The bill amends the existing law regarding defenses to prosecution for operating an all-terrain vehicle (ATV) on public streets or highways in Arkansas. It clarifies that possessing a valid driver's or motorcycle operator's license does not serve as a defense against prosecution. Additionally, it modifies the criteria under which an ATV operator can defend against charges of operating on public roads. Specifically, it removes the requirement that the public street or highway must be outside the city limits of any municipality or incorporated town in Arkansas, while retaining other conditions that must be met for a valid defense.
The amended law now allows an ATV operator to demonstrate that the public street or highway was not an interstate highway, that the route taken was the most reasonable access to travel between off-road trails or from private property to an off-road trail, and that the purpose of riding on the public street or highway was solely for these transitions. The definition of "his or her private property" is also expanded to include various forms of property occupancy, such as ownership, leasing, or temporary stays at vacation resorts or rental cabins.