Could a South Carolina golf cart owner let an unlicensed child or employee drive the permitted cart on public streets in 2006?

Plain-English summary

In 2006, the South Carolina Attorney General said a golf cart owner's permit and valid driver's license did not let the owner designate an unlicensed person to drive the cart on a public street. The opinion treated a golf cart as a motor vehicle for the general licensing rule. An agent, employee, or child operating it under the golf cart permit needed a valid driver's license unless a statutory exemption applied.

The statute then allowed permitted golf carts on specified secondary roads within a short distance of the owner's home or business during daylight hours. The letter's answer concerned who could drive under that permission, not every restriction on where a cart could travel.

Currency note

This opinion was issued in 2006. 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 the owner's license cover an employee driving the cart?
A: No. The opinion said the employee had to have a driver's license or fit a licensing exemption.

Q: Could an unlicensed child drive because the owner had a permit?
A: No. The Attorney General said the child's own licensing status controlled.

Q: Why did the general driver licensing rule apply?
A: The office relied on an earlier opinion treating a golf cart as a motor vehicle under that rule.

Background and statutory framework

The letter read the golf cart permit provision together with the general motor vehicle licensing statute and earlier Attorney General opinions. It also quoted the then-existing rules for when a minor could receive a driver's license.

Citations and references

The linked opinion quotes the former golf cart permit and licensing provisions and cites prior office interpretations.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/june-7-2006-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/06jun7king000.pdf

Original opinion text

HENRY M CMASTER
ATI'ORNEY GENERAL

June 7, 2006

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David B. King, Chief of Police
Town of Honea Path
30 North Main Street
Honea Path, South Carolina 29654
Dear Chief King:
In a letter to this office you raised questions regarding the interpretation of S.C. Code Ann.
§ 56-3-115 which states

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The owner of a vehicle commonly known as a golf cart, if he has a valid driver's license, may obtain a permit from the Department of Motor Vehicles upon the payment of a fee of five dollars and proof of financial responsibility which permits his agent, employees, or him to (1) operate the golf cart on a secondary highway or street within two miles of his residence or place of business during daylight hours only; and (2) cross a primary rughway or street while traveling along a secondary highway or street within two miles of his residence or place of business during daylight hours only. You have asked if an owner of golf cart has a valid driver's license, proof of financial responsibility and a permit from the Department of Motor Vehicles, can he designate or permit his agent, employees or any other person, such as a child, to operate the golf cart if that designee does not have a valid driver's license. You also specifically questioned whether a child can operate a golf cart as permitted by Section 56-3-115. A prior opinion of this office dated April 22, 2004 referenced the definition of a "motor vehicle" as set forth in S.C. Code Ann. § 56-1-10 which states that a ''motor vehicle'' includes " ... every vehicle which is self-propelled, except ' moped' as defined in Article 9 of this chapter." A prior opinion of this office dated October 6, 1998 concluded that a golf cart came within the

Chief King
Page 2
June 7, 2006

definition of a "motor vehicle" for purposes of such provision. The 2004 opinion referenced S.C. Code Ann. § 56-1-20 which states that

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... no person, except those expressly exempted in this article, shall drive any motor vehicle upon a highway in this State unless such person has a valid motor vehicle driver's license issued to him under the provisions of this article. S.C. Code Ann.§ 56-1-30 specifically exempts certain individuals from licensing requirements. The 2004 opinion concluded that
.. .inasmuch as a golf cart comes within the definition of a motor vehicle, in order to drive the golf cart upon the highways or streets as permitted by Section 56-3-115, an individual must be licensed unless exempted by Section 56-1-30. Therefore, in addition to the requirement that the owner be licensed, any agent or employee of the owner must be licensed as well in order to drive the golf cart on the streets or

Another opinion ofthis office dated April 4, 1995 had concluded that an operator could not authorize an individual who is not a licensed driver to operate a golf cart on a street or highway as statutorily permitted.

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Consistent with such, in my opinion the owner of a golf cart even if has a valid driver's license, proof of financial responsibility and a permit from the Department of Motor Vehicles may not designate or permit his agent, employees or any other person, such as a child, to operate the golf cart ifthat designee does not have a valid driver's license. S.C. Code Ann.§ 56-1-40 states that the Department of Motor Vehicles may not issue a driver's license to an individual
... who is under seventeen years of age, except that the department may issue a license to a sixteen-year-old who is licensed to drive pursuant to Section 56-1-175 after one year from the date of the issuance of the conditional license, if the driver has not been convicted of a traffic offense or has not been involved in an accident in which he was at fault during that period. However, the department may issue a beginner's permit as provided in Section 56-1-50 to a person who is at least fifteen years of age and meets the requirements of that section. The department also may issue a special restricted driver's license to a person who is at least sixteen years of age and less than seventeen years of age as provided in Section 56-1-180 and meets the requirements of that section .... Unless a child is permitted by Section 56-1-40 to obtain a driver's license, he or she would not be permitted to operate a golf cart as authorized by Section 56-3-115.

Chief King
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June 7, 2006

With kind regards, I am

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Charles H. Richardson
Senior Assistant Attorney General

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REVIEWED AND APPROVED BY:

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D. Cook
Assistant Deputy Attorney General

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