The ARKANSAS
Motor Vehicle and Traffic Laws
and
State Highway Commission
Regulations was adopted by the DPOA Board of Directors during the January 22,2015 Board meeting at the request of Chief Joel Tyner and Vice President Ken Benck.
Feb. 19, 2015 Agenda meeting -- General Manager, James Turner, asked for clarification regarding ATVs' used on DH roadways. Discussion insued.
The following excerpts from the newly adopted State regualtions are printed below:
TITLE 14
LOCAL GOVERNMENT
SUBTITLE 3. MUNICIPAL
GOVERNMENT
CHAPTER 54
POWERS OF MUNICIPALITIES
GENERALLY
SUBCHAPTER 14 — MISCELLANEOUS
REGULATIONS
SECTION.
14-54-1410. Operation of golf carts on city streets.
14-54-1410. Operation of golf carts on city
streets.
(a) It shall be within the municipal affairs and
authority of any municipality in the State of Arkansas
to authorize, by municipal ordinance, any owner
of a golf cart to operate the golf cart upon the city
streets of the municipality; provided, however, operation
shall not be authorized on city streets which
are also designated as federal or state highways or
as a county road.
(b) The municipality may authorize the operation
of golf carts on city streets only from the owner’s
place of residence to the golf course and to return
from the golf course to the owner’s residence.
(c) When authorized by the municipality to operate
on the city streets and limited to the circumstances
and provisions of this section, there shall be
no motor vehicle registration or license necessary to
operate the golf cart on the public street.
(d) The term “municipality” as used in this section
means any city of the first class, city of the
second class, or an incorporated town.
History. Acts 1993, No. 976, § 1.
CHAPTER 21
ALL-TERRAIN VEHICLES
SECTION.
27-21-101. Purpose.
27-21-102. Definitions.
27-21-103. Construction.
27-21-104. Penalty.
27-21-105. Enforcement.
27-21-106. Operation on public streets and highways unlawful
—
Exceptions.
27-21-107. Operation by minors — Manner of operation.
27-21-108. Equipment.
27-21-109. Defenses to prosecution.
27-21-101. Purpose.
It is the intent and purpose of this chapter to
regulate the use of recreational all-terrain vehicles
by restricting their use on the public streets and
highways of this state. This law seeks to ensure the
safety and general welfare of the citizens of Arkansas
by limiting the situations where all-terrain vehicles
are permitted to be used in a dangerous and
History. Acts 1987, No. 804, § 1.
27-21-102. Definitions.
As used in this chapter:
(1)(A) “All-terrain vehicle” means a vehicle that:
(i) Has three (3), four (4), or six (6) wheels;
(ii) Is fifty inches (50) or less in width;
(iii) Is equipped with nonhighway tires;
(iv) Is designed primarily for off-road recreational
use; and
(v) Has an engine displacement of no more than
one thousand cubic centimeters (1,000 cc)
(B) “All-terrain vehicle” includes a recreational
off-highway vehicle.
(C) “All-terrain vehicle” does not include a golf
cart, riding lawnmower, or lawn or garden tractor;
(2) “Nonhighway tire” means a pneumatic tire:
(A) Six inches (6) or more in width;
(B) Designed for use on a wheel with a rim
diameter of fourteen inches (14) or less; and
(C) That uses an operating pressure of twenty
pounds per square inch (20 psi) or less as recommended
by the vehicle manufacturer;
(3) “Public streets and highways” means the part
of the street, road, or highway, including the improved
road shoulder, that is open to vehicular
traffic and that is maintained by the state or by a
political subdivision of the State of Arkansas and
includes any federal highways; and
(4)(A) “Recreational off-highway vehicle” means a
vehicle that:
(i) Has four (4) or six (6) wheels;
(ii) Is seventy-five inches (75) or less in width;
(iii) Is equipped with nonhighway tires;
(iv) Is designed primarily for off-road recreational
use; and
(v) Has an engine displacement of no more than
one thousand cubic centimeters (1,000 cc).
(B) “Recreational off-highway vehicle” does not
include a golf cart, riding lawnmower, or lawn or
garden tractor.
History. Acts 1987, No. 804, § 2; 2007, No. 305, § 9; 2011,
No.
583, § 1.
27-21-103. Construction.
Nothing in this chapter shall be construed to
require an all-terrain vehicle to be registered as a
motor vehicle, motorcycle, or motor-driven cycle for
operation on the public streets and highways.
History. Acts 1987, No. 804, § 5.
27-21-104. Penalty.
Any person violating the provisions of this chapter
shall be guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine of not less
than ten dollars ($10.00) nor more than fifty dollars
($50.00) or imprisoned not more than thirty (30)
days, or shall be both fined and imprisoned.
History. Acts 1987, No. 804, § 7.
27-21-105. Enforcement.
The officers and employees of the Arkansas State
Game and Fish Commission, the Arkansas State
Highway and Transportation Department, and the
Arkansas Forestry Commission shall have no authority
to enforce the provisions of this chapter.
History. Acts 1987, No. 804, § 6.
27-21-106. Operation on public streets and
highways unlawful — Exceptions.
