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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 59 OREGON VEHICLE CODE
Chapter : Chapter 835 Aviation Administration
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The State Aviation Board with the
advice of the Oregon Department of Aviation shall incorporate as part of
its program a definite plan for the development of airports, state
airways, airplane industries and aviation generally. It shall through the
department cooperate with and assist the federal government, the
municipalities of the state, and other persons in the development of
aviation activities. Municipalities are authorized to cooperate with the
department in the development of aviation and aviation facilities in this
state, and shall notify the department of, and allow the department to
participate in an advisory capacity in, all municipal airport or aviation
system planning. [Formerly 491.050] The Director of the Oregon Department of
Aviation may enter into any contracts authorized by the State Aviation
Board and necessary to the execution of the powers granted by this
chapter. All contracts made by the director, either as the agent of the
state or as the agent of any municipality, shall be made pursuant to the
laws of the state governing the making of like contracts; however, where
the planning, acquisition, construction, improvement, maintenance or
operation of any airport, or any navigation facility is financed wholly
or in part with federal money, the director as the agent of the state or
any municipality may let contracts in the manner prescribed by the
federal authorities acting under the laws of the United States and any
rules or regulations made thereunder. [Formerly 491.060] The
Director of the Oregon Department of Aviation as authorized by the State
Aviation Board may accept, receive, receipt for, disburse and expend
federal moneys and other moneys, public or private, made available to
accomplish in whole or in part the acquisition, construction,
improvement, maintenance and operation of airports, and other aviation
facilities in this state. All federal moneys accepted under this section
and ORS 836.070 shall be accepted and transferred or expended upon such
terms and conditions as are prescribed by the United States. All moneys
received pursuant to this section and ORS 836.070 shall be deposited in
the State Treasury and, unless otherwise prescribed by the authority from
which such moneys were received, shall be kept in separate funds
designated according to the purposes for which the moneys were made
available, and held by the state in trust for such purposes. All such
moneys are continuously appropriated to the department for the purposes
for which the same were made available, to be disbursed or expended in
accordance with the terms and conditions upon which they were made
available. [Formerly 491.070; 2005 c.755 §57] So far as is possible, all
employees of the Oregon Department of Aviation shall be situated in the
same building. [Formerly 491.090; 1993 c.741 §90a; 1999 c.935 §33](1) The State Aviation Board may perform such
acts, adopt or amend and issue such orders, rules and regulations, and
make, promulgate and amend such minimum standards, all consistent with
the provisions of this chapter, as it considers necessary to carry out
the provisions of this chapter and to perform its duties thereunder.
(2) No such rule, regulation or order of the board shall apply to
airports or air navigation facilities owned or operated by the United
States.
(3) All authority, power and duty delegated to the board by the
provisions of this section shall be exercised and performed in all
respects commensurate with and for the purpose of protecting and insuring
the general public interest and safety, the safety of persons receiving
instruction concerning, or operating, or using or traveling in aircraft,
and of persons or property on land or water, and to develop and promote
aviation in this state.
(4) Promulgation of rules, conduct of hearings and issuance and
judicial review of rules and orders shall be in accordance with ORS
chapter 183. [Formerly 491.100] All rules and
regulations prescribed by the State Aviation Board under authority of the
aviation laws of this state shall be kept in conformity with, and limited
to, as nearly as may be, the then current federal legislation governing
aviation, the regulations duly promulgated thereunder, and rules and
standards issued from time to time pursuant thereto. [Formerly 491.110] (1) All fees
and other moneys received by the Oregon Department of Aviation under ORS
chapter 835, 836 or 837, except moneys received under the provisions of
ORS 835.025, 836.070 and 837.035, shall be paid into the State Treasury
monthly. The State Treasurer shall credit such payments to the State
Aviation Account in the General Fund. Moneys in the account are
continuously appropriated to the department for the purpose of carrying
out the provisions of this chapter. None of the funds in this section
appropriated or hereafter made available for aviation purposes shall be
expended upon any aviation project that is not carried out under the
supervision and direction of the State Aviation Board. Fees paid into the
account pursuant to ORS 837.045 shall be expended only for airport
maintenance and capital construction and for payment of expenses of air
search and rescue.
