Did farm-equipment rules exempt Northwestern State University grounds vehicles from licensing on campus streets?

Plain-English summary

Northwestern State University's grounds department used tractors, mowers, backhoes, golf carts, and other equipment for campus maintenance. Campus police objected to using campus streets for motorized equipment without plates and inspection stickers. The requester argued that the farm-equipment provision, R.S. 32:385, exempted the equipment. The AG did not resolve that claim. It said the Department of Transportation and Development should first be consulted about a possible exemption and about a special permit under R.S. 32:387. The opinion also attached Opinion 98-309, which concluded that golf carts could not be driven on roads in Big Lake under the highway regulatory law discussed there.

Currency note

This opinion was issued in 2002. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did the AG exempt every campus grounds vehicle from licensing?
No. It advised consulting the Department of Transportation and Development about whether the equipment qualified for an exemption.

What did the AG say about golf carts?
It pointed to attached Opinion 98-309, which concluded that golf carts could not be driven on the Big Lake roads considered there.

Did the opinion mention a permit option?
Yes. It suggested consulting the department about a special permit under R.S. 32:387.

Background and statutory framework

The opinion identified R.S. 32:385 as the requested farm-equipment provision and R.S. 32:2(B) as the basis for DOTD enforcement of R.S. 32:380 through 32:389. It suggested asking DOTD about a possible exemption and a permit under R.S. 32:387. Attached Opinion 98-309 supplied the separate golf-cart analysis.

Citations and references

• Statutory references appear in the reproduced opinion below.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0066

Original opinion text

DEPARTMENT OF IUSTICE
P.O. Box 94005
RICHARD P. IEYOUB
TEL: (504) 342-7013
AI-I’ORN EY GENERAL 70804-9005 FAX: (504) 342-7335

February 26, 2002
OPINION 02-0066

50 ROADS
70 MOTOR VEHICLES
R.S. 32:385, R.S. 32:380 through R.S. 32:389; R.S. 32:2(B) The Department of Transportation and Development, having regulator,
Mr. John E. Winston
authority over the operation of motor vehicles on the highways of this state,
Northwestern State University should first be consulted regarding proper licensure of university equipment Natchitoches, Louisiana 71497 driven on campus for grounds maintenance.

Dear Mr. Winston:

You advise this office that Northwestern State University has a grounds department, which is under your jurisdiction. The grounds department is responsible for the care and upkeep of the campus which includes the pruning and removal of trees, cutting the hay on the farm and the collection and disposal of trash and other debris. To do their jobs, it is necessary that they use tractors, bush hogs, riding lawnmowers, weed eaters, trucks, backhoes, electrical golf carts and four wheelers with attached dumping beds. The golf carts are primarily used to transport the crews from one site to another while the four-wheeler dump carts are used for hauling trash and other debris.

Your campus police have requested that you no longer use the streets at Northwestern State University to get from one site to another when operating a motorized vehicle that does not require a license plate and inspection sticker. Except for the trucks, this would exclude almost everything you operate.

You take the position that since the university grounds department is responsible for the upkeep of the campus, that R.S. 32:385, concerning farm vehicles and equipment, would exempt the vehicles (tractors, bush hogs, riding lawnmowers, back hoes, golf carts, and four-wheelers) from requiring license plates and inspection stickers.

The Department of Transportation and Development is charged with the responsibility of enforcement of R.S. 32:380 through R.S. 32:389. See R.S. 32:2(B~ Thus, the department should first be consulted regarding the possible exemption of your equipment. Our research does reflect that this office has previously determined that the law prohibits the use of golf carts on highways. See copy of Attorney General Opinion 98-309, attached.

Further, you may also wish to consult the department regarding the issuance of a special permit under R.S. 32:387.

Page 2

Mr. John E. Winston
OPINION 02-0066
Page 2

We hope the foregoing I helpful to you. Should you have further questions, please contact this office.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

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Page 3

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One AmeriCan Piace
301 Mare Stree" Suite bOO
DEPARTMENT OF JUSTICE
P O Box 94003
CIVIL DIVISION
TEL (504~342-7013
FAX (504, 342-2090
BATON ROUGE

RICHARD P. I[~OUB
70804-9005

OPINION NUMBER 98-309

OPINION NO. 98-309

Honorable Daniel T. Flavin
50-ROADS
70-MOTOR VEHICLES-Control and Regulation State Representative, District 36
P.O. Box 6027
Golf carts cannot be driven on the roads in the
communi~, of Big Lake.
Lake Charles. Louisiana 70606

Dear Mr. Flavin:

This office is in receipt of your opinion request in which you present the following issue for our review: Whether golf carts can be used on the roads in the community of Big Lake in Cameron Parish? You indicate that you have received a letter from Ms. Michelle Fontenot with the House of Representatives Transportation, Highways and Public Works Committee informing you that golf carts could not be used on the streets in Big Lake. and you have asked this office for a clarification of the issue.

In her letter. Ms. Fontenot stated that certain municipal authorities and parish authorities had the power to adopt ordinances regulating traffic on some of the highways within their limits. However. this power is limited bv the Louisiana Highway Regulator?’ Act (LSA-R.S. 32:1 - 399). In other words, any ordinance adopted by a municipal or parish authority cannot be in conflict with the Louisiana Highway Regulator,.’ Act.

An analysis of the Louisiana Highway Regulatory Acts indicate thin it would prohibit the use of golf carts on the roads in Big Lake. As pointed out in Ms. Fontenot’s letter, the issue is whether a golf cart can be classified as a "’motor vehicle" under the Act. The Act defines "motor vehicle" in LSA-R.S. 32:1(40):

’Motor vehicle" means ever?’ vehicle which is self-propelled, and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, but excluding a motorized bike.

It is the opinion of this office that golf cans are motor vehicles as defined in the Act. Hence, all provisions in the Act which apply to motor vehicles also apply to golf carts. For instance, the Act requires that all motor vehicles be registered with the office of motor vehicles. See: LSA-R.S.
32:51. The office of motor vehicles has informed us that there is no method currently in effect to

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OPINION NO. 98-309
HonorabLe Daniel T. Fiavin
State Representative. District 36
Page -2-

register golf carts. Also, once a motor vehicle is registered with the office of motor vehicles, it must undergo an inspection and obtain an official certificate of inspection as regulated bv LSA-R.S. 32:1301, et seq. Golf carts do not possess all of the features needed to pass an inspection.

Other provisions of the Act which would prohibit the use of golf carts on highways include requirements that motor vehicles be equipped with head lamps (LSA-R.S. 32:303), tail lamps (LSA- R.S. 32:304). safeU’ glass (LSA-R.S. 32:359), windshield wiping and washing systems (LSA-R.S. 32: 356), mirrors (LSA-R.S. 32:354), proper exhaust systems (LSA-R.S. 32:352-353), etc. These pieces of equipment are required to be on any motor vehicle, and in addition, some are specifically governed as to the exact placement on the vehicle and how they should function.

In conclusion, it is the opinion of this office that since golf carts do not meet the requirements of the Louisiana Highway Regulator3’ Act. could not pass an inspection, and could not be registered and licensed ~’ith the office of motor vehicles, they cannot be driven on the roads in the community of Big Lake in Cameron Parish. It is also the opinion of this office that an ordinance allowing the use of golf carts on the roads of Big Lake would violate the Louisiana Highway Regulator3. Act.

We hope this sufficiently answers your questions, but should you have an), further questions, please contact this office.

Ver3, truly yours,

R1CHARD P. IEYOUB
ATTORNEY GENERAL

BY: k-EWIORY IELTON, JR.,
ASSIS" ATTORNEY GENERAL

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