(1) A person commits the offense of carrying a minor on an external part of a motor vehicle if the person carries any person under 18 years of age upon the hood, fender, running board or other external part of any motor vehicle that is upon a highway.

(2) For purposes of this section, the open bed of a motor vehicle is an external part of a motor vehicle.

(3) A person does not commit the offense described in this section if the person:

(a) Is carrying a minor in the open bed of a motor vehicle and the minor is secured with a safety belt or safety harness that complies with rules adopted under ORS § 815.055;

(b) Is operating the motor vehicle in an organized parade; or

(c) Is carrying a minor who is seated on the floor of the open bed of a motor vehicle in which all available passenger seats are occupied by minors, the tailgate is securely closed and the minor is being transported:

(A) In the course and scope of employment, provided that the minor is transported in compliance with law and rules regulating the transport of workers; or

(B)(i) Between a hunting camp and a hunting site or between hunting sites during hunting season; and

(ii) The minor has a hunting license.

(4) The offense described in this section, carrying a minor on an external part of a motor vehicle, is a Class B traffic violation. [1983 c.338 § 604; 1995 c.383 § 53; 2003 c.107 § 1]