HomeMy WebLinkAbout2012-10-29-Meeting Agendawww.augustaga.gov
Public Safety Committee Meeting Commission Chamber- 10/29/2012- 12:45 PM
PUBLIC SAFETY
1. Motion to approve acceptance of grant award to the Richmond
County State Court Accountability Court Programs in the
amount of $26,200 for the period of 10/1/12 - 9/30/13.
Attachments
2. Motion to approve the minutes of the Public Safety Committee
held on September 24, 2012.
Attachments
3. Motion to appoint an ad hoc traffic committee to study the most
likely streets and corridors where the use of Light
Transportation Vehicles (LTVs), such as golf carts, would be
reasonably safe to operate (provided adequate signage and
separate lanes where appropriate) and where using them would
be consistent with the traffic and planning needs. The ad hoc
committee will be comprised of Traffic Engineer (or
representative), Administrator (or representative), Sheriff (or
representative), Director of Planning and Development (or
representative), General Counsel (or representative).
Attachments
Public Safety Committee Meeting
10/29/2012 12:45 PM
Grant Award to Richmond County State Court Accountability Court
Department:Clerk of Commission
Caption:Motion to approve acceptance of grant award to the Richmond
County State Court Accountability Court Programs in the amount
of $26,200 for the period of 10/1/12 - 9/30/13.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
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Item # 1
Public Safety Committee Meeting
10/29/2012 12:45 PM
Minutes
Department:Clerk of Commission
Caption:Motion to approve the minutes of the Public Safety Committee
held on September 24, 2012.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
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Public Safety Committee Meeting
10/29/2012 12:45 PM
Motion to appoint an ad hoc traffic committee to study streets and corridors where the use of Light
Transportation Vehicles, such as golf carts, would be safe and feasible.
Department:Commissioner Bowles
Caption:Motion to appoint an ad hoc traffic committee to study the most
likely streets and corridors where the use of Light Transportation
Vehicles (LTVs), such as golf carts, would be reasonably safe to
operate (provided adequate signage and separate lanes where
appropriate) and where using them would be consistent with the
traffic and planning needs. The ad hoc committee will be
comprised of Traffic Engineer (or representative), Administrator
(or representative), Sheriff (or representative), Director of
Planning and Development (or representative), General Counsel
(or representative).
Background:Augusta, Georgia is the golf cart capital of the world. Yet the
Augusta, GA. Code currently only designates a small number of
public streets where the use of low speed vehicles, such as golf
carts, are allowed. See Sec. 3-5-86. Designating an ad hoc
committee to further study what additional streets may be feasible
for such purposes is a good first step towards evaluating what
Code changes are needed to expand the safe use of LTVs in
Augusta, Georgia.
Analysis:See attached Memorandum and draft ordinance.
Financial Impact:N/A.
Alternatives:Decline consideration of additional streets designated for Light
Transportation Vehicle use at this time.
Recommendation:Approve.
Funds are Available
in the Following
Accounts:
N/A.
Cover Memo
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REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
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Fred L. Somers, Jr.,
P.C.
MEMORANDUM
TO: Andrew G. Mackenzie, Esq., General Counsel
Augusta-Richmond County, Georgia
FROM: Fred L. Somers, Jr., Esq., General Counsel
International Light Vehicles Association, Inc. (“ILTVA”)
RE: Proposed PTV, Golf Car and LSV (collectively “Light Transportation
Vehicles” or “LTVs”) Ordinance for Augusta-Richmond County, Georgia (“ARC”)
OUR FILE NO. 4786.201203
DATE: 08/28/12
CC: ILTVA Board of Directors
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Andrew:
The following preliminary matters are addressed to give background respecting the attached draft LTV ordinance that hopefully addresses the expectations of the ARC
Commission.
1. Introduction. Much of the material which follows is compiled from materials we have
been collecting and addressing for a number of years. Sources include without limitation, the model legislation promulgated by ILTVA to be found at www.iltva.org; Georgia S.B.
