(1) If a child in violation of ORS § 814.485 is 11 years of age or younger, any citation issued shall be issued to the parent, legal guardian or person with legal responsibility for the safety and welfare of the child for violation of ORS § 814.486, rather than to the child for violation of ORS § 814.485.

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Terms Used In Oregon Statutes 814.488

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(2) If a child in violation of ORS § 814.485 is at least 12 years of age and is under 16 years of age, a citation may be issued to the child for violation of ORS § 814.485 or to the parent, legal guardian or person with legal responsibility for the safety and welfare of the child for violation of ORS § 814.486, but not to both.

(3) The first time a person is convicted of an offense described in ORS § 814.485 or 814.486, the person shall not be required to pay a fine if the person proves to the satisfaction of the court that the person has protective headgear of a type approved under ORS § 815.052. [1993 c.408 3c,7]