2019 Arkansas Code
Title 27 - Transportation
Subtitle 2 - Motor Vehicle Registration and Licensing
Chapter 21 - All-Terrain Vehicles
§ 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.
