Were city owned golf carts or ATVs exempt from South Carolina vehicle registration rules?

Plain-English summary

North Myrtle Beach public safety officials asked whether municipal ownership excused golf carts and four wheelers from vehicle rules. The AG said the golf cart permit requirement had no municipal ownership exemption.

For ATVs, the opinion relied on an earlier AG opinion and the office's understanding that the DMV did not register or license them because they were not designed as road vehicles. Without registration and licensing, the AG said city owned ATVs could not be driven on public highways; municipal ownership created no exception.

Currency note

This opinion was issued in 2007. 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

Q: Did a city owned golf cart need a DMV permit?
A: The AG said it knew of no exemption for municipal golf carts from the permit requirement discussed in the opinion.

Q: Could a city register its ATV for use on a public highway? A: The opinion said the DMV did not register or license ATVs as road vehicles, and the AG knew of no city ownership exception.

Q: Could a city drive an ATV on a state public roadway? A: Under the understanding stated in the opinion, no: the lack of registration and licensing prevented public highway operation.

Background and statutory framework

The short opinion applied the golf cart permit statute and incorporated a January 5, 2006 AG opinion on ATVs. Its conclusion concerned municipal ownership and public roadways; it did not analyze other ATV uses.

Citations and references

The opinion discussed S.C. Code Ann. § 56-3-115 and S.C. Code Ann. § 56-3-110.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/july-3-2007/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/strickland-b-v-7-3-07-os-8414-golf-carts-and-four-wheelers-ATVs-owned-by-municipality.pdf

Original opinion text

July 3, 2007

B. V. Strickland, Commander of Operations
North Myrtle Beach Department of Public Safety
1015 2nd Avenue South
North Myrtle Beach, South Carolina 29582
Dear Commander Strickland:
In a letter to this office you questioned whether golf carts and four wheelers (ATVs) are exempt from Department of Motor Vehicle registration if owned by a municipality. Pursuant to S.C. Code Ann. § 56-3-115, the owner of a golf cart must obtain a permit from the Department of Motor Vehicles which permits the owner to operate the golf cart on highways or streets as specifically authorized by such provision. I am unaware of any exemption for golf carts owned by a municipality. As to registration of ATVs, a prior opinion of this office dated January 5, 2006, a copy of which is enclosed, determined that while generally, motor vehicles, which would include an ATV, must be registered as required by S.C. Code Ann. § 56-3-110, it is our understanding that the Department of Motor Vehicles will not register or license an ATV. As stated in that opinion, it is our information that “...such registration and licensing are denied because it has been determined that ATVs are not designed to be road vehicles.” I am unaware of any exemption or variance for an ATV owned by a municipality. You also questioned whether ATVs may operate on State public roadways if owned by a municipality. As stated in the January 5, 2006 opinion, it is the understanding of this office that the State “...will not register or license ATVs. Without such registration and licensing, ATVs cannot be operated on public highways of this State.” Again, I am unaware of any exemption or exception for an ATV owned by a municipality.

Commander Strickland
Page 2
July 3, 2007
With kind regards, I am,
Very truly yours,
Henry McMaster
Attorney General

By:
Enclosure
REVIEWED AND APPROVED BY:

______
Robert D. Cook
Assistant Deputy Attorney General

Charles H. Richardson
Senior Assistant Attorney General