(1) A person commits the offense of having a passenger in a trailer if the person operates a vehicle on a highway while towing any type of trailer that contains a passenger.

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(2) This section does not apply if the person is operating any of the following vehicles:

(a) A commercial bus trailer.

(b) An independently steered trailer.

(c) A trailer towed with a fifth wheel hitch if the trailer is equipped with all of the following:

(A) Safety glazing materials that meet the standards established under ORS § 815.040 wherever there are windows or doors with windows on the vehicle.

(B) An auditory or visual signaling device that a passenger inside the vehicle can use to gain the attention of the motor vehicle driver towing the vehicle.

(C) At least one unobstructed exit capable of being opened from both the interior and exterior of the vehicle.

(3) The offense described in this section, passenger in trailer, is a Class D traffic violation. [1983 c.338 § 602; 1985 c.16 § 307; 1995 c.383 § 51; 2003 c.158 § 7]