{"data":{"id":"us-ar/ark.-code-ann.-27-21-109","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 27-21-109","heading":"Defenses to prosecution - Definition","body":"(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.\n\n(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.\n\n(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.\n\n(1) The public street or highway was outside the city limits of any municipality or incorporated town in Arkansas;\n\n(2) The public street or highway was not an interstate highway;\n\n(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\n\n(A) One off-road trail to another off-road trail; or\n\n(B) His or her private property to an off-road trail; and\n\n(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.\n\n(A) One off-road trail to another off-road trail; or\n\n(B) His or her private property to an off-road trail.\n-road trail to another off-road trail; or\n\n(B) His or her private property to an off-road trail; and\n\n(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.\n\n(A) One off-road trail to another off-road trail; or\n\n(B) His or her private property to an off-road trail.\n\n(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.\n\n(1) Owns;\n\n(2) Leases;\n\n(3) Resides at with the owner or lessee of the real property; or\n\n(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.\n\n(A) Vacation resort;\n\n(B) Rental cabin;\n\n(C) Deeded timeshare; or\n\n(D) Right-to-use timeshare.","path":["AR Code","Title 27","Chapter 21"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_ar_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:41Z","sha256":"912c6e23e71a2b9b095bdeb67e64296a33503a613974ef89752c0827846befd8","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-27-21-108","next":"us-ar/ark.-code-ann.-27-21-110"},"notice":"GroundRules: Original legal text. Not legal advice."}