(1) A person commits the offense of unlawful operation of an off-road vehicle on a highway or railroad if the person operates a vehicle described in subsection (2) of this section in any of the following described areas:
(a) On or across the paved portion, the shoulder, inside bank or slope of any highway, on or across the median of any divided highway or on or across any portion of a highway right of way under construction.
(b) On or across a railroad right of way.
(2) This section applies to:
(a) Snowmobiles.
(b) Class I all-terrain vehicles.
(c) Class II all-terrain vehicles that are not properly equipped for operation on a highway.
(d) Class III all-terrain vehicles.
(e) Class IV all-terrain vehicles.
(3) Exemptions from this section are established under ORS 821.055 and 821.200.
(4) In addition to penalties provided by this section, the operator or owner of a snowmobile or Class I, Class II, Class III or Class IV all-terrain vehicle may be liable as provided under ORS 821.310.
(5) The offense described in this section, unlawful operation of an off-road vehicle on a highway or railroad, is a Class B traffic violation.