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

Plain-English summary

Representative Scott Baltz asked whether four-wheel-drive side-by-side vehicles can be driven and licensed on Arkansas public roads. Attorney General Leslie Rutledge could not give a categorical answer because the classification and licensing decision depends on the particular vehicle.

If a vehicle meets the statutory definition of an all-terrain vehicle, it generally cannot be driven on public streets or highways and cannot be licensed for that use. The opinion describes limited road-use exceptions for farming or hunting travel between fields and direct, perpendicular road crossings. The ATV definition also includes recreational off-highway vehicles. Each definition lists wheel count, maximum width, nonhighway tires, off-road recreational design, and engine size; all elements of the applicable definition must be met.

If a vehicle falls outside the ATV definition, that does not automatically make it eligible for road use. The Office of Motor Vehicles examines the vehicle's documentation and equipment when deciding whether to register and license it. The AG said that this decision is too fact-dependent for a categorical opinion about side-by-sides.

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.

What this means for you

Side-by-side owners

Check your vehicle's actual wheel count, width, tires, design, and engine size against the ATV and recreational off-highway vehicle definitions quoted in the opinion. The AG did not classify a particular make or model. A vehicle outside those definitions still needs an individual licensing decision from the Office of Motor Vehicles before road use.

Licensing staff and dealers

The opinion describes an individual review at the Office of Motor Vehicles. It says the office looks at the manufacturer's statement of origin and other documentation, and the applicant signs an affidavit that the vehicle meets lighting and equipment standards. The AG called the overall law confusing and suggested legislative clarification.

Common questions

Q: Can an ATV or recreational off-highway vehicle be licensed for public-road use? A: The opinion says a vehicle meeting the ATV definition will not be licensed for operation on public streets or highways.

Q: May an ATV cross a public road?
A: The opinion identifies a direct, perpendicular crossing as one limited exception to the general road-use prohibition. It also identifies limited travel between fields in farming or hunting operations.

Q: Does being wider than the recreational off-highway vehicle limit make a side-by-side street legal? A: No automatic conclusion follows. A vehicle outside the ATV definition may still fail the lighting, equipment, or other requirements considered by the Office of Motor Vehicles.

Q: Did the AG decide whether a particular side-by-side model qualifies? A: No. The AG said the answer requires an intensely factual inquiry about the vehicle and could not be given categorically.

Background and statutory framework

The opinion says section 27-14-703 requires every motor vehicle driven or moved on a highway to be registered with the Office of Motor Vehicles. It explains that ATVs are absent from the vehicles licensed under section 27-14-601 because their operation on public roads is generally prohibited. An ATV must have all the listed features in the applicable statutory definition. For a vehicle outside that definition, the Office of Motor Vehicles decides on registration and licensing after reviewing its documentation and lighting and equipment compliance.

The opinion separately says state law makes it a misdemeanor to drive a vehicle on a highway in an unsafe condition or without required lighting and equipment. It does not state a penalty for violating the ATV road-use prohibition.

Citations and references

Statutes: section 27-14-703; section 27-14-601. The opinion quotes the ATV and recreational off-highway vehicle definitions and describes road-use exceptions without printing their section numbers.

Related AG opinion: Op. Att'y Gen. 2013-060, cited by the AG when suggesting legislative clarification.

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