(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.