Quote:
Originally Posted by Dougout
A traffic law will refer with specificity where it applies. Most traffic laws will state "highways" in their language or "roadway" or a few state "private property". You then have to refer to the Vehicle Code definations for those words to determine just what is a highway, roadway etc.
So some laws apply to highways, some roadways and some private property etc. I doubt that our rec paths fall into the definition of "highway" so any law that applies to a highway would not apply there. In order to determine what traffic laws if any can be enforced on our rec paths you need to consult a FL Vehicle Code. You would look at the definitions to see where our rec paths fall and then then look at the individual sections to see if they cover the type of roadway that the rec path is determined to be by definition.
I am using terms here from the PA Vehicle Code but the FL law would be similar.
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I hear what you're saying, but I don't find your argument persuasive. Automobile laws are written addressing their operation being on "streets, roadways, and highways". So, you're saying that if I drive my automobile on a sidewalk or a multi-modal path within The Villages, the police can't give me a citation? I disagree.
It is partly defined in Florida statute that a "golf cart" is a motor vehicle that does not exceed 20 mph. Low speed vehicles (LSV) are also partly defined in Florida statute as going faster than 20 mph. Agreed? (If you want to see the specific citations, I can lead you to them). It's further stated in Florida statute that LSV's must be registered and can only be driven by licensed drivers. Go to:
http://laws.flrules.org/1999/163. If the link doesn't work cut/paste the address into your browser.
See Section 316.2122 (1) (which I cut/pasted here)
"(1)
A low-speed vehicle may be operated only on streets where the posted speed limit is 35 miles per hour or less. This does not prohibit a low-speed vehicle from crossing a road or street at an intersection where the road or street has a posted speed limit of more than 35 miles per hour."
I put the first sentence in
bold, but the operative word in the sentence is "
only". An LSV may be operated
only on streets where the posted speed limit is 35 miles per hour or less.
My read of this statute indicates I can not legally operate my LSV on a sidewalk or multi-modal path.
I'm not a lawyer, but in my work life I had to frequently reference Civil Service Law and many union contracts. Therefore, I tend to refer to laws and other legal agreements when I have confusion or question issues.
Since Bogie Shooter and others on this forum have frequently stated that the police "have no authority" on the multi-modal paths, and since I don't understand why that is so, I looked up some laws.
Please note that I'm not commenting on what is (in my opinion) a reasonable or safe speed limit in a golf cart. I'm sticking with the laws, which are binding.
I could be wrong. I readily acknowledge I'm never right 100% of the time.
I ask that Bogie Shooter and/or others show me in Florida law where it states that the police have "no authority on multi-modal paths". I'm ready to be corrected.