2017 Arkansas Code
Title 27 - Transportation
Subtitle 2 - Motor Vehicle Registration and Licensing
Chapter 21 - All-Terrain Vehicles
§ 27-21-109. Defenses to prosecution -- Definition

Universal Citation: AR Code § 27-21-109 (2017)
  • (a) It is no 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 shall be a defense to prosecution under § 27-21-106 for a violation of operating an all-terrain vehicle upon the public streets or highways 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) The off-road trail where he or she parked the motor vehicle used to transport the all-terrain vehicle to another off-road trail; or
      • (B) His or her private property to an off-road trail or to a tract of land that is private property; and
    • (4) (A) His or her purpose for riding on the public street or highway was to get from:
      • (i) The off-road trail where he or she parked the motor vehicle used to transport the all-terrain vehicle to another off-road trail; or
      • (ii) His or her private property to an off-road trail or to a tract of land that is private property.
        • (B) However, an all-terrain vehicle shall not travel more than three (3) miles on a public street or highway to get to one (1) of the destinations authorized under subdivision (b)(4)(A) of this section.
  • (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.
  • (d) (1) An operator of an all-terrain vehicle shall:
    • (A) Carry proof when operating an all-terrain vehicle on a public street or highway of:
      • (i) His or her property interest in the private property; and
      • (ii) The location of his or her private property; and
    • (B) Display upon demand of a peace officer the proof required by subdivision (d)(1) of this section.
      • (2) A person operating an all-terrain vehicle with a private property owner who presents the proof required by subdivision (d)(1)(A) of this section shall have the same authority as the private property owner to operate his or her all-terrain vehicle on a public street or highway for the purposes of this section.
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