Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas As Engrossed: H1/30/23 H2/14/23
2 94th General Assembly A Bill
3 Regular Session, 2023 HOUSE BILL 1041
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5 By: Representatives Gonzales, Pilkington, Vaught, Bentley, M. Berry, Maddox, Steimel
6 By: Senators Crowell, J. Dotson, J. Payton
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8 For An Act To Be Entitled
9 AN ACT TO AUTHORIZE LOCAL OFFICIALS TO PROVIDE FOR
10 THE OPERATION OF ALL-TERRAIN VEHICLES ON DESIGNATED
11 PUBLIC STREETS AND HIGHWAYS; AND FOR OTHER PURPOSES.
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14 Subtitle
15 TO AUTHORIZE LOCAL OFFICIALS TO PROVIDE
16 FOR THE OPERATION OF ALL-TERRAIN VEHICLES
17 ON DESIGNATED PUBLIC STREETS AND
18 HIGHWAYS.
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21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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23 SECTION 1. Arkansas Code § 27-21-102(1) and (2), concerning the
24 definitions of "all-terrain vehicle" and "nonhighway tire", are amended to
25 read as follows:
26 (1)(A) “All-terrain vehicle” means a self-propelled vehicle that
27 primarily manufactured for recreational off-highway all-terrain use,
28 including without limitation:
29 (i) Has three (3), four (4), or six (6) wheels Dirt
30 bikes;
31 (ii) Is fifty inches (50″) or less in width Utility-
32 task vehicles;
33 (iii) Is equipped with nonhighway tires Recreational
34 off-highway vehicles;
35 (iv) Is designed primarily for off-road recreational
36 use Multipurpose off-highway utility task vehicles; and
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1 (v) Has an engine displacement of no more than one
2 thousand cubic centimeters (1,000 cc) Any other means of land transportation
3 deriving motive power from any source other than muscle.
4 (B) “All-terrain vehicle” includes a recreational off-
5 highway vehicle.
6 (C) “All-terrain vehicle” does not include a golf cart,
7 riding lawnmower, or lawn or garden tractor;
8 (2) “Nonhighway tire” means a pneumatic tire:
9 (A) Six inches (6″) or more in width;
10 (B) Designed for use on a wheel with a rim diameter of
11 fourteen inches (14″) or less; and
12 (C) That uses an operating pressure of twenty pounds per
13 square inch (20 psi) or less as recommended by the vehicle manufacturer;
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15 SECTION 2. Arkansas Code § 27-21-102(4), concerning the definition of
16 "recreational off-highway vehicle', is repealed.
17 (4)(A) “Recreational off-highway vehicle” means a vehicle that:
18 (i) Has four (4) or six (6) wheels;
19 (ii) Is seventy-five inches (75″) or less in width;
20 (iii) Is equipped with nonhighway tires;
21 (iv) Is designed primarily for off-road recreational
22 use; and
23 (v) Has an engine displacement of no more than one
24 thousand cubic centimeters (1,000 cc).
25 (B) “Recreational off-highway vehicle” includes a:
26 (i) Multipurpose off-highway utility vehicle; and
27 (ii) Utility task vehicle.
28 (C) “Recreational off-highway vehicle” does not include a
29 golf cart, riding lawnmower, or lawn or garden tractor.
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31 SECTION 3. Arkansas Code § 27-21-102, concerning definitions
32 applicable to all-terrain vehicles, is amended to add an additional
33 subdivision to read as follows:
34 (5) "Local authorities" means the officers of a county, city, or
35 incorporated town.
36
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1 SECTION 4. Arkansas Code § 27-21-106(a), concerning exceptions to the
2 unlawful operation of all-terrain vehicles on public streets and highways, is
3 amended to add an additional subdivision to read as follows:
4 (7) A person may operate an all-terrain vehicle on a public
5 street or highway designated for the operation of all-terrain vehicles under
6 subsection (c) of this section.
7
8 SECTION 5. Arkansas Code § 27-21-106, concerning exceptions to the
9 unlawful operation of all-terrain vehicles on public streets and highways, is
10 amended to add an additional subsection to read as follows:
11 (c)(1) Except as provided in subdivision (c)(2) of this section, local
12 authorities may by ordinance designate a public street or highway within
13 their jurisdiction for the operation of all-terrain vehicles.
14 (2) A local authority shall not designate a public street of
15 highway under subdivision (c)(1) of this section that is located within:
16 (A) Bull Shoals-White River State Park;
17 (B) Cane Creek State Park;
18 (C) Delta Heritage Trail State Park;
19 (D) Devil's Den State Park;
20 (E) Hobbs State Park-Conservation Area;
21 (F) Lake Fort Smith State Park;
22 (G) Mount Nebo State Park;
23 (H) Pinnacle Mountain State Park;
24 (I) Village Creek State Park; or
25 (J) Woolly Hollow State Park.
26
27 SECTION 6. Arkansas Code Title 27, Chapter 21, Subchapter 1, is
28 amended to add additional sections to read as follows:
29 27-21-111. Local ordinances.
30 An ordinance passed by local authorities under § 27-21-106(c) shall be
31 consistent with the provisions of this subchapter.
32
33 27-21-112. Operation requirements and rules of the road.
34 An operator of an all-terrain vehicle who is authorized to travel on a
35 public street or highway designated for the operation of all-terrain vehicles
36 under § 27-21-106(c) shall:
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1 (1) Possess a valid driver's license, instruction permit, or
2 intermediate driver's license;
3 (2) Carry proof of insurance covering the all-terrain vehicle as
4 required under the Motor Vehicle Safety Responsibility Act, § 27-19-101 et.
5 seq., and § 27-22-101 et seq.;
6 (3) Ensure that the all-terrain vehicle is equipped with
7 properly functioning headlamps, tail lamps, and break lights; and
8 (4) Comply with the rules of the road as provided under § 27-51-
9 101 et seq.
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11 /s/Gonzales
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Statutes affected: Old version HB1041 Original - 12-19-2022 02:35 PM: 27-20-203, 27-21-111, 27-21-102
Old version HB1041 V2 - 1-30-2023 09:51 AM: 27-21-102(1), 27-21-102(4), 27-21-102
Old version HB1041 V3 - 2-14-2023 10:23 AM: 27-21-102(1), 27-21-102(4), 27-21-102
HB 1041: 27-20-203, 27-21-111, 27-21-102