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27-21-109. Defenses to prosecution — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-21-109. Defenses to prosecution — Definition.
(a) It is not a defense to a prosecution under this chapter that the driver or operator possesses a valid driver's license or motorcycle operator's license.
(b) It is a defense to prosecution under § 27-21-106 for a violation of operating an all-terrain vehicle upon a public street or highway if the all-terrain vehicle operator can show by a preponderance of the evidence that:
(1) The public street or highway was outside the city limits of any municipality or incorporated town in Arkansas;
(2) The public street or highway was not an interstate highway;
(3) Traveling on the public street or highway was the most reasonable route of access available to him or her from:
(A) One off-road trail to another off-road trail; or
(B) His or her private property to an off-road trail; and
(4) His or her purpose for riding on the public street or highway was to get from:
(A) One off-road trail to another off-road trail; or
(B) His or her private property to an off-road trail.
(c) As used in this section, “his or her private property” means real property that an operator of an all-terrain vehicle:
(1) Owns;
(2) Leases;
(3) Resides at with the owner or lessee of the real property; or
(4) Is staying at for a specific period of time as an invitee, including without limitation a:
(A) Vacation resort;
(B) Rental cabin;
(C) Deeded timeshare; or
(D) Right-to-use timeshare.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-21-109
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:27-21-109
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 70b322a39c7931b51cde9bd6d3aada526df44b3661b14a4717a483f920432e6d
Source location: content.xml paragraph 9457
Stored source content
27-21-109. Defenses to prosecution — Definition.
(a) It is not a defense to a prosecution under this chapter that the driver or operator possesses a valid driver's license or motorcycle operator's license.
(b) It is a defense to prosecution under § 27-21-106 for a violation of operating an all-terrain vehicle upon a public street or highway if the all-terrain vehicle operator can show by a preponderance of the evidence that:
(1) The public street or highway was outside the city limits of any municipality or incorporated town in Arkansas;
(2) The public street or highway was not an interstate highway;
(3) Traveling on the public street or highway was the most reasonable route of access available to him or her from:
(A) One off-road trail to another off-road trail; or
(B) His or her private property to an off-road trail; and
(4) His or her purpose for riding on the public street or highway was to get from:
(A) One off-road trail to another off-road trail; or
(B) His or her private property to an off-road trail.
(c) As used in this section, “his or her private property” means real property that an operator of an all-terrain vehicle:
(1) Owns;
(2) Leases;
(3) Resides at with the owner or lessee of the real property; or
(4) Is staying at for a specific period of time as an invitee, including without limitation a:
(A) Vacation resort;
(B) Rental cabin;
(C) Deeded timeshare; or
(D) Right-to-use timeshare.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-21-106. Operation on public streets and highways unlawful — Exceptions — Definition.
(a) It is unlawful for a person to operate an all-terrain vehicle on a public street or highway of this state, even if the all-terrain vehicle otherwise meets the equipment standards of § 27-20-104, except under the following conditions and circumstances:
(1) A person may operate an all-terrain vehicle on a public street or highway if the all-terrain vehicle is:
(A) Used in farming or hunting operations; and
(B) Operated on a public street or highway in order to get from one field to another;
(2)(A) An all-terrain vehicle may be operated on a public street or highway if:
(i) The all-terrain vehicle needs to make a direct crossing of the street or highway to get from one area to another; and
(ii) The all-terrain vehicle:
(a) Comes to a complete stop before making the direct crossing;
(b) Yields the right-of-way to all oncoming traffic that constitutes an immediate hazard; and
(c) Crosses the street or highway at an angle of approximately ninety degrees (90°) to the direction of the street or highway.
(B)(i) An all-terrain vehicle may cross a divided highway only at an intersection of the highway with another public street or highway.
(ii) In crossings made between the hours from one-half (½) hour after sunset to one-half (½) hour before sunrise or in conditions of reduced visibility, the crossing may be made only with both front and rear lights turned on;
(3)(A) A person who has lost one (1) or both legs above the ankle or who otherwise has a serious walking disability is permitted to operate a three-wheeled, four-wheeled, or six-wheeled all-terrain vehicle as a means of transportation on any of the following:
(i) A nonhard-surfaced road;
(ii) The shoulde
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-21-106
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-21-106. This identifies an authority to review, not proof of applicability.