240 which ILTVA prepared, was sponsored by Sen. Jeff Mullis, Chair of the Ga. Senate Transportation Committee and adopted by the Georgia General Assembly in 2011; and
numerous RSS feeds and ordinances from other states which we continuously monitor respecting LTVs. See, e.g., http://www.iltva.org/Local-Legislation.aspx (lower left hand
column).
ILTVA is comprised of original equipment manufacturers, (“OEMs”), suppliers and others
involved in the manufacture, distribution and deployment of LTVs. ILTVA’s vision statement as contained in its bylaws is “[to be] the world’s leading association and
advocate for safe and increased use of on and off-road LTVs.” Approximately 95% of all LTVs manufactured in the U.S. are made in Georgia and two of the primary ILTVA
members are domiciled within ARC and the adjacent Columbia County.
ILTVA is the American National Standards Institute (“ANSI”) accredited developer and sponsor of ANSI/ILTVA Z 130.1 Safety and Performance Specifications for Golf Cars;
and ANSI/ILTVA Z 135 Safety and Performance Specifications for Personal Transportation Vehicles (“PTVs”).
2. Sustainable and Affordable ARC Strategies
.01 Considerable public demand for low cost, private, environmentally friendly,
local self propelled vehicular transportation exists. As opposed to the higher priced
electric automobiles, lower speed LTVs present a readily and economically acceptable alternative to a second or third automobile for many families. LTVs have a fuel
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equivalency of approximately 74 Miles per Gallon of Gasoline Equivalent (MPGe)1 resulting in reducing our dependence on fossil fuel. The cost of LTV life-cycle ownership
is 1/3 that of a fossil fuel vehicle2 resulting in increased disposable income.
.02 LTVs hold great potential in the area of parking. Because they are only a
fraction of the size of regular automobiles, LTVs effectively increase the available parking supply. However, LTVs also require low-speed street conditions as well.
.03 Studies elsewhere3 show three-quarters of workers drive to work alone in vehicles propelled by internal combustion engines. The contribution of these internal
combustion vehicles to air pollution is noticeable in the urban areas. These studies also demonstrate few employees commute by public transit, bicycling, or walking. By allowing
a wider use of LTVs than presently permitted, air pollution may be markedly reduced if a significant number of workers migrate to use of LTVs for commuting. Further potential
exists for reducing air pollution are the drivers who opt to use LTVs for short trips to retail outlets and recreational venues.
.04 At half to two-thirds the weight of a conventional automobile and with a speed
currently limited to 25 mph or less, the damage done by LTVs to ARC roads will be noticeably less.4
3. Questions To Consider.
.01 Will residents regularly drive LTVs on ARC city, suburban and exurban streets?
It is submitted that only if drivers feel safe in operating the smaller profile LTVs on
these streets will they undertake to purchase and use LTVs for everyday transportation. The safety concern means (i) providing some separation of LTV traffic
from automobile and other larger vehicles by providing lanes dedicated to LTV use where appropriate; (ii) only allowing LTVs to operate on streets providing for speed
limits of not more than 25 mph; (iii) requiring certain rules of the road to be strictly enforced and monitored to ensure the rules are followed: and (iv) publicizing the rules
and areas where LTVs may operate by signage and public education. Also, it is important for safety that all operators of LTVs be licensed motor vehicle operators
and that the required accessories are permanently affixed to the LTVs.
.02 Will the traffic and law enforcement officers support a program requiring
some additional vigilance on their part to monitor and enforce the program rules?
We have observed in some localities, the local law enforcement authorities have
been most supportive, in others less so, and in a few jurisdictions, hostile to the concept of LTV traffic on local streets. There has to be a “buy in” by the ARC traffic
and law enforcement personnel to make the program work effectively and safely. One way to encourage law enforcement to “buy into” the program is to furnish traffic police
with LTVs for their use in fulfilling their oversight responsibility.
