(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 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.Amended by Act 2018EX2, No. 11,§ 1, eff. 3/19/2018.Amended by Act 2018EX2, No. 2,§ 1, eff. 3/19/2018.Amended by Act 2017, No. 272,§ 3, eff. 8/1/2017.Amended by Act 2017, No. 272,§ 2, eff. 8/1/2017.Acts 1987, No. 804, § 4; 2003, No. 543, § 1.
Arkansas Legal Code