Golf carts

janc
Newbie
Newbie
Posts: 2
Joined:

Golf carts

Unread post by janc on

I can't find the category for this post so I'm posting it here.

Two questions...

1. Are golf carts considered a 'vehicle' under the Highway traffic act? I know carts can't drive across roads or on roads but if you try to bring one from the USA into Canada they are considered a 'vehicle'.

2. If you are on private property are you allowed to carry 'opened' alcohol in your golf cart? I know golf courses can do it if they have an amendment? to their liquor licence. By 'private property' I mean a private campground.

There is a licensed area in this private campground and I know you can't take alcohol out (or into) the licensed area. I'm wondering about the other areas of the campground. I know you can drink at your campsite.
Thanks. Jan


User avatar
Simon Borys
VIP
VIP
Posts: 1065
Joined:
Contact:

Unread post by Simon Borys on

janc wrote:1. Are golf carts considered a 'vehicle' under the Highway traffic act? I know carts can't drive across roads or on roads but if you try to bring one from the USA into Canada they are considered a 'vehicle'.
Yes, they are a vehicle under the HTA when on roads in Ontario. If you are asking about regulations regarding buying one and bringing it across the boarder your best bet is to check with Customs.
janc wrote:2. If you are on private property are you allowed to carry 'opened' alcohol in your golf cart? I know golf courses can do it if they have an amendment? to their liquor licence. By 'private property' I mean a private campground.
On private property you can have open alcohol in a golf cart. The Liquor Licence Act doesn't cover that. But you are still subject to criminal laws on impaired driving on private property. You will have to check to be sure which areas of the campground are private property and which are not.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


User avatar
hwybear
Moderator
Moderator
Posts: 2933
Joined:
Location: In YOUR rearview mirror!

Moderator

Unread post by hwybear on

Liquor Licence Act
31. (1)
“residence” means a place that is actually occupied and used as a dwelling, whether or not in common with other persons, including all premises used in conjunction with the place to which the general public is not invited or permitted access, and, if the place occupied and used as a dwelling is a tent, includes the land immediately adjacent to and used in conjunction with the tent.

Unlawful possession or consumption
(2) No person shall have or consume liquor in any place other than,
(a) a residence;
(b) premises in respect of which a licence or permit is issued; or
(c) a private place as defined in the regulations

Liquor Licence Act, Ont Reg 718
Private Place
3. (1) For the purposes of clauses 30 (13) (a) and 31 (2) (c) of the Act,
“private place” means a place, vehicle or boat described in this section.
(2) An indoor place to which the public is not ordinarily invited or permitted is considered to be a private place except at the times when the public is invited or permitted access to it.
(3) Despite subsection (2), an indoor place that is available for rental by members of the public for occasional use is not a private place.
(4) A motor vehicle equipped with sleeping accommodation and cooking facilities is considered to be a private place while it is parked and being used as a residence.
(5) Despite subsection (4), a motor vehicle is not considered to be a private place while it is on a highway
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


User avatar
hwybear
Moderator
Moderator
Posts: 2933
Joined:
Location: In YOUR rearview mirror!

Moderator

Unread post by hwybear on

private campground - I would say that you can not have alcohol off of your designated "site".

Under definition of residence, there is this little clause: "including all premises used in conjunction with the place to which the general public is not invited or permitted access".

IMO the public does have access and is invited (typical tourist campground), therefore is not a residence.

If it is truly a private campground, where each person pays a rental/lease fee for the season, the campers are not transient in nature, there is no advertisements for the campground, then the public is "not invited" and it would be a residence.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


janc
Newbie
Newbie
Posts: 2
Joined:

Unread post by janc on

Thanks everyone for the replies.

Your reply: Yes, they are a vehicle under the HTA when on roads in Ontario.

My understanding is that golf carts cannot travel on roads in Ontario as they do not meet the required safety specifications and, therefore, are not considered a 'vehicle'.

Regarding the 'private park'. In our park you have to be a member, or pay day fees ,and no one from the general public is allowed in without meeting those criteria. My understanding is that none of the park is a public place and because it is a residence, when you are sleeping there, and you have accomodations to sleep there, that the entire park is your residence.

However it is clear that the park owner can make specific alcohol related rules about drinking off your site if they so wish. I'm just trying to find out what the Liquor License Act covers, and doesn't cover.

So far we've established that the LLA has no juristiction outside of the licenced area. You can't drink in a public place and the police can be
called at any time, even on private property.

So if this is a 'private' campgroud then you can carry 'open ' liquor in your golf cart as it is considered your 'residence'. No one really gets drunk here but we like to visit other people on other campsites.

Jan


User avatar
Simon Borys
VIP
VIP
Posts: 1065
Joined:
Contact:

Unread post by Simon Borys on

janc wrote:My understanding is that golf carts cannot travel on roads in Ontario as they do not meet the required safety specifications and, therefore, are not considered a 'vehicle'.
You are right in that it is not supposed to travel on the roads in Ontario because it does not meet the minimum safety standards, however if someone chooses to do so, it would be considered a motor vehicle for the purpose of laying charges. This means it would need a proper class licence, plates, permit, insurance, lights, safety features, etc and if you don't have them (which you won't) then you can get all the tickets.
janc wrote:Regarding the 'private park'. In our park you have to be a member, or pay day fees ,and no one from the general public is allowed in without meeting those criteria. My understanding is that none of the park is a public place and because it is a residence, when you are sleeping there, and you have accomodations to sleep there, that the entire park is your residence.

However it is clear that the park owner can make specific alcohol related rules about drinking off your site if they so wish. I'm just trying to find out what the Liquor License Act covers, and doesn't cover.

So far we've established that the LLA has no juristiction outside of the licenced area. You can't drink in a public place and the police can be
called at any time, even on private property.

So if this is a 'private' campgroud then you can carry 'open ' liquor in your golf cart as it is considered your 'residence'. No one really gets drunk here but we like to visit other people on other campsites.
With regards to your park it sounds like it is private property for the purposes of the LLA and thus you should be able to have open alcohol, alcohol in vehicles, etc. Basically the LLA would not apply and you would not need a liquor licence. However the campground, being a business, can make whatever rules it wants and can have them enforced under the Trespass to Property Act if they are properly advertised on signs.[/quote]
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


wonderfred
Newbie
Newbie
Posts: 1
Joined:

Unread post by wonderfred on

i just felt the need to clarify a couple of points mentioned by others that may have been made in error.

Actually there is a specific regulation in
the LLA that covers open alcohol in golf carts. and it overrides 32(1). The
driver just cannot drive while holding onto a drink. Sec. 75 Regulation 719

As for sec. 32(1) (drive with open liquor) you must be talking to rookies, because no where does it
say that it doesn't apply to private property. This can be enforced on private property..i.e. someone driving with an open beer on a private trail..or in their driveway. And yes, in a golf cart in aprivate park is illegal too!! Common sense is usually used when it comes to enforcement.

Just food for thought....






Post Reply

Return to “Other Ontario Provincial Acts Related to Traffic”