Stricken language would be deleted from and underlined language would be added to present law. *ZRC038* 02/19/2025 1:24:41 PM ZRC038 State of Arkansas 1 95th General Assembly A Bill 2 Regular Session, 2025 SENATE BILL 261 3 4 By: Senator A. Clark 5 6 7 For An Act To Be Entitled 8 AN ACT TO AMEND THE LAW CONCERNING THE OPERATION OF 9 AN ALL-TERRAIN VEHICLE ON CERTAIN ROADS; TO AMEND THE 10 LAW CONCERNING THE ACCESS OF ALL -TERRAIN VEHICLES TO 11 UNPAVED ROADS; AND FOR OTHER PURPOSES. 12 13 14 Subtitle 15 TO AMEND THE LAW CONCERNING THE 16 OPERATION OF AN ALL-TERRAIN VEHICLE ON 17 CERTAIN ROADS; AND TO AMEND THE LAW 18 CONCERNING THE ACCESS OF ALL -TERRAIN 19 VEHICLES TO UNPAVED ROADS. 20 21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22 23 SECTION 1. Arkansas Code § 27 -21-102, concerning the definitions to be 24 used in relation to all -terrain vehicles, is amended to add an additional 25 subdivision to read as follows: 26 (5)(A) "Unpaved road" means a public street or highway that is 27 not paved with asphalt, concrete, brick, or stone. 28 (B) "Unpaved road" includes without limitation a road 29 constructed of: 30 (i) Dirt; 31 (ii) Gravel; or 32 (iii) Aggregate. 33 34 SECTION 2. Arkansas Code § 27 -21-106(a)(1), concerning the operation 35 of all-terrain vehicles on public streets and highways, is amended to read as 36 SB261 2 02/19/2025 1:24:41 PM ZRC038 follows: 1 (1) A person may operate an all -terrain vehicle on a public 2 street or highway if the all -terrain vehicle is: 3 (A) Both: 4 (i) Used in farming or hunting operations; and 5 (B)(ii) Operated on a public street or highway in 6 order to get from one field to another; or 7 (B) Operated: 8 (i) On a public street or highway that is unpaved; 9 and 10 (ii) By a person who: 11 (a) Is a resident of this state who has a 12 valid commercial driver license or noncommercial driver's license issued by 13 this state in his or her immediate possession as required under § 27 -16-601; 14 or 15 (b) Is a nonresident who is subject to the 16 exemption from the licensing requirements of this state under § 27 -16-603(3) 17 or (4). 18 19 SECTION 3. Arkansas Code § 27 -21-106(a)(3)(A), concerning the 20 operation of an all-terrain vehicle on public streets and highways, is 21 amended to read as follows: 22 (3)(A) A person who has lost one (1) or both legs above the 23 ankle or who otherwise has a serious walking disability is permitted to 24 operate a three-wheeled, four-wheeled, or six-wheeled all-terrain vehicle as 25 a means of transportation on any of the following: 26 (i) A nonhard-surfaced An unpaved road; 27 (ii) The shoulder of a state or federal highway, 28 except as provided under subdivision (a)(3)(E) of this section; or 29 (iii) A public street or road when traveling on the 30 public street or road is the most reasonable route of access available to him 31 or her from one off-road trail to another off -road trail or from his or her 32 private property to an off -road trail. 33 34 35 36