Compared to motorcycles, bicycles and motor scooters, the safety record of LTVs is
measurably and measurably better.5 Compared to motor vehicles (does not include
1 See https://www.fueleconomy.gov/feg/evsbs.shtml#small-cars.
2 See www.fs.fed.us/sustainableoperations/documents/e-ride.ppt.
3 See, e.g., www.SouthBayCities.org.
4 See http://evworld.com/library/NEV_Costs.pdf.
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LTVs other than low speed vehicles as defined in FMVSS 500), more than 2.3 million adult drivers and passengers were treated in emergency departments as the result of
being injured in motor vehicle crashes in 2009.6
.03 Will LTVs usage produce significant economic benefits?
In paragraphs 2.01 and 2.03, we cite several presumably reliable sources to show it is significantly less expensive for vehicle operators and owners to use LTVs rather
than gasoline or diesel powered automobiles or larger fossil fuel driven vehicles for their daily local transportation needs. The passage of a broader LTV ordinance than
presently exists in ARC would allow the introduction of an intermediate class of vehicle with lower acquisition, operation and maintenance costs than the current
choice of vehicle options, especially if these vehicles are electrically-powered.
Most electric powered LTVs have a driving range of about 30 miles. Assume that it takes 200 watts hours of electric power per mile of operation, that means every kilowatt hour of electricity you put into the vehicle's battery is the equivalent of 5 miles of travel. So, to drive 30 miles would require 6kWh of electric power. Assume
the owner pays an average of around 7¢ a kilowatt hour. To fully charge the battery in a electric LTV would cost the equivalent of 42¢. If the owner’s gasoline car gets 30
miles per gallon, how much would the owner have to pay to drive the same distance? Depending on the local service station used, the owner would pay approximately
$3.47.7 That's more than $3 a gallon difference.8
The initial purchase cost of a LTV is significantly lower than the higher priced electric
powered hybrid automobile. Edmunds Car Finder reports 15 hybrid autos available in a price range of $15,000 to $25,000; 21 hybrid autos available in a price range of
$25,000-$35,000; and 32 hybrid autos available in price ranges from $35,000 to over $85,000.9 In contrast, one recent survey shows the price range for a new golf cart to
be from $4,700 to $15,000 with the average golf cart - electric, with a top and
5 CPSC's National Electronic Injury Surveillance System (NEISS) collects current injury data associated with consumer products from U.S. hospital emergency departments across the country.
Consisting of
a national probability sample of hospitals of differing sizes and locations, NEISS provides national estimates of the number and types of consumer product-related injuries. NEISS Data Highlights – 2010 Estimated Number of Injuries and Estimated Rate of Product-Related Injuries per 100,000
Population in the United States and Territories (listed in italic) that were treated in Hospital Emergency Departments* treated in Hospital Emergency Departments*. Bicycles are shown to be
involved in 541,746 injuries; ATVs, mopeds and minibikes involved in 230,666 injuries. See http://www.cpsc.gov/neiss/2010highlights.pdf. LTVs in the form of golf cars show a favorable comparison with the foregoing vehicles. According to the Consumer Products Safety Commission
(CPSC), there are approximately 15,000 golf car related injuries requiring emergency room treatment in the US each year. http://technology-assoc.com/articles/golf-cart-hazards.html. Moreover, if the number of LTV related injuries (includes golf carts, utility vehicles and motorized
vehicles not otherwise classified) are limited to on street or highway incidents, the estimated number of LTV related injuries approximated only 1,753 in 2010. There were no estimates for 2009 or 2011 the actual recorded number of LTV related injury incidents in those years being less than in
2010. NEISS Query Results for Codes 5044, 1213 and 1744 – Locale 4 Street or Highway. See http://www.cpsc.gov/library/neiss.html.
6 http://www.cdc.gov/motorvehiclesafety/index.html.
7 See http://www.georgiagasprices.com/Augusta/index.aspx
8 http://evworld.com/library/NEV_Costs.pdf 9 http://www.edmunds.com/hybrid/?mktcat=hybrid-
compare&kw=hybrid+car+comparison&mktid=ga30221603.
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windshield, priced at between $5,000 and $7,000.10 LSVs and other LTVs provided with lights and other accessories required under Georgia law11 for operation on
streets may cost in excess of $7,000 up to $10,500.12
.04 Will LTVs usage produce significant environmental benefits for ARC
citizens?
