(1) A person commits the offense of unlawful use of a disabled person parking permit if the person:
(a) Is not a person with a disability and is not transporting the holder of a disabled person parking permit to or from the parking location; and
(b) Uses a disabled person parking permit described under ORS 811.602 or 811.606 to exercise any privileges granted under ORS 811.635.
(2) Except as provided in subsection (3) of this section, unlawful use of a disabled person parking permit is a Class C traffic violation.
(3) A second or subsequent conviction for unlawful use of a disabled person parking permit is a Class A traffic violation.