(2) The fiscal officer of the department shall keep a true and
accurate account of all sums received and all vouchers issued by the
department under this section. [Formerly 491.150; 1991 c.186 §6; 1993
c.741 §92; 1995 c.733 §77; 1997 c.263 §4; 1999 c.935 §35; 2005 c.755 §58] All necessary expenses of
the Oregon Department of Aviation incurred in carrying out the provisions
of this chapter shall be audited by the Secretary of State and paid from
the State Aviation Account in the same manner as other claims against the
state are paid, after due approval thereof by the Director of the Oregon
Department of Aviation, or as provided by law. [Formerly 491.160] The Director of the Oregon Department of Aviation
shall keep a true and accurate account of all sums received and of
vouchers issued by the Oregon Department of Aviation. [Formerly 491.170]OREGON DEPARTMENT OF AVIATION (1) The Oregon
Department of Aviation is established.
(2) The department is under the supervision and control of a
director, who is responsible for the performance of the duties, functions
and powers of the department.
(3) For purposes of administration, subject to the approval of the
State Aviation Board, the director may organize and reorganize the
department as the director considers necessary to conduct properly the
work of the department. [1999 c.935 §2] (1) There is established the
State Aviation Board consisting of seven members appointed by the
Governor, subject to confirmation by the Senate pursuant to ORS 171.562
and 171.565. The Governor shall appoint members of the board in
compliance with all of the following:
(a) Members shall be appointed with consideration of the different
geographic regions of the state, with one member being a resident of the
area east of the Cascade Range.
(b) Not more than four members shall belong to the same political
party. Party affiliation shall be determined by the appropriate entry on
official election registration cards.
(2) The board membership shall represent diverse aviation interests
from both the private and public sectors.
(3) The term of office of each member is four years. Before the
expiration of the term of a member, the Governor shall appoint a
successor whose term begins on July 1 next following. A member is
eligible for reappointment. In case of a vacancy for any cause, the
Governor shall appoint a person to fill the office for the unexpired term.
(4) A member of the board is entitled to compensation and expenses
as provided by ORS 292.495. [1999 c.935 §2a; 2001 c.4 §1] (1) The Governor shall
appoint one member of the State Aviation Board as chairperson and another
member as vice chairperson. The chairperson and vice chairperson shall
have such terms, duties and powers as the board determines are necessary
for the performance of such offices.
(2) A majority of the members of the board constitutes a quorum for
the transaction of business.
(3) The board shall meet at least once a quarter, at a time and
place determined by the members of the board. The board shall also meet
at such other times and places as are specified by the call of the
chairperson or of a majority of the board.
(4) No vacancy shall impair the right of the remaining board
members to exercise all the powers of the board, except that four members
of the board shall constitute a quorum for the conduct of business of the
board, and, in case the board members are unable to agree, the Governor
shall have the right to vote as a member of the board.
(5) The board may provide an official seal. [1999 c.935 §2b; 2001
c.4 §2](1) The Governor shall appoint the Director of the
Oregon Department of Aviation, subject to confirmation by the Senate
pursuant to ORS 171.562 and 171.565, who holds office at the pleasure of
the Governor.
(2) The Governor may not appoint a person as director unless the
person has experience in airport operations or management.
(3) Subject to policy direction by the State Aviation Board, the
director shall:
(a) Be the administrative head of the department;
(b) Have power, within applicable budgetary limitations, and in
accordance with ORS chapter 240, to hire, assign, reassign and coordinate
personnel of the department and prescribe their duties and fix their
compensation, subject to the State Personnel Relations Law;
(c) Administer the laws of the state concerning aviation; and
(d) Intervene, as authorized by the board, pursuant to the rules of
practice and procedure, in the proceedings of state and federal agencies
that may substantially affect the interests of the consumers and
providers of aviation services within Oregon.
(4) In addition to duties otherwise required by law, the director
shall prescribe regulations for the government of the department, the
conduct of its employees, the assignment and performance of its business
and the custody, use and preservation of its records, papers and property
in a manner consistent with applicable law.
