Georgia Golf Cart Laws:

In the absence of a local ordinance, which Braselton and or Gwinnett County do not have, pursuant to subsection (a) of Code Section 40-6-331 the following laws apply to Golf Carts:

 

A golf cart is legally defined as a motorized vehicle and may operate on roadways when all of the following elements of law are met:

1.The operator is 16 years or older and possesses a valid driver’s license to operate a motor vehicle

 

2.Occupants: Children under the age of 6 prohibited from riding as a passenger, for

“a child passenger restraining system” shall be provided in all passenger vehicles

(O.C.G.A. 48-8-76). Occupants must only ride in a proper seat position; and (O.C.G.A. 40-5-20 and Coker v. State, Georgia Court of Appeals. June 13, 2003);  

 

3.Operate during daylight hours only (O.C.G.A. 40-6-330). May, however, operate at

night if they meet the equipment requirements of 49 Code of Federal Registry 571.500: headlights, taillights, brake lights, and turn signals; and

 

4.Operate only on a roadway with a posted maximum speed limit of 35 MPH or less

(O.C.G.A. 40-6-362); and

 

5.Impeding the normal flow of traffic is prohibited: a golf cart or other may not drive

“at such a slow speed as to impede the normal and reasonable movement of traffic”

(O.C.G.A. 40-6-184), e.g., operating in a 35 mph zone that prevents a following vehicle from driving the posted speedlimit.

 

In addition, the following key points were identified during this process for the benefit of all Braselton residents:

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1.Braselton Police will not patrol the Gates of Braselton for Golf Cart violations as we are a private community. They will however respond to any incidents when called and enforce any applicable laws depending on the severity of the violation.

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2.Parents or the legal guardian arelegally responsible for any incident involving a minor. The Braselton Police, depending on the severity of the incident, will address the situation if called and enforce any applicable laws against the minor, legal guardian or both.

 

3.Golf Carts are classified in the same manner as a passenger Car or Truck. Therefore any incident involving a golf cart where the operator is under the influence of any substance can carry the same penalties as if the

incident occurred in a passenger car.

 

4.In the State of Georgia regardless of Police involvement or penalties enforced by law enforcement, any incident involving a golf cart, depending on the severity, does expose the operatorto liability and potential litigation.