(1) A person commits the offense of endangering a Class IV all-terrain vehicle operator if the person is the parent, legal guardian or person with legal responsibility for the safety and welfare of a child under 16 years of age, the child operates a Class IV all-terrain vehicle on public lands and the child:

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(a) Does not possess a Class IV all-terrain vehicle operator permit issued under ORS § 390.577;

(b) Is not accompanied by a person who is at least 18 years of age, holds a valid all-terrain vehicle operator permit issued under ORS § 390.570, 390.575 or 390.577 and is able to provide immediate assistance and direction to the child;

(c) Is not in compliance with the manufacturer’s minimum age recommendation as evidenced by the manufacturer’s warning label affixed to the vehicle; or

(d) Is not in compliance with the rider fit guidelines established by the State Parks and Recreation Department under ORS § 390.585.

(2) This section does not apply if the all-terrain vehicle is:

(a) Used exclusively in farming, agricultural or forestry operations or used by persons licensed under ORS Chapter 571 exclusively for nursery or Christmas tree growing operations; and

(b) Being used on land owned or leased by the owner of the vehicle.

(3) The offense described in this section, endangering a Class IV all-terrain vehicle operator, is a Class C traffic violation. [2011 c.360 § 33]

821.293 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS Chapter 821 or any series therein. See Preface to Oregon Revised Statutes for further explanation.