion, is outdated and inapplicable for most vehicles.
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At the beginning of the statute, the term "golf cart" is defined. In the general use of the term and as most of us use it, all of the 4 wheel electric carts in town are "golf carts." That's fine. However, when we begin to speak in legal terms and apply the law we learn the description to be far more limiting: | |
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"§299.4. Golf carts; safety equipment requirements; exemptions; registration
A. "Golf cart" means an electric four-wheeled vehicle originally intended for use off-road on golf courses and other green spaces whose maximum speed is twenty-five miles per hour."
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To understand this narrow definition, it helps to think back to 2016. The purpose of the law was to address the use of electric carts in neighborhoods that had golf courses … such as Tchefuncta Estates, Beau Chene or Money Hill. I suspect legislators could not have predicted the tremendous increase in electric four-wheeled vehicles not intended to be used on golf courses. | | | |
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PEVs
Personal Electric Vehicle
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For the sake of example, let's use me and my cart. My cart is used neither on a golf course nor off-road. There is no place for golf bags. There are no golf courses in the city of Covington. I do not play golf.
Finally, the tires are such a size and tread that a cart like mine is banned from golf courses. By state statute definition, this clearly is not a golf cart. Generically, let's call it a golf cart … but when quoting State law, let's consider the definition and the intention of the law.
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"Well, then your cart is an LSV" a Covington police officer said to me. To which I replied, with a smile, "Wrong again, ranch hand."
Low Speed Vehicles are not defined in State statute but rather by the National Highway Traffic Safety Administration:
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"Under Federal law, a "low-speed vehicle" is defined as a "4-wheeled motor vehicle, other than a truck, whose speed attainable in 1.6 km (1 mile) is more than 32 kilometers per hour (20 miles per hour) and not more than 40 kilometers per hour (25 miles per hour) on a paved level surface." | | |
Let's dissect: Faster than 20 mph and no more than 25 mph. To qualify as an LSV, it must go 21, 22, 23, 24, or 25 miles per hour. No more, no less. Isn't that a strangely narrow range? If the purpose of the guideline is public safety, would it not be more encompassing? | | | |
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Well, there it is. Public safety was not the purpose. This Federal administratively generated guideline was written in support of an Obama era initiative to provide a tax credit of $7,500 for the purchase of electric vehicles. Some residents here in Covington were smart enough to take advantage.
I was not.
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“Each independent automaker's eligible plug-in vehicles receive a federal credit (up to $7,500) – until the 200,000th plug-in is registered inside the U.S., when a countdown for phaseout of the credit begins." | | |
My electric cart has a maximum speed of 20 miles per hour. Hence, it is not an LSV. | | |
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Okay, Mr. Smarty Pants,
Then What is it?
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Good question. We know it is a four wheeled electric vehicle with a maximum speed of 20 mph designed and intended to be driven on the street.
E-bikes are two wheel electric vehicles. The one pictured has a max speed of 35mph.
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If my first glance at State law on motorized bicycles (which I found to be different from electric assisted bikes) is correct (and I freely admit there may be more to this than I found), one is required to have a driver's license. However, I did not see any requirement to register the vehicle, require any safety features like head lights, tail lights or brake lights or to have insurance. Hence, it is an unregistered, unregulated (except to say no sidewalks, no interstates), two wheeled electric vehicle that requires a drivers license but not insurance.
But there is no State statute like this for my cart. Yes, I have insurance. Yes, I registered it under the Golf Cart statute several years ago knowing full well it did not meet the criteria for a golf cart but thinking it was the right / better thing to do. I cautiously submit that my cart is an unregulated, quasi-registered personal electric vehicle … and we need to do better than that.
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Let's Really Confuse the Issue
Electric Scooters
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Per RS 32:300.1.1, "Electric low-speed scooters may operate on sidewalks, bicycle paths, and highways."
Whoa. Pump the brakes. Stop the truck! Low speed scooters can go on highways? Yep, unless the parish, department or municipal governing authority says otherwise. Also, "An electric low-speed scooter shall not be considered a motor-driven cycle, a vehicle or a motor vehicle."
Hence, no driver's license, insurance or registration is required.
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As Vinny Gambini said while cross-examining Lisa Vito in My Cousin Vinny, "Wait, there's more." The scooter pictured is not a low speed scooter … the term "electric low-speed scooter" shall mean a rental or commercial scooter weighing less than one hundred pounds that has handlebars and an electric motor, is solely powered by an electric motor or human power, and has a maximum speed of not more than twenty miles per hour on a paved level surface.
The scooter pictured goes 28 mph thus exceeding the 20 mph limit … so this law doesn't apply. I cannot explain what that makes it, but I will suggest: The advancement in technology and speed of electric vehicles has outpaced our ability to legislate and / or regulate them. Furthermore, it is unrealistic for the public or for police officers to possibly keep all of this straight in their minds.
