Can a Virginia university let its employees drive utility vehicles on public streets running through campus, even if the city has not designated those streets for that use?

Plain-English summary

The Lynchburg City Attorney asked the AG about a recurring campus-operations question: a four-year college within the City of Lynchburg has several public highways running through its property, and the college wants to let its employees drive utility vehicles (the small four-wheel work vehicles ubiquitous on campuses) on those public roads. None of those roads have been designated by the City for golf cart or utility vehicle use. The college argued that the § 46.2-916.3(B)(3) exemption for higher-ed employees, which allows operation at posted speed limits up to 35 mph, gave them authority to drive on the public roads regardless of City designation. The City disagreed. The AG sided with the City.

Article 13.1 of Title 46.2 governs golf carts and utility vehicles on public highways. Three key statutes:

• § 46.2-916.1: No one may operate a golf cart or utility vehicle on a public highway except as provided in Article 13.1.
• § 46.2-916.2: A locality "may authorize the operation of golf carts and utility vehicles on designated public highways within its boundaries." No portion of any public highway may be designated unless the governing body has reviewed and approved that highway usage based on speed, volume, character of traffic, consistency with transportation plans, and the Statewide Pedestrian Policy. Local signage is required.
• § 46.2-916.3(A)(1): On designated highways, the posted speed limit must be 25 mph or less.

The § 46.2-916.3(B)(3) higher-ed exemption is a speed-limit exemption, not a designation exemption. Subsection (B)(3) provides that the 25-mph posted speed limit "shall not apply" to golf carts and utility vehicles being operated as necessary by employees of public or private two-year or four-year institutions of higher education where the public highway is within the property limits of the institution, provided the posted speed limit is 35 mph or less. The opinion read this carefully: the exemption applies "on designated public highways." It changes the maximum permissible posted speed limit on designated highways from 25 mph to 35 mph for institutional employees within the institution's property. It does not waive the underlying requirement that the locality designate the highway in the first place.

Statutory construction supports this reading. Reading the three statutes in pari materia (Prillaman) and giving each effect, § 46.2-916.1 bars golf cart and utility vehicle operation on public highways except as Article 13.1 authorizes. The Article 13.1 authorization runs through § 46.2-916.2 (locality designation required) and § 46.2-916.3 (operational rules on designated highways). The institution-of-higher-education exemption is one of the operational rules; it sits inside the designation framework, not outside it.

Practical implication. If the college wants its grounds crews to drive utility vehicles on public roads through campus, it needs to ask the City to designate those roads under § 46.2-916.2. The City conducts the review (speed, volume, character), approves designation, and posts the signs. Then the college can operate utility vehicles, with the 35-mph speed cap applying to its employees within the property limits. Without designation, employee operation on those public roads is unauthorized.

Currency note

This opinion was issued in 2014. 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.

Article 13.1 of Title 46.2 has been amended since 2014. Virginia has expanded golf cart and low-speed vehicle authority in several local jurisdictions through both general and special legislation. Any college operating utility vehicles on public highways today should consult the current statutes and any applicable local ordinances.

Common questions

What is the difference between a golf cart and a utility vehicle under Virginia law?
Section 46.2-100 defines both. A "golf cart" is generally a vehicle designed and intended for golf course use. A "utility vehicle" is a motor vehicle designed for off-road use that typically has features like four-wheel drive, low-speed top end, and a cargo bed. Both are distinct from "motor vehicle" in some respects but share the § 46.2-916.1 restrictions for on-road use.

Why can't institutions just use private internal roads?
Many can, and do. The statute applies to public highways. Internal campus roads that are not public highways are not subject to Article 13.1. The question arises when the institution has public roads running through it.

How does the locality designate a highway?
Under § 46.2-916.2, the local governing body (city council or county board of supervisors) reviews the speed, volume, and character of traffic on the highway, ensures consistency with transportation plans and the Statewide Pedestrian Policy, and approves the highway for golf cart/utility vehicle use. The locality also posts signage on the designated highways.

Who can grant the designation?
Only the governing body (city council or board of supervisors). Not an administrative official like a city manager or traffic engineer.

What about driver's license and lighting requirements?
Other restrictions in § 46.2-916.3 apply on designated highways: the driver must have a valid driver's license, and vehicles may operate only between sunrise and sunset unless properly equipped with lights.

Does the speed-limit exemption help golf carts (vs utility vehicles)?
The § 46.2-916.3(B)(3) exemption applies to "golf carts and utility vehicles" both, when operated by higher-ed employees within institution property limits. So both vehicle types get the 35-mph cap raised from 25 mph if the highway is designated.

What about hospitals, country clubs, or other facilities with public roads through them?
The § 46.2-916.3(B)(3) exemption is specific to institutions of higher education. Other Virginia statutes may provide other exemptions for specific facility types; check the current Article 13.1 provisions.

Background and statutory framework

• Va. Code § 46.2-916.1: General prohibition on operating golf carts or utility vehicles on public highways except as Article 13.1 authorizes.
• Va. Code § 46.2-916.2: Locality designation requirement; review criteria; signage requirement.
• Va. Code § 46.2-916.3(A)(1): 25-mph maximum posted speed limit on designated highways.
• Va. Code § 46.2-916.3(B)(3): Institution-of-higher-education employee exemption; 35-mph cap; applies only "on designated public highways" within institution property limits.
• Va. Code § 46.2-100: Definitions including "golf cart," "utility vehicle," and "highway."

