(1) A person commits the offense of failure to carry vehicle traction tires or chains if the person drives or moves or owns and causes or knowingly permits to be driven or moved any motor vehicle or trailer on any highway if the highway is posted showing conditions that require the person to carry vehicle traction tires or chains within the vehicle and the vehicle does not contain vehicle traction tires or chains.

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(2) Traction tires or chains that are referred to in this section are those established by rule under the authority granted under ORS § 815.045.

(3) This section does not apply to vehicles exempted from this section under ORS § 815.145.

(4) This section applies only to sections of highway on which a road authority requires a person to carry traction tires or chains within the vehicle and on which signs requiring the carrying of traction tires or chains have been posted as provided in ORS § 815.045.

(5) A court may not find a person to be in violation of the offense described under this section if the court determines that the conditions of the highway at the time the person was cited did not require posting under rules adopted under ORS § 815.045. The defense under this subsection may be affirmatively asserted by any person cited for violation of the offense described in this section.

(6) The offense described in this section, failure to carry vehicle traction tires or chains, is a Class C traffic violation. [2021 c.630 § 95]