Can a 4x4 side-by-side off-road vehicle be operated and licensed on Arkansas public streets and highways?

Plain-English summary

State Representative Scott Baltz asked the Arkansas AG whether 4x4 "side-by-side" off-road vehicles can legally be driven and licensed on Arkansas public streets and highways. AG Leslie Rutledge declined to give a categorical answer, but laid out the framework:

• If the side-by-side meets the statutory definition of an all-terrain vehicle (ATV) in Ark. Code Ann. § 27-21-102(1)(A), it cannot be operated on public streets and highways under § 27-21-106 except in limited circumstances (such as transitioning between fields in farming or hunting operations, or making a direct perpendicular crossing of a road). It also cannot be licensed for street use under § 27-14-601.
• The statutory ATV definition extends to recreational off-highway vehicles (ROVs) under § 27-21-102(1)(B) and (4)(A), which differ only in being up to 75 inches wide rather than 50.
• If the side-by-side does NOT meet the ATV/ROV definition, then it might be eligible for licensing. The Office of Motor Vehicles (OMV) will perform a fact-specific analysis based on the vehicle's documentation, the manufacturer's statement of origin, and an affidavit from the applicant that the vehicle meets state lighting and equipment standards (§§ 27-36-209, 27-36-215, 27-36-216, 27-37-201 through 27-37-702).
• General rule: under § 27-36-101 it is a misdemeanor to drive on a highway any vehicle "in such unsafe condition as to endanger any person" or that fails to meet the statutory lighting and equipment requirements.

In a footnote, the AG echoed a similar plea from Op. 2013-060: this body of law is confusing and would benefit from legislative clarification.

Currency note

This opinion was issued in 2016. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Arkansas has amended its off-road-vehicle statutes more than once since 2016. Anyone trying to operate or license a side-by-side today should check the current text of Title 27, Chapters 14, 19, 20, 21, 36, and 37, and consult OMV.

Background and statutory framework

What counts as an ATV in Arkansas

Ark. Code Ann. § 27-21-102(1)(A) defines an "all-terrain vehicle" as a vehicle that:

• Has three, four, or six wheels;
• Is fifty inches (50") or less in width;
• Is equipped with nonhighway tires (defined in § 27-21-102(2));
• Is designed primarily for off-road recreational use; and
• Has an engine displacement of no more than 1,000 cc.

All five elements must be met (the statute uses "and"). If a vehicle is missing even one element, it is not an ATV under Arkansas law.

Recreational off-highway vehicles (ROVs)

§ 27-21-102(1)(B) extends the ATV category to "recreational off-highway vehicles," defined in § 27-21-102(4)(A) as:

• Has four or six wheels;
• Is seventy-five inches (75") or less in width;
• Is equipped with nonhighway tires;
• Is designed primarily for off-road recreational use; and
• Has an engine displacement of no more than 1,000 cc.

The ROV definition is wider (up to 75" instead of 50"), which is the key distinction for many side-by-side models on the market.

When ATVs/ROVs can use a public road

§ 27-21-106 prohibits ATV/ROV operation on public streets and highways, with limited exceptions:

• Used in farming or hunting operations and operated on a public road to transition from one field to another.
• Making a direct, perpendicular crossing of a street or highway.

Outside these exceptions, ATVs and ROVs cannot be on the road, and they cannot be licensed under § 27-14-601.

When a vehicle is not an ATV/ROV

Side-by-sides that do not meet the statutory definition (because, for example, the engine exceeds 1,000 cc, the vehicle is wider than 75 inches, or it has highway tires) might be eligible for licensing. OMV will look at:

• The manufacturer's statement of origin.
• An applicant's affidavit that the vehicle meets state lighting and equipment standards.
• The general safety baseline in § 27-36-101 (vehicle must not be in such unsafe condition as to endanger any person).
• The specific lighting and equipment statutes: head lamps (§ 27-36-209), tail lamps and reflectors (§ 27-36-215), signal lamps and devices (§ 27-36-216), seat belts (§§ 27-37-201, -702), horns and warning devices (§ 27-37-202), safety glass (§ 27-37-301), windshield wipers (§ 27-37-303), rearview mirrors (§ 27-37-305), pneumatic tires only (§ 27-37-401), brakes (§ 27-37-501), and noise/smoke prohibitions (§ 27-37-601).

