(1) Notwithstanding ORS 810.410, a police officer may not initiate a traffic violation stop for unlawful use or failure to use lights under ORS 811.520 or operation without required lighting equipment under ORS 816.330 if the offense is based on the following circumstances: (a) A headlight that is not in compliance with ORS 816.050 or 816.320, and the vehicle has a headlight that is in compliance; (b) A taillight that is not in compliance with ORS 816.080 or 816.320, and the vehicle has a taillight that is in compliance; (c) A brake light that is not in compliance with ORS 816.100 or 816.320, and the vehicle has a brake light that is in compliance; (d) A taillight that does not emit red light as required by ORS 816.080 (2); or (e) A registration plate light that is not in compliance with ORS 816.090 or 816.320. (2) A police officer may issue a citation for unlawful use or failure to use lights under ORS 811.520 or operation without required lighting equipment under ORS 816.330 based on circumstances described in subsection (1) of this section only if the police officer has already stopped and detained the driver operating the motor vehicle for a separate traffic violation or other offense.
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