(1) A person commits the offense of failure of a motor assisted scooter operator to wear protective headgear if the person operates a motor assisted scooter on a highway or on premises open to the public and is not wearing protective headgear of a type approved under ORS 815.052. (2) A person is exempt from the protective headgear requirement of subsection (1) of this section if wearing the headgear would violate a religious belief or practice of the person. (3) The first time a person is convicted of an offense under this section, the person may not be required to pay a fine if the person proves to the satisfaction of the court that the person has protective headgear of a type approved under ORS 815.052. (4) The offense described in this section, failure of a motor assisted scooter operator to wear protective headgear, is a specific fine traffic violation. The presumptive fine for failure of a motor assisted scooter operator to wear protective headgear is $25.
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