(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:
(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.