Golf Carts on the Roads

Question: As far as I am aware very few, if any, of the electric golf carts or electric sidewalk conveyances that cross or use our streets are neither licensed nor qualified to be licensed. They are therefore not insured for liability nor property damage by ICBC.

At Crown Isle most of those who can afford a golf cart probably also own a home or condo and therefore would have personal liability insurance under their homeowners policy which would apply if they ran over and injured someone on the golf course.

However there is an exclusion under homeowners policies for use or operation of a vehicle required by law to be licensed.

All these things came to mind when I moved a few months ago. I regularly see an older gentleman driving his electric conveyance, probably on the way to the seniors center or the shopping center. He always drives on the street, I have never seen him use the sidewalk. I recently saw him driving at dusk. He might have struck a child darting out of a driveway.

So besides the Motor Vehicle Act infractions that I assume these operators are in breach of there is the uninsured aspect of what they are doing which troubles me. The majority of them may have no idea that they are driving illegally and may not have considered the very serious civil ramifications of having a collision without insurance.

It is my assumption that our traffic enforcement officers do not have time to police these irregularities. However I feel that ICBC have all the facilities necessary to make the public aware of what I perceive to be serious potential problems for innocent drivers and victims.

No doubt you have opinions about all of this and you may decide to take it on and try to get it fixed. If nothing else at all is done then I think at least notices of some sort should be posted in the pro shops and senior citizens centres.

Personal Mobility Devices

Let's get the easy one out of the way first. Your electric conveyance, aka personal mobility device, is specifically excluded from being a motor vehicle when operated by an invalid. The operator is considered to be a pedestrian and must follow the pedestrian rules.

Golf Carts

The issue of golf carts is a bit more complicated. In some cases they are allowed to operate on or across roads involved with a golf course. They may also be allowed to be operated on or adjacent to a highway in certain other circumstances.

Private Property

Crown Isle appears to be a gated community if I understand their web site properly. This would mean that the roads within the gates are private roads.

Application of Act

2 (1) In this section, "private road" means a private road used by the public for vehicular traffic with permission of the owner or licensee of the road.

So, unless the driver is prohibited or driving without due care, without reasonable consideration or speeding relative to conditions, there is nothing that may be done about it under the Motor Vehicle Act as long as it is owned and operated by a resident/owner of the gated community:

(9) Except under sections 95, 102 and 144, a person must not be charged with or convicted of an offence under the Motor Vehicle Act as the result of the driving or operation of a motor vehicle or trailer

(a) on a private road owned by the owner, lessee or out-of-province lessee of the motor vehicle, 

Strata Rules

Bylaws may require insurance for golf carts that park on common property.

Impaired Driving

One final caveat, and that is driving while impaired. Golf carts are considered to be a motor vehicle for the purposes of the Criminal Code and the driver may be dealt with under the Code for impaired driving regardless of where the cart may be operated.

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