(1) Notwithstanding ORS § 810.410, a police officer may not initiate a traffic violation stop for unlawful use or failure to use lights under ORS § 811.520 or operation without required lighting equipment under ORS § 816.330 if the offense is based on the following circumstances:

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(a) A headlight that is not in compliance with ORS § 816.050 or 816.320, and the vehicle has a headlight that is in compliance;

(b) A taillight that is not in compliance with ORS § 816.080 or 816.320, and the vehicle has a taillight that is in compliance;

(c) A brake light that is not in compliance with ORS § 816.100 or 816.320, and the vehicle has a brake light that is in compliance;

(d) A taillight that does not emit red light as required by ORS § 816.080 (2); or

(e) A registration plate light that is not in compliance with ORS § 816.090 or 816.320.

(2) A police officer may issue a citation for unlawful use or failure to use lights under ORS § 811.520 or operation without required lighting equipment under ORS § 816.330 based on circumstances described in subsection (1) of this section only if the police officer has already stopped and detained the driver operating the motor vehicle for a separate traffic violation or other offense. [2022 c.78 § 6]