Arkansas House Bill HB1480

Arkansas 2023 Regular Session

• Introduced: 2/21/23
• Refer: 2/21/23
• Failed: 5/1/23

Caption

To Amend The Law Concerning The Defenses To Prosecution For Operating An All-terrain Vehicle On A Public Street Or Highway.

Impact

The implications of HB 1480 are significant for ATV operators in Arkansas. By defining the criteria for legal operation on public roads, the bill seeks to clarify the legal landscape surrounding ATV use, potentially reducing confusion and legal disputes. This legislative change also aims to enhance safety and order on public roads while accommodating recreational ATV activities that contribute to tourism and local economies.

Summary

House Bill 1480 aims to amend existing laws regarding the defenses available to individuals prosecuted for operating all-terrain vehicles (ATVs) on public streets or highways in Arkansas. The bill outlines specific circumstances under which ATV operators may defend themselves against prosecution, emphasizing that the absence of a valid driver's license is not a valid defense. A valid defense is established if the operator can demonstrate that their use of the public road was the most reasonable access route to off-road trails or private property, provided specific conditions are met.

Contention

Notably, HB 1480 may meet opposition from some safety advocates and local authorities. There might be concerns regarding the associated risks of allowing ATVs on public highways, especially in relation to driver safety and pedestrian interactions. The specificity of the routes exempted from prosecution may lead to debates about the adequacy of enforcement and the implications for traffic patterns in affected areas. Furthermore, the bill's definition of 'private property' offers a broad interpretation that could lead to varied applications and enforcement challenges.