(a) It is unlawful for any person to operate an
all-terrain vehicle on the public streets and highways
of this state, even if the vehicle otherwise
meets the equipment standards of § 27-20-104, except
under the following conditions and circumstances:
(1) A person may operate an all-terrain vehicle on
the public streets and highways if the vehicle is:
(A) Used in farming or hunting operations; and
(B) Operated on the public streets and highways
in order to get from one (1) field to another;
(2)(A) An all-terrain vehicle may be operated
upon the public streets or highways if the:
(i) Vehicle needs to make a direct crossing of
the street or highway to get from one (1) area to
another; and
(ii) Vehicle:
(a) Comes to a complete stop;
(b) Yields the right-of-way to all oncoming traf-
fic that constitutes an immediate hazard; and
(c) Crosses the street or highway at an angle of
approximately ninety degrees (90°) to the direction
of the street or highway.
(B)(i) In crossing divided highways, the crossing
may be made only at an intersection of the
highway with another public street or highway.
(ii) In crossings made between the hours from
one-half (½) hour after sunset to one-half (½) hour
before sunrise or in conditions of reduced visibility,
the crossing may be made only with both front
and rear lights turned on;
(3)(A) A person who has lost one (1) or both legs
above the ankle or who otherwise has a serious
walking handicap shall be permitted to operate a
three-wheeled, four-wheeled, or six-wheeled allterrain
vehicle as a means of transportation on
any of the following:
(i) A nonhard surfaced road;
(ii) The shoulders of all state and federal highways,
except as provided under subdivision
(a)(3)(E) of this section; or
(iii) Public streets and roads when traveling on
the public street or road is the most reasonable
route of access available to him or her from one (1)
off-road trail to another off-road trail or from his
or her private property to an off-road trail.
(B) An all-terrain vehicle used as provided under
subdivision (a)(3)(A) of this section by a person
who has a serious walking handicap shall be
equipped with a red flag at least six inches (6)
wide and twelve inches (12) long on a pole or staff
extending at least thirty-six inches (36) above the
level of the seat.
(C) For the purposes of this subdivision (a)(3),
“serious walking handicap” means any walking
handicap certified as serious by a licensed physician.
(D) A person operating an all-terrain vehicle as
provided under subdivision (a)(3)(A) of this section
27-21-103 TRANSPORTATION 224shall carry on his or her person
or on the vehicle
the physician’s certificate certifying that the person
has a serious walking handicap.
(E) A person operating an all-terrain vehicle as
provided under subdivision (a)(3)(A) of this section
shall not operate the all-terrain vehicle on any
part of the federal interstate highway system or
on fully-controlled access highways;
(4) An on-duty law enforcement officer or a person
performing an official law enforcement function may
operate an all-terrain vehicle on public streets and
highways; and
(5) An employee of a utility, telecommunications,
or cable company working during a time of emergency
or severe weather may operate an all-terrain
vehicle on public streets and highways.
(b) When two (2) or more all-terrain vehicles are
operating together on a public street or highway as
permitted in limited circumstances in this chapter,
the vehicles shall be operated in single file except
while overtaking another vehicle. The operator of an
all-terrain vehicle overtaking another vehicle proceeding
in the same direction shall pass at a safe
distance to the left until safely clear of the overtaken
vehicle. Nothing in this subsection shall be construed
to prohibit an operator from overtaking and
passing upon the right another vehicle which is
making or about to make a left turn if the overtaking
and passing is accomplished in accordance with
History. Acts 1987, No. 804, § 3; 1987, No. 1029, §§ 1, 2;
2007,
No. 305, § 10; 2009, No. 701, § 1; 2011, No. 13, § 1; 2011,
No. 704,
§ 1.
27-21-107. Operation by minors — Manner of
operation.
(a)(1) A person twelve (12) years of age or older
shall be entitled to operate an all-terrain vehicle in
this state if the use is in compliance with all other
provisions of this chapter.
(2) A person less than twelve (12) years of age
shall be entitled to operate an all-terrain vehicle in
this state only if he or she is under the direct
supervision of a person who is at least eighteen (18)
years of age or if he or she is on land owned by,
leased, rented, or under the direct control of his or
her parent or legal guardian, or if he or she is on
land with the permission of the owner.
(b) A person shall not operate an all-terrain vehicle
in this state:
(1) At a rate of speed greater than is reasonable
and proper under the conditions then existing; and
(2) During the hours from one-half (½) hour after
sunset to one-half (½) hour before sunrise without
displaying a lighted headlight and a lighted taillight.
History. Acts 1987, No. 804, § 4.
27-21-108. Equipment.
(a) Every all-terrain vehicle operated in this state
shall be equipped with an adequate muffler system
in good working condition. Every all-terrain vehicle
operated in this state shall be equipped with a
United States Forest Service-qualified spark arrester.
(b) No person shall:
(1) Equip the exhaust system of an all-terrain
vehicle with a cutout, bypass, or similar device;
(2) Operate an all-terrain vehicle with an exhaust
system equipped with a cutout, bypass, or similar
device; or
(3) Operate an all-terrain vehicle with the spark
arrester removed or modified except for use in
closed-course competition events.
History. Acts 1987, No. 804, § 4.
27-21-109. Defenses to prosecution.
(a) It is no 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 shall be a defense to prosecution under
§ 27-21-106 for a violation of operating an allterrain
vehicle upon the public streets or highways 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 a United
States interstate highway;
(3) Traveling on the public street or highway was
the most reasonable route of access available to him
or her from one (1) off-road trail to another off-road
trail or from 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 one (1) off-road
trail to another off-road trail or his or her purpose
for riding on the public street or highway was to get
from his or her private property to an off-road trail.
History. Acts 1987, No. 804, § 4; 2003, No. 543, § 1.
