(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. (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. (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. (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. Acts 1987, No. 804, § 4; 2003, No. 543, § 1.
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