The Augusta Chronicle reported in 2010 “Augusta is among the 25 worst cities for a certain type of air pollution even as other Georgia cities have improved, according to
a report from the American Lung Association released today. Although Augusta slid just under one standard from the Environmental Protection Agency, there is strong
consensus that standard should be set much lower.”13
In the association's "State of the Air 2010" report, the Augusta area's particle pollution is "just under a level that has been recognized by the courts and lots of
scientific groups as being unhealthy," said Janice E. Nolen, the assistant vice president for national policy and advocacy for the lung association. . . . Augusta was
23rd on the list of cities with the worst long-term levels of particle pollution. Yet its 14.8 micrograms per cubic meter was just under the EPA's threshold of 15 per cubic
meter. . . .14
However, the Chronicle reported recently that:
Stricter air quality standards proposed Friday for fine particle pollution are unlikely to jeopardize Augusta’s compliance with the U.S. Clean Air Act.
The Environmental Protection Agency’s plan is aimed at further reducing particle pollution, including soot, that can penetrate into lungs and contribute to heart attacks,
strokes and acute bronchitis, in addition to aggravated asthma among children.
Under the agency’s existing rule, adopted in 1997, particle pollution is limited to 15 micrograms per cubic meter on an annual average. The new standard would be set
between 12 and 13 micrograms per cubic meter.
Augusta-Richmond County Planning Director Paul DeCamp, who is also a member of
the CSRA Air Quality Alliance, said recent averages in this area already meet the new standard, thanks to pollution-reduction efforts already in place.
“In looking at our records, it doesn’t seem to indicate the proposed change in the
standards would result in a non-attainment designation for our area,” he said.
According to Georgia Environmental Protection Division monitors, particulate levels in
Augusta averaged slightly above 15 micrograms per cubic meter from 2003 to 2007 but have declined each year since to about 12 micrograms per cubic meter.
Efforts that have reduced local pollution include a May-to-October ban on outdoor burning.
Levels of another key pollutant – ground level ozone, which causes smog – have also
declined in recent years.
The federal ozone standard of 75 parts per billion over an eight-hour average is close
to being tightened to 70 parts per billion.
Although both Richmond and Columbia counties have flirted with non-attainment in past years, the downward trend in ozone levels has yielded 2011 levels of 70 parts
per billion in Augusta and 67 parts per billion in Evans. Aiken County monitors in
Trenton and Jackson yielded levels of 67 and 63 parts per billion, respectively.
10 http://www.buyerzone.com/residential/golf-cars/ar-prices-golf-carts/#prices2.
11 S.B. 240. See http://www.legis.ga.gov/legislation/en-US/Display/20112012/SB/240.
12 See e.g., http://www.roadratmotors.com/street-legal-golf-carts.
13 http://chronicle.augusta.com/news/health/2010-04-28/pollution-lands-augusta-area-air-report.
14 Id.
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We conclude the ARC has been doing an effective job in keeping the ARC from
falling into the non-attainment category. However, to continue to improve its air pollution indices, it behooves ARC to continue to focus on pollution sources, the foremost one being fossil fuel vehicular traffic. Achieving replacement of fossil fuel vehicular miles driven by electric powered LTVs, is a proven method to realize this
replacement.
.05 Is large scale deployment of LTVs feasible?
The answer to this question depends upon what is considered “large scale” and over
what period of time? Assuming sufficient encouragement and safety rules are established to yield confidence in the consumer that ARC is genuinely interested in
promoting the safe and meaningful access to a significant number of streets or corridors for the use of LTVs, it is submitted that over a period of five to ten years, several thousands of LTVs could eventually be replacing automobiles for short commutes and errands if the existing ordinance is broadened to allow the use of
LTVs on a wider scale. For example, set aside exclusive parking for LTVs has been demonstrated to encourage the use of LTVs.
.06 What specific provisions of a new ordinance enabling the wider use of LTVs on ARC streets will be necessary?
