(1) it's a violation of this statute for anyone to:

(a) operate a Class I ATV, Class II ATV, Class III ATV or Class IV ATV on premises open to the public or on a highway and the person carries another person on ATV who is under 18 & isn't wearing a motorcycle helmet with a fastened chin strap OR

(b) the person is the parent, legal guardian or person with legal responsibility for the safety and welfare of a child under 18 and the child operates or rides on a Class I ATV, Class II ATV, Class III ATV or Class IV ATV on premises open to the public or on a highway without wearing a motorcycle helmet with a fastened chin strap

(2) the requirement to wear a motorcycle helmet with a fastened chin strap doesn't apply if the ATV is:

(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.

(b) being used on land owned or leased by the owner of the vehicle.

(c) a Class II ATV registered under 803.420 (Registration fees) and has a roof or roll bar.

(1) A person commits the offense of failure of an ATV operator or passenger to wear a motorcycle helmet if:

(a) The person is under 18, operates or rides on a Class I ATV, Class II ATV, Class III ATV or Class IV ATV on premises open to the public or a highway and is not wearing a motorcycle helmet with a fastened chin strap OR

(b) The person is 18 or older, operates or rides on a Class I ATV or Class III ATV on an ATV highway access route that's designated by the Oregon Transportation Commission as open to ATVs and is not wearing a motorcycle helmet with a fastened chin strap.

(2) The requirement to wear a motorcycle helmet with a fastened chin strap doesn't apply if the ATV is:

(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.

(b) Being used on land owned or leased by the owner of the vehicle.

(c) A Class II ATV registered under 803.420 (Registration fees) and has a roof or roll bar.

(1) it's a violation of this statute to be the owner of a snowmobile that is in this state or is operating at any place in this state and the snowmobile has not been issued a title as provided under 821.060 (Issuance)

(2) the requirement to title a snowmobile under this statute does not apply if the snowmobile is any of the following:

(a) owned & operated by the United States, another state or political subdivision thereof.

(b) owned & operated by this state or by any city, district or political subdivision thereof.

(c) exempted from registration requirements by 821.090

(d) a new snowmobile that is in the possession of a dealer for purposes of sale or display

regardless of 821.020, or any law requiring that vehicles be equipped in specified ways in order to operate on highways, anyone may operate Class I ATVs, Class II ATVs, Class III ATVs and Class IV ATVs on any highway in oregon that's open to the public if:

(1) the highway isn't maintained for passenger car traffic.

(2) the person is on or crossing a portion of highway right of way as permitted under 821.200

(3) tThe person is on an ATV highway access route that is designated by the Oregon Transportation Commission as open to all-terrain vehicles.

(1) Anyone 16 or older violates this statute if they operate a Class I ATV on public lands without holding a valid Class I all-terrain vehicle operator permit issued under 390.570 (Class I ATV operator permits).

(2) Anyone under 16 years violates this statute if they operate a Class I ATV on public lands without meeting all the following conditions:

(a) The child must be accompanied by a person who is at least 18, holds a valid ATV operator permit issued under 390.570 (Class I ATV operator permits), 390.575 (Class II ATV operator permits) or 390.577 (Class IV ATV operator permits)390.577 and is able to provide immediate assistance and direction to the child.

(b) The child must hold a valid Class I ATV operator permit issued under 390.570 (Class I ATV operator permits).

(c) The child must meet rider fit guidelines established by the State Parks and Recreation Department under 390.585 (Rules).

(3) This section does not apply if the ATV is:

(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 AND

(b) being used on land owned or leased by the owner of the vehicle.

(1) it's a violation of this statute for anyone to operate a vehicle described in paragraph (2) in any of the following described areas:

(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

(b) on or across a railroad right of way.

(2) this statute applies to:

(a) snowmobiles

(b) class I ATVs

(c) class II ATVs not properly equipped for operation on a highway

(d) class III ATVs not properly equipped for operation on a highway

(e) class IV ATVs

(3) exemptions from this section are established under 821.055 (operation of atvs on certain highways) and 821.200

(4) in addition to penalties provided by this statute, the operator or owner of a snowmobile or Class I ATV, Class II ATV, Class III ATV, or Class IV ATV, may be liable for treble damages as provided under 821.310