Arkansas Gov. Sarah Huckabee Sanders (R) has signed Act 312 into law, establishing inherent risk for off-road motorcyclists and enhancing protections for event organizers throughout the state.
The American Motorcyclist Association applauds the passage of Act 312, which offers greater protections for private landowners who provide access to their land for off-road recreation and competition.
“Act 312 will create a more sustainable liability landscape for event organizers throughout Arkansas, as it ensures a smoother legal process in the case of injury for all involved in off-road events in the state,” AMA Central States Representative Nick Sands said. “We’re encouraged to see this legislation pass in Arkansas, and hope to see similar laws continue to progress throughout the country.”
Inherent risk refers to the capacity for risk naturally associated with a process or activity without any risk reduction efforts. Inherent risk of an activity cannot be effectively eliminated or controlled and becomes important when assessing liability of voluntary participants.
With this law, the rider takes individual responsibility for their own safety and facility owners take responsibility for their own liability, so when an accident does occur, fault can be clearly identified. This law helps riders by requiring safe riding areas while also benefitting landowners and organizers because they have assurances that the rider enters their facility knowing they have a responsibility to ride within their skill and ability.
This law increases the likelihood that landowners and organizers will receive the necessary insurance protections needed to hold off-road motorcycle events, which is a win for all AMA members. The new law will also ensure safer facilities and events, as landowners must provide adequate safety measures, or they may be held liable for accidents that occur on their property.
Inherent risk is not a new concept — although, Act 312 is the first of its kind regarding dirt bikes — as similar legislation has been prevalent in skiing and equestrian forms of recreation.
The AMA remains engaged with efforts regarding inherent risk and civil liability in multiple states, most notably in Texas, Iowa and Missouri, where bills have been introduced but are still working their way through committee.
Stay up-to-date on the latest AMA Government Relations efforts by visiting AmericanMotorcyclist.com/rights/ and signing up for AMA Rights updates.
About the American Motorcyclist Association
Founded in 1924, the AMA is a not-for-profit member-based association whose mission is to promote the motorcycle lifestyle and protect the future of motorcycling. As the world’s largest motorcycling rights and event sanctioning organization, the AMA advocates for riders’ interests at all levels of government and sanctions thousands of competition and recreational events every year. Besides offering members money-saving discounts on products and services, the AMA also publishes American Motorcyclist, a recently revitalized and monthly full-color magazine (and digital version of same) that covers current events and motorcycle history with brilliant photography and compelling writing. American Motorcyclist is also North America’s largest-circulation magazine. Through the AMA Motorcycle Hall of Fame in Pickerington, Ohio, the AMA honors the heroes and heritage of motorcycling. For more information, visit AmericanMotorcyclist.com.