- (1) A person commits the offense of failure to display lighted headlights on a moped or motorcycle at all times, if the person operates a moped or motorcycle and does not display lights and illuminated devices specified under ORS 816.320 and 816.330 at all times the motorcycle or moped is upon a highway.
- (2) A person may use modulating headlights described under ORS 816.050 during daylight without violating this section, but a person who uses such modulating headlights during limited visibility conditions is in violation of this section.
- (3) This section does not apply when specific exceptions with respect to parked vehicles are made under ORS 811.525.
(4) A court may dismiss, without penalty, any charge for violation of this section if the court determines that:
- (a) The violation was caused by a malfunction of equipment; and
- (b) The equipment that malfunctioned and caused the violation has been repaired or replaced.
- (5) The offense described in this section, failure to display lighted headlights on a moped or motorcycle at all times, is a Class B traffic violation.
[1983 c.338 §695; 1985 c.16 §332]