OMV decides each application case by case.

General registration and licensing framework

• All motor vehicles "driven or moved upon a highway" must be registered with OMV under § 27-14-703.
• "Motor vehicle" is defined in § 27-19-206 as a self-propelled vehicle (with some narrow exceptions).
• "Highway" is defined in § 27-14-216 as the entire width between boundary lines of every way publicly maintained when any part is open to vehicular traffic.
• ATVs must be registered (under § 27-20-201 et seq.) even though they cannot be licensed for highway use.

Common questions

Q: Can I drive my Polaris RZR on the public road to get to my farm?
A: If the RZR meets the ATV/ROV definition (most do), yes for the limited farming/hunting exceptions in § 27-21-106 (transitioning between fields or making a perpendicular road crossing), and no otherwise. Check the specific model's width, wheel count, tire type, and engine displacement against the statute.

Q: My side-by-side is over 75 inches wide. Does that make it street-legal?
A: It means it does not fall under the ROV definition, so it is not categorically barred from licensing. But it still has to meet OMV's vehicle-safety requirements (lighting, brakes, seat belts, etc.). OMV will make the decision based on the manufacturer's statement of origin and the applicant's safety affidavit.

Q: What happens if I drive an ATV on a public road without one of the statutory exceptions?
A: It can be a misdemeanor under § 27-36-101 (driving a vehicle in unsafe condition or without statutory equipment), plus the underlying prohibition in § 27-21-106.

Q: Can a county or city pass a local ordinance allowing ATVs on its streets?
A: This opinion does not address that. Some jurisdictions in Arkansas have adopted local rules. Anyone relying on a local ordinance should verify it has been adopted and remains in force, and confirm it does not conflict with state law.

Q: Is the OMV decision appealable?
A: The opinion does not address administrative appeal rights. An applicant denied a license should consult counsel about administrative review options.

Citations and references

Statutes:

• Ark. Code Ann. § 27-21-102, ATV and ROV definitions
• Ark. Code Ann. § 27-21-106, ATV operation restrictions and exceptions
• Ark. Code Ann. § 27-14-216, definition of "highway"
• Ark. Code Ann. § 27-14-401 et seq., OMV regulatory authority
• Ark. Code Ann. § 27-14-601, motor vehicle registration fees and licensing
• Ark. Code Ann. § 27-14-703, registration requirement
• Ark. Code Ann. § 27-19-206, definition of "motor vehicle"
• Ark. Code Ann. § 27-20-201 et seq., off-road vehicle registration
• Ark. Code Ann. § 27-36-101, safety baseline and misdemeanor
• Ark. Code Ann. §§ 27-36-209, 215, 216, 27-37-201 through 27-37-702, equipment and lighting standards

Related AG opinion:

• Op. Att'y Gen. 2013-060, prior AG plea for legislative clarification of ATV licensing law

Source

• Landing page: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Original opinion text

Opinion No. 2016-061
August 25, 2016
The Honorable Scott Baltz
State Representative
4589 Highway 90 West
Pocahontas, AR 72455-1231
Dear Representative Baltz:
STATE OF ARKANSAS
ATTORNEY GENERAL
LESLIE RUTLEDGE

This is in response to your request for an opinion on the following questions:

1. Is it permissible under Arkansas State law to operate 4x4 Side-by-Sides on public streets and roads?
2. Are 4x4 Side-by-Sides capable of being licensed for operation on public streets and roads?

RESPONSE

I am unable to provide you with a definitive "yes or no" answer to your questions.
The only clear answer I can give is that if the vehicles in question meet the
statutory definition of an "all-terrain vehicle" (ATV), then under Arkansas law
they are not permitted to be driven on public streets and highways, except under
limited circumstances, and will not be licensed for such.

