2019 Arkansas Code
Title 16 - Practice, Procedure, and Courts
Subtitle 7 - Particular Proceedings and Remedies
Chapter 120 - Immunity From Tort Liability
Subchapter 10 - Arkansas Cycling Activities Act
§ 16-120-1002. Definitions
- As used in this subchapter:
(1) “Bicycle” means a:
(A) Two-wheeled vehicle with a rear drive wheel that is solely human-powered; or
(B) Two-wheeled or three-wheeled vehicle with:
(i) Fully operable pedals and an electric motor of less than seven hundred fifty watts (750 W); and
(ii) A maximum speed of less than twenty miles per hour (20 m.p.h.) on a paved level surface when powered solely by an electric motor and ridden by an operator who weighs one hundred seventy pounds (170 lbs.);
(2) “Bicycle outfitter” means an individual, group, club, partnership, corporation, or business entity, whether or not operating for profit, or an employee or organized agent, that sponsors, organizes, rents, or provides to a participant the use of a bicycle;
(3) “Cycling activity” means riding a bicycle on a road, trail, path, or other surface for:
(A) Competition, exercise, or other undertaking that involves a bicycle;
(B) A training or teaching activity; or
(C) A ride, trip, or other activity that is sponsored by a bicycle outfitter;
(4) “Inherent risk of a cycling activity” means the dangers or conditions that are an integral part of cycling activities on the roads, trails, paths, or other surfaces of the state, including without limitation:
(A) Injury or death caused by:
(i) A change or variation in the surface which may cause a participant to lose control, lose his or her balance, or crash the bicycle;
(ii) A collision with a natural or man-made object on or adjacent to the cycling surface, including without limitation a:
(a) Tree;
(b) Rock; or
(c) Tree stump; or
(iii) A collision with a pedestrian, a vehicle, or another cyclist which may result in injury or death;
(B) Weather-related illnesses or conditions, including without limitation:
(i) Hypothermia;
(ii) Frostbite;
(iii) Heat exhaustion;
(iv) Heat stroke; or
(v) Dehydration;
(C) An act of nature, including without limitation:
(i) Falling rocks;
(ii) Inclement weather;
(iii) Thunder and lightning;
(iv) Severe or varied temperatures;
(v) Winds; or
(vi) Tornadoes;
(D) Operator error, including equipment failure due to operator error;
(E) Attack or injury by an animal; or
(F) The aggravation of an injury, illness, or condition because the injury, illness, or condition occurred in a remote place where medical facilities are not available; and
(5) “Participant” means a person who rents, leases, or uses a bicycle provided by a bicycle outfitter whether or not a fee is paid.
