A recent ruling
for kids under 16 in Peachtree City.
The court said
state law requires golf cart drivers to possess a driver's license as
it ruled against a man who appealed his conviction for driving a golf
cart with a suspended license. The court reasoned that golf carts are
"motor vehicles" since they are self-propelled, and persons
driving motor vehicles are licensed by the state; the court cited case
law that determined a license is required even to drive a farm tractor.
The court's
decision basically overrules Peachtree City's golf cart ordinance, which
allows children 12-14 years old to drive when accompanied by an adult
and those 15 years old to drive alone when they have a learners permit.
"We are
really stunned by this decision," said Mayor Steve Brown on Thursday.
"After years of Council support for local laws allowing younger and
properly supervised unlicensed drivers on our path system, this ruling
completely supercedes our ordinances relating to golf carts."
The city has
the power to license the golf carts themselves, not drivers, the court
said in its opinion.
State Court
Solicitor General Steve Harris said the court's ruling means no one without
a valid license can drive a golf cart even on the city's cart paths.
Police Chief
James V. Murray cautioned parents and golf cart owners of the seriousness
of the ruling Thursday, saying, "If unlicensed drivers are caught
operating carts on the streets or cart paths now, they will face the same
consequences as driving an automobile without a drivers license."
Brown said
the city will create some kind of "protocol" for enforcing the
new ruling and "break it in slowly" to give young drivers plenty
of time to learn about the ruling.
And City Attorney
Ted Meeker is researching to determine whether the ruling will require
golf cart owners to have liability insurance, as is required for automobiles.
In the past,
an estimated half-dozen young adults and teens have been charged with
driving a golf cart without a license or with a suspended license, but
Harris' office dropped those charges because of the conflict between the
Peachtree City golf cart ordinance and the state law on motor vehicles.
"We didn't
think it was appropriate to holdthem accountable for the mixed messages
they were getting," Harris said.
The situation
was different this time with William Thomas Coker of Peachtree City who
had the suspended license charge upheld by the appeals court. Harris said
his office wanted "to throw the book" at Coker, an adult, who
was also convicted of DUI in the same case his third DUI according to
court records.
State Court
Judge Fletcher Sams sentenced Coker to two years in prison and a $1,000
fine after he was found guilty in a jury trial in January of last year.
Assistant Solicitor General Lura Landis prosecuted the case and wrote
the brief in support of the prosecution for the Appeals Court case.
Coker was originally
arrested on the charges July 21, 2001, at 1:15 a.m. when a Peachtree City
Police Officer observed him driving on Northlake Drive and Aberdeen Parkway.
He was first charged with driving while declared a habitual violator,
which would have been in the jurisdiction of the Superior Court, but that
charge was later reduced to DUI, putting the case in State Court, Harris
said.
Coker was represented
Lloyd Walker appealed the case, claiming that the General Assembly didn't
intend for golf carts to be classified as a motor vehicle under the law.
Instead, golf
carts should be classified as "motorized carts" which don't
have as many restrictions, Walker argued in his brief to the appeals
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