• A policy statement
• Definitions
• A significant increase in the number of public roads designated for LTV
operation over the few presently allowed
• Limitations and Safety Criteria
• Rules of the Road
• Registration, Proof of Insurance and Permit Process
• Enforcement of GCV transportation plan
• Exceptions
• Process for identifying and providing for additional roadways and corridors where LTVs may be allowed after ordinance is adopted
4. Time Table
You have indicated a need to have a draft ordinance for review this Fall and adopted
prior to calendar year end. The attached draft ordinance is for your review and consideration. After you have reviewed the draft we are available on reasonable
notice to assist you in whatever presentation may be required to help the Commission get comfortable with the proposed ordinance and to respond to comments, questions
or requests for changes.
In the interim, we recommend you request the Commission to appoint an ad hoc
traffic committee to study the most likely streets and corridors where the use of LTVs would be deemed reasonably safe provided adequate signage and separate lanes
where appropriate could be implemented. Presumably, the ad hoc committee would include one or more members of your staff and the Traffic Engineering Division Staff.
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Among other details to be considered by the ad hoc committee would be to provide licensees with a map identifying where LTV use is permitted and prohibited;
addressing parking of LTVs, initially without parking fees; and consideration of and recommendation respecting battery charging stations.
Once the ad hoc committee reports its findings, the Traffic Engineering Division Staff or other appropriate ARC staff will need to calculate the cost of funding the signage,
lane markers, publicity and other related matters. The funding costs then become a matter for the Commission to budget into its 2013 and subsequent year budgets.
We thank you for this opportunity to be of service to the citizens of ARC.
fls
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ILTVA/Augusta Ordinance/Memorandum.to.A.Mackenzie.082812.docx
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ORDINANCE NO. ________
AN ORDINANCE ADDING NEW DEFINITIONS TO SECTION 3-5-1 OF CHAPTER 5
MOTOR VEHICLES AND TRAFFIC; AND ADDING A NEW SECTION 3-5-86.
Operating a Light Transportation Vehicle on a public street, road or highway;
and deleting in its entirety the previously existing Section 3-5-86 entitled
Operating a Motorized Cart on a public street, road or highway.
Sec. 3-5-1 Definitions of Words and Phrases.
The following definitions are added to Section 3-5-1:
(b)(49)1 Light Transportation Vehicle. The following motor vehicles comprise the
classification of Light Transportation Vehicle: Motorized Carts, Personal
Transportation Vehicles; Light Utility Vehicles; and Low Speed Vehicles.
(b)(50) Personal Transportation Vehicle. Personal transportation vehicle or PTV
means any motor vehicle: with a minimum of four wheels; Capable of a maximum
level ground speed of less than 20 miles per hour; with a maximum gross vehicle
unladen or empty weight of 1,375 pounds; and capable of transporting not more than
eight persons.2
(b)(51) Light Utility Vehicle. A Light Utility Vehicle is any self-propelled, operator-
controlled, off-road vehicle 72 inches or less in overall width, exclusive of added
accessories and attachments, operable on three or more wheels, primarily intended
to transport material loads or people, with a gross vehicle weight of 5,500 pounds or
less, and a maximum average speed less than 25 miles per hour.3
(b)(52) Low Speed Vehicle. A low-speed vehicle (LSV) is any four-wheeled electric
vehicle whose top speed attainable in one mile is greater than 20 miles per hour but
not greater than 25 miles per hour on a paved level surface and which is
1 Consideration should be given to re-ordering the existing numbering of the definitions under Code § 3-5-1 to place them in alphabetical sequence. 2 Source: Ga. S.B. 240. Note: The terms “Motorized Carts” and PTVs are substantially identical excepting only that PTVs allow for a slighter higher weight. All Motorized Carts are by definition also PTVs. All PTVs
(excepting only those exceeding 1300 lbs) are Motorized Carts. Thus, until the Georgia Motor Vehicle Code is revised to eliminate the existing redundancy, there exists the necessity to reference both types of
vehicles. 3 Source: SAE J2258 Light Utility Vehicle Safety and Performance Standard. For purposes of the
proposed Code, Light Utility Vehicles should be considered Low Speed Vehicles respecting the equipment required.
