§ 27-21-106 — Operation on public streets and highways unlawful - Exceptions - Definition

(a) It is unlawful for a person to operate an all-terrain vehicle on a public street or highway of this state, even if the all-terrain 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 a public street or highway if the all-terrain vehicle is: (A) Used in farming or hunting operations; and (B) Operated on a public street or highway in order to get from one field to another; (2) (A) An all-terrain vehicle may be operated on a public street or highway if: (i) The all-terrain vehicle needs to make a direct crossing of the street or highway to get from one area to another; and (ii) The all-terrain vehicle: (a) Comes to a complete stop before making the direct crossing; (b) Yields the right-of-way to all oncoming traffic 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) An all-terrain vehicle may cross a divided highway 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 disability is permitted to operate a three-wheeled, four-wheeled, or six-wheeled all-terrain vehicle as a means of transportation on any of the following: (i) A nonhard-surfaced road; (ii) The shoulder of a state or federal highway, except as provided under subdivision (a)(3)(E) of this section; or (iii) A public street or road when traveling on the public street or road is the most reasonable route of access available to him or her from one 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 disability 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 disability" means any walking disability 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 shall carry on his or her person or on the all-terrain vehicle the physician's certificate certifying that the person has a serious walking disability. (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 interstate highway system or on a fully controlled access highway; (4) (A) An on-duty law enforcement officer or a person performing an official law enforcement function may operate an all-terrain vehicle on a public street or highway. (B) A municipal on-duty firefighter or a person performing an official firefighting function may operate an all-terrain vehicle on a public street or highway. (C) An on-duty emergency medical technician or a person performing an official emergency medical technician function may operate an all-terrain vehicle on a public street or highway; (5) An employee or agent of a utility, telecommunications, or cable company may operate an all-terrain vehicle on a public street or highway while he or she is: (A) Performing a function directly related to the operation of the utility, telecommunications, or cable company; or (B) Working during a time of emergency or severe weather; and (6) An employee of the Department of Parks, Heritage, and Tourism may operate a department-owned all-terrain vehicle on a public street or highway to access contiguous areas of a state park in order to perform his or her duties as an employee of the department. (b) When two (2) or more all-terrain vehicles are operating together on a public street or highway as permitted under this chapter, each all-terrain vehicle shall operate in single file except while overtaking another all-terrain 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. This subsection shall not prohibit an operator of an all-terrain vehicle from overtaking and passing upon the right another vehicle that is making or about to make a left turn if the overtaking and passing is accomplished in accordance with Arkansas law.

Legislative History

Amended by Act 2023, No. 269,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 1048,§ 1, eff. 7/24/2019. Amended by Act 2013, No. 69,§ 1, eff. 8/16/2013. 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.