1. (1) A person commits the offense of unlawful operation of an off-road vehicle on a highway or railroad if the person operates a vehicle described in subsection (2) of this section in any of the following described areas:

   1. (a) On or across the paved portion, the shoulder, inside bank or slope of any highway, on or across the median of any divided highway or on or across any portion of a highway right of way under construction.
   2. (b) On or across a railroad right of way.

2. (2) This section applies to:

   1. (a) Snowmobiles.
   2. (b) Class I all-terrain vehicles.
   3. (c) Class II all-terrain vehicles that are not properly equipped for operation on a highway.
   4. (d) Class III all-terrain vehicles.
   5. (e) Class IV all-terrain vehicles.
3. (3) Exemptions from this section are established under ORS 821.055 and 821.200.
4. (4) In addition to penalties provided by this section, the operator or owner of a snowmobile or Class I, Class II, Class III or Class IV all-terrain vehicle may be liable as provided under ORS 821.310.
5. (5) The offense described in this section, unlawful operation of an off-road vehicle on a highway or railroad, is a Class B traffic violation.

[1985 c.72 §2; 1985 c.459 §28 (enacted in lieu of 1983 c.338 §§724,725,726); 1989 c.991 §12; 1995 c.383 §111; 1999 c.372 §1; 2011 c.360 §24; 2017 c.453 §1]