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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 59 OREGON VEHICLE CODE
Chapter : Chapter 837 Aircraft Operation
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ORS 837.015 and 837.040 to 837.070 do not apply to:
(1) Aircraft owned by any person, firm or corporation and
certificated by the appropriate federal agency for domestic or foreign
scheduled air commerce;
(2) Military aircraft of the United States of America;
(3) Aircraft licensed by a foreign country with which the United
States has reciprocal relations exempting aircraft registered by the
United States, or any political subdivision thereof, from registration
within such foreign country; or
(4) Classes of aircraft designated as exempt by rules adopted by
the State Aviation Board. [Formerly 493.010; 2005 c.22 §520; 2005 c.75 §1] No person shall fly
aircraft in this state unless holding a pilot certificate of competency
issued by the appropriate federal agency. [Formerly 493.020]Unless exempted by ORS 837.005,
no person shall fail to register any aircraft when required by ORS
837.040 to 837.070. [Formerly 493.030] (1) In the interest of
public safety and the safety of those people traveling by air or
receiving aviation instruction, every pilot operating within this state
shall register with the Oregon Department of Aviation within 60 days of
issuance of any appropriate effective federal certificate, permit, rating
or license relating to competency as a pilot except that student pilots
shall register prior to their first solo flight. A nonresident pilot of a
scheduled or nonscheduled airline, certificated by the appropriate
federal agency, is not required to register under the provisions of this
section unless the nonresident pilot engages in the piloting of aircraft
other than such certificated operation. Nonresidents operating within
this state, other than in a commercial operation, shall register with the
department within 60 days of the date of arrival within the state. Pilots
operating commercially shall register prior to any commercial operation.
(2) Every registered pilot shall renew the first registration on
the anniversary of the pilot’s birthdate. After the first renewal, each
pilot shall renew registration on the anniversary of the pilot’s
birthdate in the first year of each two-year period thereafter in which
the pilot is active as a pilot.
(3) Every registered pilot shall notify the department in writing
within 30 days of a change of address or name. The notification shall
contain the old and new residence address or name and the pilot
registration number. [Formerly 493.040; 1991 c.186 §1]
(1) Possession of the appropriate effective federal certificate, permit,
rating or license relating to competency of the pilot and payment of a
fee of $8 for initial registration and $16 for each renewal of
registration shall be the requisite for registration of the pilot under
ORS 837.020. A filing of a written statement containing the information
reasonably required by the Oregon Department of Aviation is sufficient to
effect a registration. No originals or copies of federal certificates,
permits, ratings or licenses shall be required of the applicant.
Duplicate certificates of pilot registration may be obtained upon proof
of loss or destruction of the original by application therefor to the
department and the payment of $5 for each additional certificate.
(2) The department may issue certificates of registration and may
prescribe requirements for possession and exhibition of such certificates.
(3) Information submitted in any application for registration is a
public record and is open to public inspection during normal office
hours. [Formerly 493.050; 1991 c.206 §1; 1997 c.585 §3] Every pilot operating
within this state shall present a federal certificate of competency and
state certificate of registration on demand. The certificate of
registration shall be kept in the personal possession of the licensee
when operating aircraft within this state and must be presented for
inspection upon demand of any passenger, peace officer, official manager
in charge of any airport, other aircraft operator or federal or state
agent. [Formerly 493.060]All moneys received by the
Oregon Department of Aviation for the registration of pilot licenses as
prescribed in ORS 837.020 shall be paid by the department to the State
Treasurer, who shall deposit it in the General Fund to a special account
to be known as the Aviation Search and Rescue Account. The money in the
account established under this section shall be used by the Office of
Emergency Management of the Department of State Police only for the
following purposes or as otherwise provided by law:
(1) Such amount as may be necessary shall be used for the payment
of all expenses incurred by the Office of Emergency Management in
conducting activities authorized under ORS 401.555 to search for lost
planes and lost persons, the rescue of lost persons, pilot survival
education and training and all other expenses directly attributable to
the search and rescue program and for the payment of expenses of the
Oregon Department of Aviation relating to the registration of pilot
licenses. The Oregon Department of Administrative Services, after
approval of claims for the expenses referred to in this subsection, shall
draw warrants on the State Treasurer for the payment thereof, payable out
of the Aviation Search and Rescue Account.
(2) The Office of Emergency Management may use money from the
Aviation Search and Rescue Account to provide insurance to compensate any
member of a volunteer air search and rescue organization for injuries or
loss of life sustained in the scope of performing air search and rescue
operations while under the direction of the Office of Emergency
Management. The insurance may be obtained from a public or private
insurer. The scope, coverage and benefits provided under the insurance
shall not exceed those provided for persons under ORS chapter 656. If the
insurance is provided, the coverage provided by the insurance:
(a) Shall include all volunteer members accepted by the Office of
Emergency Management.
