Ark. Code Ann. § 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. 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.

(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.

(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

(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.

(A) One off-road trail to another off-road trail; or

(B) His or her private property to an off-road trail.

-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.

(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.

(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.

(A) Vacation resort;

(B) Rental cabin;

(C) Deeded timeshare; or

(D) Right-to-use timeshare.