(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.
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