1. (1) A person commits the offense of endangering an all-terrain vehicle operator or passenger if:

   1. (a) The person is operating a Class I, Class II, Class III or Class IV all-terrain vehicle on premises open to the public or on a highway and the person carries another person on the Class I, Class II, Class III or Class IV all-terrain vehicle who is under 18 years of age and is not wearing a motorcycle helmet with a fastened chin strap; or
   2. (b) The person is the parent, legal guardian or person with legal responsibility for the safety and welfare of a child under 18 years of age and the child operates or rides on a Class I, Class II, Class III or Class IV all-terrain vehicle on premises open to the public or on a highway without wearing a motorcycle helmet with a fastened chin strap.

2. (2) The requirement to wear a motorcycle helmet with a fastened chin strap does not apply if the all-terrain vehicle is:

   1. (a) Used exclusively in farming, agricultural or forestry operations or used by persons licensed under ORS chapter 571 exclusively for nursery or Christmas tree growing operations.
   2. (b) Being used on land owned or leased by the owner of the vehicle.
   3. (c) A Class II all-terrain vehicle registered under ORS 803.420 and has a roof or roll bar.
3. (3) The offense described in this section, endangering an all-terrain vehicle operator or passenger, is a Class D traffic violation.

[1995 c.775 §§3,11; 2007 c.887 §3b; 2009 c.452 §2; 2011 c.360 §27; 2017 c.453 §11]