Failure of motorcycle passenger to wear motorcycle helmet; penalty. (1) A person commits the offense of failure of a motorcycle passenger to wear a motorcycle helmet if the person rides as a passenger on a motorcycle and is not wearing a motorcycle helmet

(2) Exemptions from this section are established in ORS 814.290.

(3) The offense described in this section, failure of a motorcycle passenger to wear a motorcycle helmet, is a Class D traffic violation. [1987 c.910 §3; 1989 c.283 §1; 1995 c.492 §5]