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Public Safety Scenario: A 14 year old drives her parent's electric cart downtown to visit H.J. Smith's Son museum. A police officer notes the cart's maximum speed is greater than 20 mph but not more than 25. The cart has seat belts, all the necessary lights, a speedometer, an odometer and windshield wipers. Obviously this is an LSV and it is being illegally driven by an unlicensed driver. He warns the young teen and sends her home. She parks the cart, crosses the garage floor, gets on a 4 wheel electric scooter with a max speed of 20 mph, puts on a helmet (because the law requires one of riders under the age of 17) and proceeds down Columbia Street where she crosses Boston Street at the traffic signal. She has legally arrived at H.J. Smith's albeit on a less visible, less stable and less safe vehicle … not a good plan.
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Well, I started by meeting with police Chief Mike Ferrell. Subsequently, he assigned Detective Kety and Lieutenant Sanders to research this myriad of issues. They presented me 34 pages of a work in progress. Some things fell to the wayside and some I found to be very good. Some take-aways:
1) Our current policy: "Our officers are to intervene with discretion* when any person is driving any vehicle in a hazardous manner."
*Discretion - As I've repeated ad nauseam for the past 10+ years, then Police Chief Tim Lentz taught me the most important tool in a police officer's tool belt is discretion. Officers use it dozens of times per shift. I suggest we do not want a police department that enforces every law on the books to the letter of the law. A LEO with discretion is a good LEO.
To date, this policy has served our community well. As Kety and Sanders noted in their report, PD has no recent memory i.e. institutional memory of a serious injury or fatality occurring on a "golf cart."
The more dangerous mode of transportation resulting in trips to Urgent Care and the ER every month is the bicycle. To be clear, I'm not suggesting we ban or regulate bicycles ... but I do ask please be aware of them and pass with extra care.
2) Registering carts and issuing a decal: Why do this? I'm not a big fan of creating procedures, rules and bureaucracy without knowing the why. Answer: Registering carts by number would allow PD to identify the cart if left overnight downtown or found in a ditch. It would also ease the process of issuing citations. These reasons are true but I do not find them compelling.
3) Inspections: Various municipalities have attempted to institute ordinances that involve inspections … which has led to consequences of unforeseen liability to the city.
4) Recent passage of ordinances in other cities were included in the Kety/Sanders' report. They apply only to vehicles intended to be used off road.
5) RS 32:58 Careless Operation of a Vehicle: Could this statute be a way of applying codified, existing law to my policy of, "Our officers are to intervene with discretion when any person is driving any vehicle in a hazardous manner?" To that end, I am conferring with PD, the City attorney, the City Council and the City Magistrate.
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I shall continue to examine all different facets of this concern with an eye towards public safety, calling upon PD, the City Council and legal counsel to determine if action is required and if so, what that action looks like.
For the interim, I ask that our Police continue to intervene with discretion anytime any person is operating any vehicle in a hazardous manner. Examples are, but not limited to:
Driving on busy streets such as Tyler, 21st Ave, Boston, Collins Blvd. and Jahncke Avenue (take note Division of Spring and Old Landing residents).
Holding up traffic. Cart drivers should find a safe place to pull over and allow faster automobile traffic to pass.
Cross busy streets at traffic signals. Look both ways before crossing. Do not presume because the signal light is green you are safe to cross. (This applies to pedestrians as well).
Obey all traffic laws.
Do not overload the cart with riders i.e 7 kids on one cart.
No lights on your cart? No drive at dusk / night.
I would also recommend future cart owners procure the safety features outlined in the Golf Cart Statute or the LSV Federal guideline as well as liability insurance. Buying a used golf cart intended to be used off-road from a Country Club will not fulfill this requirement.
Even if your electric vehicle does not require a license to drive, please use common sense. Unlicensed drivers joy riding in downtown or crossing Tyler street repeatedly is a recipe for disaster. Set boundaries and emphasize awareness. The most dangerous situation among us today is the automobile driver distracted by the cell phone. All drivers of all ages of all vehicles need to be aware of this.
Hope this was helpful,
Mayor Mark
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Louis Prima's Pretty Acres
Golf Course
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Per local resident Richard Rau, pictured is Louis Prima's Pretty Acres 18-Hole Championship Golf Course... last photo taken, in 1994, when it closed. Local developer and entrepreneur Reid Falconer constructed the present-day site of Home Depot and Walmart Supercenter.
Richard's grandfather, William E. Rau, Sr. owned the land in the early 1900's and sold it to Louis Prima in 1951.
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Pretty Acres Ad, 1959
Per Tammany Blog
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Side note: Louis Prima played my Mom's "Sweet Sixteen" birthday party in Hammond.
My grandfather was a produce broker, Bignar Strawberries, shipping Tangipahoa vegetables and fruits via trucks and trains to New York and Chicago.
While driving one of the trucks, Mom's boyfriend (Leroy) got hit by a dynamite truck. My Dad was driving another truck following behind.
Timing is everything.
Pictured is my Mom posing for some Bignar Strawberry related marketing.
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Replies to this e-mail go directly to Mayor Mark.
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Rooted in History, Focused on the Future | | | | |
