As of September 1st, 2009 the state of Texas is no longer registering or licensing golf carts.  State vehicle registration lasts for 1 year from the date of issuance. Registration issued to golf carts prior to September 1, 2009, will remain valid until expiration but will not be renewed after expiration.

Since the State of Texas does register and license Neighborhood Electric Vehicles, I believe that the people who are currently operating the illegal gypsy golf cart taxi service will fairly soon transition to NEVs.  The 78th and 79th Texas Legislature modified rules for NEVs.  Under Texas law a NEV is any vehicle subject to Federal Motor Vehicle Safety Standard 571.500.

The Texas Department of Transportation issued registration and title bulletin #001-09 on Jan 12, 2009 interpreting these new rules and giving the following explanation:

A “neighborhood electric vehicle” is a motor vehicle that:

• is originally manufactured to meet, and meets, the equipment requirements and safety standards established for “low speed vehicles” in Federal Motor Vehicle Safety Standard 500 (49 C.F.R. §571.500),
• has four wheels,
• does not have to be powered by electricity (other power sources, such as gasoline, are acceptable),
• is a slow-moving vehicle, being able to attain a speed of more than 20 miles per hour but not more than 25 miles per hour, and
• is not a golf cart (designed by the manufacturer primarily for transporting persons on a golf course).

I expect that the operators of the illegal gypsy golf cart taxi business will request that they be allowed to operate a ground transportation service based on their new type of vehicle.

NEVs should be a permissible ground transportation service vehicle.  The City of Austin codifies the rules for ground transportation businesses in Austin City code 13-2.  Neighborhood Electric Vehicles are regulated and licensed as motor vehicles under Texas law.  Because of this classification, ground transportation service providers using such vehicles should be required to get a taxi franchise from the City of Austin.  Lumping regulation of NEVs in to Austin City Code 13 section 2 subpart E  for “non-motorized” vehicles is entirely inappropriate.  This section is reserved for horse carriages, and pedicabs and should not be extended to vehicles with a gross vehicle weight of 3000 lbs and capable of traveling 25 miles per hour.

Further there is no need to create a new category for NEVs when an appropriate one already exists.  Some small modifications to 13-2-142 and other possibly other sections may be necessary such as exemption form heating and air conditioning requirements.  If this or any other changes to 13-2 have to be made will of course be reviewed by city staff and legal services.  These changes may then have to be presented to city council for approval.