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manufactured in compliance with those federal motor vehicle safety standards for
low-speed vehicles set forth in 49 C.F.R. Section 571.500 and in effect on January 1,
2001.4
(b)(53) Operate. Operate means to ride in or on, and control the operation of a
vehicle.
(b)(54) Operator. Operator means every person who operates, or is in actual
physical control of a vehicle.5
(b) (56) Public Property. Public property means property that may be used by the
public, subject to reasonable regulation by the Augusta-Richmond County
Commission. Such property includes city and county streets, sidewalks, city and
county parks, and city and county parking lots.
(b)(55) Controlled Operating Environment. Controlled Operating Environment means
(i) public property under the jurisdiction of the Augusta-Richmond County
Commission designated by it for LTV use, and the privately owned land of any owner
that consents to the Augusta-Richmond County Commission having jurisdiction to
regulate the operation of LTVs on private property; and (ii) areas in which the posted
speed for the road surface on which the LTVs operate does not exceed 25 mph.
Section 3-5-86 entitled Operating a Light Transportation Vehicle (LTV) on a
public street, road or highway.
(a) Purpose and Intent.
The purpose of this Section is to provide reasonable regulations for the use of LTVs
on public property in the city. This chapter is not intended to allow what the Georgia
state statutes prohibit nor to prohibit what the state statutes allow. It is intended to
provide for public safety and prevent public nuisance.
(b) Scope. It shall be unlawful for a person to operate any Light Transportation
Vehicle (LTV) upon a street, road, or public highway in Augusta Richmond County,
4 Source: O.C.G.A. § 40-1-1(25.1).
5 Consideration should be given to deleting the existing definition of (b)(9)“driver” as the term “Operator” is
more inclusive and consistent with existing ANSI golf car and PTV vehicle standards. However, we note the existing definition of “driver” is the same as the definition to be found in O.C.G.A. §40-1-1(14).
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except as specifically provided herein. Further, no person shall operate any LTV on
private property without the permission of the owner of such private property.
(c) Designation of public roads of Augusta Richmond County for LTV
operation; posting of signs.
(1) Pursuant to Section 40-6-331 and 40-6-360 of the Official Code of
Georgia, the Augusta Richmond County Commission may authorize by ordinance,
the operation of LTVs on designated public roads (Controlled Operating
Environments) within the jurisdiction of Augusta Richmond County after (i)
considering the speed, volume, and character of motor vehicle traffic using public
roads, and (ii) determining that LTV operation on particular roads is compatible with
state and local transportation plans and consistent with the state of Georgia’s
statewide pedestrian policy. No public road of Augusta Richmond County shall be
designated for use by LTVs if LTV operation will impede the safe and efficient flow of
motor vehicle traffic, or if the road's posted speed limit is greater than twenty-five
(25) miles per hour.
(2) All requests made to have specific roads designated for LTV use shall
be directed to the Traffic Engineering Division.
(3) Any public road of Augusta Richmond County designated for LTV
operations shall be posted with signs indicating this designation.6
(4) Maps that clearly indicate locations of Controlled Operating
Environments should be posted on Augusta Richmond County’s web site
[http://www.augustaga.gov] and be distributed or made available in printed form to all
known users.
(d) Limitations and Safety Criteria.
LTV operation on designated public roads of Augusta Richmond County shall be in
accordance with the following limitations:
6 O.C.G.A.§ 40-6-331(c) Ordinances establishing operating standards shall not be effective unless
appropriate signs giving notice are posted along the public streets affected.
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(1) No person shall operate a LTV on a public road of Augusta Richmond
County unless that road is designated for LTV operation and is posted with the
required sign(s).
(2) LTVs may only be driven on roads designated on a map maintained by
the Augusta Richmond County’s Traffic Engineering Division. The map shall also be
posted on the Augusta Richmond County website, distributed to LTV registrants and
made available in print form, to all known users. The Augusta Richmond County
Commission will periodically review the map. Citizens may request the addition of
specific roads to the map. The Augusta Richmond County’s Traffic Engineering
Division will review the request and recommend to the Commission whether to add
roads based on an assessment of traffic volume, topography, intersections and other
relevant public safety variables.
