(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. [2001 c.749 §16; 2011 c.597 §105]