The interpretive moves:

• The three Article 13.1 statutes form a single framework.
• Plain language of § 46.2-916.2 vests designation authority with the local governing body.
• The § 46.2-916.3(B)(3) exemption is for the speed cap, not the designation requirement.
• In pari materia construction requires giving effect to all three statutes.

Citations

• Va. Code §§ 46.2-100, 46.2-916.1, 46.2-916.2, 46.2-916.3
• Davenport v. Little-Bowser, 269 Va. 546 (2005)
• Jackson v. Fidelity & Deposit Co., 269 Va. 303 (2005)
• Prillaman v. Commonwealth, 199 Va. 401 (1957)

Source

• Landing page: https://www.oag.state.va.us/annual-reports-opinions/official-opinions
• Original PDF: https://www.oag.state.va.us/files/Opinions/2014/14-068_Erwin.pdf

Original opinion text

COMMONWEALTH of VIRGINIA
Office of the Attorney General
Mark R. Herring
Attorney General

900 East Main Street
Richmond, Virginia 23219
804-786-2071
FAX 804-786-1991
Virginia Relay Services
800-828-1120
7-1-1

December 18, 2014

Walter C. Erwin, III, Esquire
City Attorney, City of Lynchburg
City Hall
900 Church Street
Lynchburg, Virginia 24504

Dear Mr. Erwin:

I am responding to your request for an official advisory Opinion in accordance with § 2.2-505 of the Code of Virginia.

Issue Presented

You ask whether an institution of higher education located within a city has the authority to allow its employees to operate utility vehicles on public highways within the institution's property limits if the city has not designated the highways for such use.

Response

It is my opinion that an institution of higher education within a city may not allow its employees to operate utility vehicles on public highways within the institution's property limits unless the city has designated and posted the highways for such use following an appropriate review.

Background

You relate that there is a four-year institution of higher education located within the City of Lynchburg. Several public highways are located on the campus, and none of them have been designated by the city for use by utility vehicles. The institution wishes to allow its employees to drive utility vehicles on these highways. Because the City and the institution have different interpretations of the applicable law, you seek guidance from this Office.

Applicable Law and Discussion

The operation of golf carts and utility vehicles on public highways is governed by the provisions of Article 13.1 of Chapter 8 of Title 46.2. Principles of statutory construction dictate that, while these provisions are to be construed according to their plain meaning, they are not to be read in isolation, but rather are to be considered in pari materia.

The first principal statute is § 46.2-916.1. It provides that "[n]o person shall operate a golf cart or utility vehicle on or over any public highway in the Commonwealth except as provided in this article [Article 13.1, titled 'Golf Cart and Utility Vehicle Operation']."

The next principal statute, which is also in Article 13.1, is § 46.2-916.2. With certain conditions, it allows "[t]he governing body of any county, city or town . . . [to] authorize the operation of golf carts and utility vehicles on designated public highways within its boundaries . . . ." It further emphasizes the necessity of local governmental approval by stating, "[n]o portion of the public highways may be designated for use by golf carts and utility vehicles unless the governing body of the county, city, or town in which that portion of the highway is located has reviewed and approved such highway usage." That review is to encompass the "speed, volume and character" of traffic on the highway and a determination that the operation of golf carts or utility vehicles is consistent with state and local transportation plans and the Commonwealth's Statewide Pedestrian Policy. If certain highways are designated by a locality for such use, signage must be posted by the locality.

In enacting these provisions, the General Assembly clearly vested sole and exclusive authority to designate public highways for golf cart or utility vehicle usage with local governing bodies, and even then only subject to certain restrictions. One restriction relevant to this analysis is imposed by a third principal statute, § 46.2-916.3(A)(1), which provides that a locality is authorized to allow a golf cart or utility vehicle to be operated on a designated highway only where the posted speed is limit is 25 miles per hour or less.

A statutory exemption from the 25-miles-per-hour posted maximum speed limit on designated highways is set forth in § 46.2-916.3(B)(3). It provides that this maximum posted speed limit "shall not apply" to golf carts and utility vehicles being operated as necessary by employees of public or private two-year or four-year institutions of higher education where the public highway is within the property limits of such institution, provided the posted speed limit is 35 miles per hour or less. This exemption applies only "on designated public highways." It does not remove the requirement that a local governing body designate a public highway for golf cart and utility vehicle use before such use is legal. It merely changes the maximum permissible posted speed limit for such designated highways from 25 miles per hour to 35 miles per hour for public highways within the property limits of institutions of higher education, and even then only when the golf cart or utility vehicle is being operated "as necessary by employees." If a highway has not been "designated" by the local governing body for such use, then this exemption does not apply, and neither employees of the institution nor anyone else may legally operate golf carts or utility vehicles on public highways there.

In short, the exemption created by § 46.2-916.3(B)(3) merely allows employee-operated utility vehicles to operate on highways within the campus of an institution of higher education with a higher posted speed limit than would otherwise be applicable, but it does not negate the clear statutory mandate of § 46.2-916.2 that no utility vehicle be operated on any public highway unless the locality has first designated and posted the highway for such use. The three key statutes within Article 13.1, as discussed above, compel this conclusion both by their plain meaning and when they are considered in pari materia.

Conclusion

Accordingly, it is my opinion that an institution of higher education within a city may not allow its employees to operate utility vehicles on those portions of public highways that are within the institution's property limits unless the city has designated and posted the highways for such use following an appropriate review.

With kindest regards, I am

Very truly yours,

Mark R. Herring
Attorney General