86-278
Whether this Act prohibits the operation of golf carts on public streets and highways. Act 1011 of 1985; Section 27-21-101; 27-21-103; 27-21-104; 27-21-102. ANSWER: No. A golf cart is not an "all-terrain" vehicle under this act, but still must comply with all other equipment regulations to oper
Cite as Ark. Op. Att'y Gen. 86-278
OPINION NO. 86-278
April 30, 1986
Honorable Jim Wood
State Senator .
P.O. box 604 oY
Newport, AR 72112
Dear Senator Wood:
This letter is written in response to your request for
an Opinion regarding Act 1011 of 1985. This Act prohibits
the operation of off the road all terrain vehicles on public
streets and highways. Your specific question is whether
this Act prohibits the operation of golf carts on public
streets and highways. Act 1011 of 1985 is compiled at Ark.
Stat. Ann. §75-1061 - 1064. Section 1061 states:
that "all terrain vehicles" means every
three, four or six wheeled vehicle 50
inches or less in width, having a dry
weight of 600 pounds or less, equipped
with low pressure tires designed
primarily for off the road recreational
use and with a seat designed to_be
straddled by the operator, and having an
engine displacement of no more than 400
cubic centimeters. (Emphasis added).
The Act prohibits the operation of all terrain vehicles on
public streets and highways of this State. It appears that
a golf cart would not be classified as an all terrain
vehicle. The Act clearly states tHat an all terrain
vehicle, is "tone that has a seat designed to be straddled by
the operator."' It is commonly known that golf carts have
wide bench type seats and not a seat that is straddled as in
the case of a motorcycle. I must point out however, that
the golf cart would still have to meet the other state
mandated equipment requirements in order to lawfully operate
upon the streets and highways.
The foregoing opinion, which
!
-- prepared by Assistant Attorney Genera
lok,
Sincere)
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‘
STEVE CLARK
Attorney General
SC/RKM/1jm