(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.