(b) Regardless of negligence, is the exclusive remedy of a member
of the Office of Emergency Management air search and rescue organization
against the State of Oregon, the Office of Emergency Management or any
other person acting under the authority or direction of the Office of
Emergency Management for those injuries or losses resulting from the air
search and rescue activities. [Formerly 493.070; 1993 c.741 §94; 1997
c.263 §3; 1999 c.935 §38](1) Except as provided in subsection (2) of this
section, the following are required to register civil aircraft with the
Oregon Department of Aviation:
(a) The owner of a civil aircraft that is capable of flight and
that is based in this state.
(b) The owner of a civil aircraft that is used for commercial
operations in this state.
(2) An owner need not register a civil aircraft that is:
(a) Exempted by the provisions of ORS 837.005; or
(b) Subject to assessment and taxation under ORS 308.558.
(3) An owner who is otherwise required to comply with subsection
(1) of this section is not exempt from compliance because the aircraft
has an appropriate, effective permit or license issued by the United
States.
(4) An owner applying for registration of an aircraft under this
section shall file an application form supplied by the department. The
State Aviation Board may adopt rules specifying the information that may
be required on the application form.
(5)(a) The owner of a civil aircraft that is based in Oregon shall
register the aircraft within 60 days of the date the aircraft becomes
subject to registration. The owner of a civil aircraft that is not based
in Oregon but that is used in Oregon for commercial operations shall
register the aircraft prior to the first time the aircraft is used in
Oregon for commercial operations.
(b) The department may impose a late fee on a person who fails to
register an aircraft within the time required by this subsection. The
board may determine by rule the amount of late fees that may be imposed
under this paragraph. The board may adopt a graduated schedule of late
fees, but the maximum amount of a late fee may not be more than the
amount of the registration fee.
(6) An application for registration must be accompanied by the
registration fee specified in ORS 837.045 and, if a late fee is imposed
under subsection (5) of this section, by the late fee.
(7) Registration under this section is not complete until the owner
receives a notice of registration from the department. [Formerly 493.080;
1993 c.741 §95; 2005 c.75 §2] (1) The registration fee to be paid under ORS
837.040, and the fee to be paid upon renewal of registration under ORS
837.060, is as follows:
___________________________________________________________________________
___AIRCRAFT CLASSIFICATION
AND FEE SCHEDULESingle engine fixed wing $50
Multiengine fixed wing, piston 75
Multiengine fixed wing, turboprop 100
Turbojet fixed wing 162
Helicopter piston engine 50
Helicopter turbine engine 100
Lighter than air, home built,
sailplane, experimental or gyrocopter 37
Ultralight aircraft 25
Ex-military multiengine or turbojet/
ex-air carrier
187
___________________________________________________________________________
___ (2) Any registration fees and penalties due in a previous year but
not paid remain due and payable and may be collected by the Oregon
Department of Aviation prior to renewal of registration of the aircraft
in the current year. [Formerly 493.090; 1991 c.186 §2; 1997 c.585 §8;
2005 c.75 §3]Notwithstanding ORS 293.445, the Oregon Department of Aviation
may transfer to the State Aviation Account any and all moneys paid for
aircraft registration under ORS 837.040 and 837.045 if the registration
is not completed due to the failure of the aircraft owner to pay the
appropriate registration fee or penalty due. This section applies to all
moneys paid, but not yet refunded and to future payments. [Formerly
493.095](1)
Upon receipt of an application for registration of any aircraft and
payment of the required license fee, the Director of the Oregon
Department of Aviation shall assign to the application and the aircraft
to be registered a distinctive number and register the facts stated in
the application and the number in an index to be kept for that purpose.
(2) A certificate of registration, bearing the same number assigned
to the application, and in a form and design to be determined by the
Oregon Department of Aviation, shall be delivered to the owner of the
aircraft without further expense to such applicant.
(3) The following apply to the use and display of certificates of
registration and other signs denoting registration for aircraft:
(a) The certificate of registration shall be carried in the
aircraft at all times.
(b) No sign to denote registration of aircraft by the State of
Oregon, other than those furnished by the director, shall be used.
(4) Duplicate certificates of registration may be obtained, upon
proof of loss or destruction of the original, by application therefor to
the department and the payment of $15 for each additional certificate.
The facts stated in any application for registration shall be a public
record and open to inspection by the public during reasonable office
hours.
(5) Registration of an aircraft does not require, nor does it
constitute, evidence of legal ownership of the aircraft. [Formerly
493.100; 1993 c.161 §1; 1993 c.741 §96; 1997 c.585 §4] (1) All
registrations under ORS 837.040 expire annually on the anniversary of the
date the aircraft is originally registered with the Oregon Department of
Aviation.
