(1) A person commits the offense of failure to display lighted headlights on a moped or motorcycle at all times, if the person operates a moped or motorcycle and does not display lights and illuminated devices specified under ORS § 816.320 and 816.330 at all times the motorcycle or moped is upon a highway.

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(2) A person may use modulating headlights described under ORS § 816.050 during daylight without violating this section, but a person who uses such modulating headlights during limited visibility conditions is in violation of this section.

(3) This section does not apply when specific exceptions with respect to parked vehicles are made under ORS § 811.525.

(4) A court may dismiss, without penalty, any charge for violation of this section if the court determines that:

(a) The violation was caused by a malfunction of equipment; and

(b) The equipment that malfunctioned and caused the violation has been repaired or replaced.

(5) The offense described in this section, failure to display lighted headlights on a moped or motorcycle at all times, is a Class B traffic violation. [1983 c.338 § 695; 1985 c.16 § 332]