(3) No LTV shall be driven across any road at an intersection where the
road being crossed has a posted speed limit of more than thirty-five (35) miles per
hour.7 Any crossing should be conspicuously marked by signage and apparent to
oncoming motor vehicles.
(4) The maximum occupancy of a LTV traveling on roads will be one
person per designated seat.
(5) The use or consumption of alcoholic beverages or other mind altering
substances while operating or occupying a LTV on public roads is prohibited.
(6) No person shall operate any LTV on any designated public road of
Augusta Richmond County unless the person possesses a valid driver's license.
(7) LTV operators shall maintain their LTVs in a safe condition and ensure
that an unobstructed view to the rear is maintained at all times the LTV is in
operation on public roads.
7 O.C.G.A. § 40-6-331(d)(1) Motorized carts may cross streets and highways that are part of the state highway system only at crossings or intersections designated for that purpose by the Department of
Transportation.
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(8) Every person operating a LTV on a public roadway has the rights and
duties applicable to the driver or operator of any other vehicle under the provisions of
Chapters 58 and 69 of Title 40 of the Official Code of Georgia, as applicable.
(9) No LTV may be operated at a rate of speed greater than reasonable or
proper under all surrounding circumstances, but in no event at a speed greater than
20 miles per hour unless the vehicle is a low speed vehicle complying with FMVSS
500 in which case it may not be operated at a speed greater than 25 miles per hour.
(10) No LTV shall operate on a public roadway except between the hours of
30 minutes following sunrise and 30 minutes prior to sunset, except as otherwise
provided herein.10 Notwithstanding the foregoing, low speed vehicles may operate on
public roads at any time.11
(e) Rules of the Road.
(1) All LTVs are entitled to full use of a lane, and no motor vehicle shall be driven in such a manner as to deprive any LTV of the full use of a
lane.
(2) The operator of a LTV shall not overtake and pass in the same lane
occupied by the vehicle being overtaken.
(3) No person shall operate a LTV between lanes of traffic or between
adjacent lines or rows of vehicles.
(4) LTVs shall not be operated two or more abreast in a single lane.
8 Chapter 5 deals with Drivers Licenses. 9 Chapter 6 addresses Uniform Rules of the Road. 10 O.C.G.A. § 40-6-330. Hours Of Operation. Motorized carts may be operated on streets only during daylight hours unless they comply with the equipment regulations promulgated by the commissioner of
public safety." There presently do not exist any equipment regulations so promulgated. S.B. 240 signed by the Governor is intended to furnish the equipment required. However, the most conservative approach
would be that until O.C.G.A. § 40-6-330 is amended to substitute the equipment specified in S.B. 240, the most conservative approach is limiting operation of LTVs to daytime use. However, if the ARC General
Counsel opines that S.B. 240 being of a higher legislative order than any putative regulation not yet in being and that all Motorized Carts as defined in the Georgia Code constitute PTVs, then the ARC may
decide to allow use of LTVs during non-daytime hours. 11 O.C.G.A. § 40-6-360. Every person operating a low-speed vehicle shall be granted all the rights and shall be subject to all the duties applicable to the driver of any other vehicle under this chapter except as
to special regulations in this part and except as to those provisions of this chapter which by their nature can have no application.
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(f) Equipment. LTVs shall be equipped at a minimum with what is required under
O.C.G.A. § 40-1-1(43.1), i.e., (1) A braking system sufficient for the weight and
passenger capacity of the vehicle, including a parking brake; (2) A reverse warning
device functional at all times when the directional control is in the reverse position;
(3) A main power switch. When the switch is in the 'off' position, or the key or other
device that activates the switch is removed, the motive power circuit shall be
inoperative. If the switch uses a key, it shall be removable only in the 'off' position;
(4) Head lamps; (5) Reflex reflectors; (6) Tail lamps; (7) A horn; (8) A rearview
mirror; (9) Safety warning labels; and (10) Hip restraints and hand holds. If the LTV
is a Low Speed Vehicle it shall also be manufactured in compliance with those
federal motor vehicle safety standards for low-speed vehicles set forth in 49 C.F.R.