(2) The owner of an aircraft subject to renewal of registration
shall renew the registration on or before the date of expiration by
filing a form provided by the department and paying the fee for renewal
of registration established in ORS 837.045. The department may impose a
late fee on a person who fails to renew registration within the time
required in the same manner and in the same amounts as late fees imposed
under ORS 837.040. [Formerly 493.110; 1991 c.186 §3; 1997 c.585 §9; 2005
c.75 §4]Whenever any bank check issued in payment of any
aircraft or pilot registration fee is returned to the Director of the
Oregon Department of Aviation as uncollectible, the director shall charge
to the person presenting such check to the director an additional fee of
$25, plus all protest fees to cover the costs of collection. If the fee
and the charges for collecting the check, as provided in this section,
and the proceeds of the check then are not paid, the director shall
suspend the registration in payment of which the check was presented, and
may delegate authority to any Oregon Department of Aviation employee or
police officer to seize and recover the registration certificate and such
other evidence of registration as has been issued. [Formerly 493.120;
1997 c.585 §5]
(1) Upon the purchase of any aircraft registered in accordance with ORS
837.040, title to the certificate of registration assigned thereto shall
vest in the purchaser. Within 10 days after the date of:
(a) Purchase, the purchaser shall file with the Oregon Department
of Aviation an application to transfer the registration, stating the name
and business address of the purchaser, the name of the seller, the
registration number assigned to the aircraft, and a brief description of
the aircraft as required for an original registration.
(b) Sale, the seller shall notify the Director of the Oregon
Department of Aviation of the sale with the name and address of the
purchaser, registration number assigned to the aircraft and a brief
description of the aircraft as required for an original registration.
(2) Upon the receipt of the application and the payment of a fee of
$15, the director shall transfer the license and registration number to
the purchaser, and shall record the transfer. No sale or transfer of any
aircraft registered under ORS 837.040 shall be valid without compliance
with the provisions of this section. If an aircraft is not registered at
the time of purchase, even though the aircraft may have been purchased
within the state, new or used, the purchaser shall register it in
accordance with ORS 837.040 and 837.045. [Formerly 493.130; 1993 c.741
§97; 1997 c.585 §6] (1) Any dealer in new or
used aircraft, or both, shall apply to the Oregon Department of Aviation
for a dealer’s license. Upon such application, the department shall issue
an aircraft dealer’s license to the applicant for an annual fee of $250.
The dealer’s license shall be in lieu of all other licenses or
registration required by ORS 837.040 upon the dealer’s aircraft within
this state, so long as they are kept for resale and are not used in
commercial operations within this state.
(2) This section does not prohibit the registering of a dealer’s
aircraft under ORS 837.040.
(3) Upon the sale by a dealer of an aircraft which is not
registered under ORS 837.040, the dealer shall advise the purchaser of
the registration requirements under ORS 837.040 to 837.070 and furnish
the purchaser with the proper application forms. [Formerly 493.140; 1997
c.585 §7] (1) A person commits the
offense of prohibited operation of an aircraft if the person operates an
aircraft in the air, or on the ground or water:
(a) While the person is under the influence of intoxicating liquor,
drugs or controlled substances.
(b) In a careless or reckless manner so as to endanger the life or
property of another.
(2) The offense described in this section, prohibited operation of
an aircraft, is punishable as provided under ORS 837.990. [Formerly
493.160]
(1) Unless a permit is granted by the Director of the Oregon Department
of Aviation or except in an emergency, no person shall throw or drop any
missile or other article or substance from any aircraft in flight, except
over ground temporarily or permanently devoted to flying, or over open
water.
(2) This section does not prohibit, or require a permit for, the
use of an airplane for crop dusting or any other agricultural purposes or
for seeding any agricultural or horticultural crop or for dusting or
spraying in furtherance of insect and pest control. Any such use of an
airplane shall be made with due regard for the safety of others.
[Formerly 493.170] Except
in an emergency, no person shall land aircraft on highways or public
parks or other public grounds without permission from the authorities in
charge thereof. [Formerly 493.180]No person shall fly over a government fort or tract of
land set aside for military or naval purpose, nor shall any person make
any photograph or map of such fort or land from any aircraft without
written permission having been obtained from the person in command of the
fort or land. [Formerly 493.190] (1) In addition
to any other persons permitted to enforce violations, the Director of the
Oregon Department of Aviation and any employee specifically designated by
the director may issue citations for violations established under ORS
837.990 in the manner provided by ORS chapter 153.
(2) All fines and court costs recovered from violations established
under ORS 837.990 shall be paid to the clerk of the court involved. The
clerk, after deductions of court costs provided by law for the
proceeding, shall pay the remainder of the money to the State Treasurer
to be deposited in the Criminal Fine and Assessment Account in the
General Fund. [Formerly 493.225; 1991 c.460 §11; 1999 c.1051 §114] (1) Except as otherwise provided in this section
and subject to ORS 153.022, a person commits a Class A violation if the
person violates any provision of this chapter or any rule adopted, or
order issued, under this chapter.
(2) The offense described in ORS 837.080, prohibited aircraft
operation, is a Class B misdemeanor. [Formerly 493.991; 1999 c.1051 §115;
2005 c.75 §5]
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