2010 Arkansas Code
Title 27 - Transportation
Subtitle 2 - Motor Vehicle Registration And Licensing
Chapter 21 - All-Terrain Vehicles
§ 27-21-106 - Operation on public streets and highways unlawful -- Exceptions.

27-21-106. Operation on public streets and highways unlawful -- Exceptions.

(a) It shall be unlawful for any person to operate an all-terrain vehicle upon the public streets and highways of this state, notwithstanding the fact that the vehicle may otherwise meet the equipment standards as set forth in 27-20-104, except under the following conditions and circumstances:

(1) An all-terrain vehicle may be operated upon the public streets and highways where the vehicle is used in farming or hunting operations and must be operated on the public streets and highways in order to get from one (1) field to another;

(2) An all-terrain vehicle may be operated upon the public streets or highways if the vehicle needs to make a direct crossing of the street or highway to get from one (1) area to another and if the vehicle comes to a complete stop, yields the right-of-way to all oncoming traffic that constitutes an immediate hazard, and crosses the street or highway at an angle of approximately ninety degrees (90 degrees) to the direction of the street or highway. In crossing divided highways, the crossing may only be made at an intersection of the highway with another public street or highway. In crossings made between the hours from one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise or in conditions of reduced visibility, the crossing may only be made with both front and rear lights turned on; and

(3) (A) A person who has lost one (1) or both legs above the ankle or who otherwise has a serious walking handicap shall be permitted to operate a three-wheeled, four-wheeled, or six-wheeled all-terrain vehicle as a means of transportation upon any of the following:

(i) A nonhard surfaced road;

(ii) The shoulders of all state and federal highways except as provided under subdivision (a)(3)(E) of this section; or

(iii) Public streets and roads when traveling on the public street or road is the most reasonable route of access available to him or her from one (1) off-road trail to another off-road trail or from his or her private property to an off-road trail.

(B) An all-terrain vehicle used as provided under subdivision (a)(3)(A) of this section by a person who has a serious walking handicap shall be equipped with a red flag at least six inches (6'') wide and twelve inches (12'') long on a pole or staff extending at least thirty-six inches (36'') above the level of the seat.

(C) For the purposes of this subdivision (a)(3), "serious walking handicap" means any walking handicap certified as serious by a licensed physician.

(D) A person operating an all-terrain vehicle as provided under subdivision (a)(3)(A) of this section shall carry on his or her person or on the vehicle the physician's certificate certifying that the person has a serious walking handicap.

(E) A person operating an all-terrain vehicle as provided under subdivision (a)(3)(A) of this section shall not operate the all-terrain vehicle on any part of the federal interstate highway system or on fully-controlled access highways.

(b) When two (2) or more all-terrain vehicles are operating together on a public street or highway as permitted in limited circumstances in this chapter, the vehicles shall be operated in single file except while overtaking another vehicle. The operator of an all-terrain vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left until safely clear of the overtaken vehicle. Nothing in this subsection shall be construed to prohibit an operator from overtaking and passing upon the right another vehicle which is making or about to make a left turn if the overtaking and passing is accomplished in accordance with Arkansas law.