(5) The director may delegate to any of the employees of the
department the exercise or discharge in the director’s name of any duty,
function or power of whatever character, vested in or imposed by law upon
the director, including duties, functions or powers delegated to the
director by the board. The official act of any person acting in the
director’s name and by the authority of the director shall be considered
to be an official act of the director.
(6) The director shall have authority to require a fidelity bond of
any officer or employee of the department who has charge of, handles or
has access to any state money or property, and who is not otherwise
required by law to give a bond. The amounts of the bonds shall be fixed
by the director, except as otherwise provided by law, and the sureties
shall be approved by the director. The department shall pay the premiums
on the bonds.
(7) The director shall prepare and submit to the board on or about
December 31 of each year an annual report for the 12 months ending the
prior June 30. The annual report shall set forth all that the department
has done during the year. The report shall contain a statement of the
parts of the state aviation system that were constructed, reconstructed
or improved during the period, together with a statement showing in a
general way the status of the state aviation system. [1999 c.935 §3] The Director of
the Oregon Department of Aviation shall receive such salary as may be
provided by law or as fixed by the State Aviation Board. In addition to
salaries, the director, or any deputy directors or assistant directors,
subject to the limitations otherwise provided by law, shall be reimbursed
for all reasonable expenses necessarily incurred in the performance of
official duties. [1999 c.935 §4] The Director of the
Oregon Department of Aviation and specially authorized representatives of
the director may administer oaths, take depositions and issue subpoenas
to compel the attendance of witnesses and the production of documents or
other written information necessary to carry out the functions of the
department. If any person fails to comply with a subpoena issued under
this section or refuses to testify on matters on which the person
lawfully may be interrogated, the procedure set out in ORS 183.440 shall
be followed to compel obedience. [1999 c.935 §6] In accordance with applicable provisions of ORS
chapter 183, the Director of the Oregon Department of Aviation may adopt
rules necessary for the administration of the laws that the department is
charged with administering. [1999 c.935 §5] Except as required under
ORS 197.180, the Oregon Department of Aviation may not adopt any rules
intended primarily to implement ORS chapter 197, 215 or 227. The
department shall comply with the land use planning goals and guidelines
adopted under ORS 197.225 and rules adopted under ORS 197.040. The
department may make recommendations to the Department of Land
Conservation and Development regarding land use issues. [1999 c.935 §38a]Note: 835.114 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 835 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.SEAPLANE REGULATION (1) The State Aviation
Board, pursuant to ORS 835.035 and utilizing the definitions contained in
ORS 830.005:
(a) Shall adopt rules governing seaplane safety and operations on
state waters, as defined in ORS 830.005, that shall be applicable to all
seaplanes except when inconsistent with any applicable laws or
regulations of an agency of the United States.
(b) May adopt rules governing seaplane safety and operations on
waters of this state, as defined in ORS 830.005, that shall be applicable
to all seaplanes except when inconsistent with any applicable laws or
regulations of an agency of the United States.
(2) The State Aviation Board shall adopt the rules in subsection
(1) of this section in consultation with the State Marine Board and the
State Parks and Recreation Department.
(3) The rules in subsection (1) of this section shall include
identification of zones and bodies of water on which seaplanes may not
land, take off or operate.
(4) As used in this section and ORS 835.210, “seaplane” means an
aircraft equipped to land on water. [Formerly 835.080; 2005 c.22 §519]For purposes of ORS 830.175, 830.180,
830.185 and 830.195, the Oregon Department of Aviation, in cooperation
with the State Marine Board, shall regulate boats that are seaplanes as
provided in ORS 830.605 and 835.200. [Formerly 835.045; 2003 c.14 §505](1) The governing body of a political subdivision of this
state may apply to the State Aviation Board for special regulations
relating to the operations of seaplanes on waters within the territorial
limits of the political subdivision. These regulations may include, but
need not be limited to, the establishment of limits on the areas of
operations, hours and time of operations, and the prohibition of seaplane
landings and takeoffs. Within a reasonable time, the board shall act upon
the application in accordance with ORS chapter 183.
(2) For purposes of regulation, no political subdivision of this
state may enact or enforce any law or other regulation for purposes of
subsection (1) of this section. [Formerly 835.085]
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