Section 571.500 and in effect on January 1, 2001 including without limitation the
required equipment and performance limit specified in S5(a) of Section 571.500
under the specified test conditions.12
(g) Registration, Proof of Insurance and Permit Process.
(1) A fee of $15.0013 to register a LTV for use on public roads will be charged
by the Augusta Richmond County Sheriff’s Office to cover the costs of implementing
and maintaining this Ordinance. LTV owners must complete the permit registration
form provided for the foregoing purpose. A granted permit will be valid for a period
up to one (1) year. A permit may be revoked for a violation of any provision of this
ordinance. The Sheriff’s Office will issue visible proof of compliance, (certification
decal), that must be attached to the driver's side of the LTV. The certification decal
shall remain permanently with the vehicle unless the vehicle is sold or the decal is
destroyed. The completed forms will be maintained by the Sheriff’s Office.
Registration shall be denied vehicles capable of seating more than eight persons.
(2) An education and information package describing the requirements of the
Augusta Richmond County LTV transportation program shall to be distributed with
the LTV registration decal.
12 See http://www.nhtsa.gov/cars/rules/rulings/lsv/lsv.html
13 $15.00 limitation presently imposed by O.C.G.A. § 40-6-331.
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(3) An LTV shall be insured as required by Georgia’s motor vehicle insurance
law, and the operator must carry proof of insurance when operating the LTV.
(h) Enforcement of LTV transportation plan; Sanctions.
The Augusta Richmond County Commission finds and determines that it shall
provide law enforcement for the GCV transportation plan and enforce the rules and
regulations of the Augusta Richmond County Municipal Code, and the Georgia Motor
Vehicles and Traffic Code. Any act constituting a violation of this Ordinance or a
failure to comply with any of its requirements shall subject the offender to a civil
penalty of one hundred dollars ($100.00), plus the court costs and attorneys’ fees
incurred by Augusta Richmond County. If the offender fails to pay the penalty within
ten (10) days of receiving final written notice of a violation, the penalty may be
recovered by the Sheriff’s Office in a civil action in the nature of a debt. Repeat
offenders may have the privileges granted by this Ordinance revoked.
(i) Exceptions.
The limitations set forth in subsection (d)(1) and (2) above shall not
apply to LTVs being operated as follows:
(1) To cross a road from one portion of a golf course to another portion thereof or to another adjacent golf course; or to travel between a person's home and golf course if (i) the trip would not be
longer than one mile in either direction; (ii) the speed limit on the road is
no more than twenty-five (25) miles per hour; and (iii crossing a road at
an intersection at crossings or intersections designated for that purpose by Augusta Richmond County where the road has a posted speed limit of not more than 35 miles per hour.
(2) To the extent necessary for Augusta Richmond County
employees and Augusta Richmond County contractors to fulfill a governmental purpose, or as otherwise authorized by Augusta Richmond County, provided the LTV is not operated on a public road of
Augusta Richmond County with a posted speed limit over thirty-five
(35) miles per hour;
(3) As necessary by employees of public or private institutions of higher education if operating on roads within the property limits of
such institutions, provided the LTV is being operated on roads with
speed limits of twenty-five (25) miles per hour or less.
j. City-County Operation.
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Augusta Richmond County is permitted to operate city-county owned LTVs for the
purposes of city-county maintenance, traffic enforcement or other city-county
business, on city-county streets as well as private property. Generally, these LTVs
shall be equipped with flashing yellow warning lights to the front and rear or a yellow
flashing light on top. The city shall be exempt from the permit requirements
contained in this ordinance.
k. Conflict with State Law
An ordinance adopted under this Section shall not conflict with or duplicate another
state law.
l. No Assumption of Liability. Nothing in this section shall be construed as an
assumption of liability by Augusta Richmond County for any injuries or death to
persons or property damage in connection with: 1) the operation of a LTV; 2) the
grant of an LTV permit; or 3) the failure by the City-County to revoke an LTV permit.
l. Effective Date.
This Ordinance shall become effective ____________.
ILTVA/Augusta Ordinance/Draft LTV Ordinance.082812
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