“Class II all-terrain vehicle” means any motor vehicle that:
(1) Weighs more than or is wider than a Class I all-terrain vehicle;
(2) Is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland or other natural terrain;
(3) Is actually being operated off a highway or is being operated on a highway for agricultural purposes under ORS 821.191; and
(4) Is not a Class IV all-terrain vehicle.