Even if a specific vehicle is not an ATV under Arkansas law, there remains a
question whether the vehicle can be licensed for operation on the public roads and
highways. This question is an intensely factual one that cannot be answered within
the limited scope of an official Attorney General's opinion. (The law regarding which motor vehicles may be licensed and which ones may not (and the criteria for making such determinations) remains confusing and would benefit from legislative clarification. Accord Op. Att'y Gen. 2013-060 (discussing the licensing of ATVs that had been modified to meet the equipment and lighting standards required of a motor vehicle for licensing, and suggesting legislative clarification).)

DISCUSSION

Question 1: Is it permissible under Arkansas State law to operate 4x4 Side-by-Sides on public streets and roads?
Question 2: Are 4x4 Side-by-Sides capable of being licensed for operation on public streets and roads?

Section 27-14-703 of the Arkansas Code requires that "every motor vehicle
driven or moved upon a highway" be registered with the Office of Motor
Vehicles. A "motor vehicle" is defined as a "vehicle which is self-propelled and
every vehicle which is propelled by electric power obtained from overhead trolley
wires but not operated upon rails." The Office of Motor Vehicles of the
Department of Finance and Administration (OMV) has the regulatory authority for
the registration, licensing, and operation of motor vehicles in Arkansas.

State law establishes the fees for registration and licensing of such motor vehicles
in section 27-14-601. Absent from the list of vehicles that can be licensed under
section 27-14-601 are what are called all-terrain vehicles (ATVs). This is because
State law prohibits people from operating ATVs on public streets or highways,
except in limited circumstances. (Those limited circumstances include if the ATV is used in farming or hunting operations and is operated on a public street or highway to get from one field to another, or if an ATV's operator needs to make a direct, perpendicular crossing of a street or highway to get from one area to another.)

An ATV has a specific definition in the Arkansas Code as a vehicle that:

(i) Has three (3), four (4), or six (6) wheels;
(ii) Is fifty inches (50") or less in width;
(iii) Is equipped with nonhighway tires;
(iv) Is designed primarily for off-road recreational use; and
(v) Has an engine displacement of no more than one thousand cubic centimeters (1,000 cc).

Also included in the definition of an ATV are vehicles called "recreational off-
highway vehicles." A recreational off-highway vehicle is defined in the Code as
a vehicle that:

(i) Has four (4) or six (6) wheels;
(ii) Is seventy-five inches (75") or less in width;
(iii) Is equipped with nonhighway tires;
(iv) Is designed primarily for off-road recreational use; and
(v) Has an engine displacement of no more than one thousand cubic centimeters (1,000 cc).

The above definitions use the coordinating conjunction "and." Grammatically, this
means that all of the elements in the definition must be met for a vehicle to be
considered an ATV. If a motor vehicle meets that definition, then, while it must
be registered, it will not be licensed for operation on the public streets or
highways under section 27-14-601.

If one or more of the elements of the above statute is absent from a particular
vehicle, then that vehicle cannot be classified as an ATV. But that does not
necessarily mean it can be licensed for operation on or otherwise used on public
roads or highways. As a general matter, State law makes it a misdemeanor for any
person to drive or move on any highway any vehicle that "is in such unsafe
condition as to endanger any person" or that does not meet statutory lighting and
equipment requirements.

OMV will generally register and license vehicles in accordance with section 27-
14-601 if the vehicles meet the lighting and equipment standards referenced
above, unless State law prohibits a vehicle from being operated on the public roads
and highways (such as the prohibition on ATVs discussed above). With respect to
the vehicles you are inquiring about, it is my understanding that OMV, at the point
when someone applies for registration and licensing, will undertake a factual
analysis of the vehicle based on the documentation the applicant presents,
including the vehicle manufacturer's statement of origin. The applicant must also
sign an affidavit that the vehicle meets the lighting and equipment standards. The
determination whether to issue a license for the vehicle is made by OMV at that
point.

Because of the intensely factual nature of the inquiry, I am unable to state
categorically that the vehicles you have asked about either may or may not be
licensed and permitted on the public roads and highways.

Sincerely,

LESLIE RUTLEDGE
Attorney General