USA Statutes : oregon
Title : TITLE 59 OREGON VEHICLE CODE
Chapter : Chapter 830 Small Watercraft
As used in this chapter, unless the context
requires otherwise:
(1) “Board” means the State Marine Board.
(2) “Boat” means every description of watercraft, including a
seaplane on the water and not in flight, used or capable of being used as
a means of transportation on the water, but does not include boathouses,
floating homes, air mattresses, beach and water toys or single inner
tubes.
(3) “Boating offense” means violation of any provision of law that
is made a crime or violation under the provisions of this chapter.
(4) “In flight” means from the moment a seaplane starts its takeoff
run until the end of a normal power-off landing run.
(5) “Length” means the length of a boat measured from end to end
over the deck excluding sheer.
(6) “Motorboat” means any boat propelled in whole or in part by
machinery, including boats temporarily equipped with detachable motors.
(7) “Navigable waters of the United States” means those waters of
the United States, including the territorial seas adjacent thereto, the
general character of which is navigable, and that, either by themselves
or by uniting with other waters, form a continuous waterway on which
boats or vessels may navigate or travel between two or more states, or to
and from foreign nations.
(8) “Operate” means to navigate or otherwise use a boat.
(9) “Operator of a boat livery” means any person who is engaged
wholly or in part in the business of chartering or renting boats to other
persons.
(10) “Passenger” means every person on board a boat who is not the
master, operator, crew member or other person engaged in any capacity in
the business of the boat.
(11) “Peace officer” includes a member of the Oregon State Police,
a sheriff or deputy sheriff and a city police officer.
(12) “State waters” means those waters entirely within the confines
of this state that have not been declared navigable waters of the United
States.
(13) “Waters of this state” means all waters within the territorial
limits of this state, the marginal sea adjacent to this state and the
high seas when navigated as part of a journey or ride to or from the
shore of this state. [Formerly 488.011; 1995 c.655 §1; 1999 c.59 §250;
1999 c.1051 §93](1) ORS 830.005,
830.015 to 830.050, 830.175, 830.210 to 830.420 and 830.475 to 830.490
apply to all boats operated in the waters of this state.
(2) Notwithstanding subsection (1) of this section, ORS 830.005,
830.015 to 830.050, 830.175, 830.210 to 830.420 and 830.475 to 830.490 do
not apply to a boat when application of the statutes would be
inconsistent with federal law or regulations or to a boat that is:
(a) A foreign boat operated temporarily in the waters of this state.
(b) A boat owned and operated by the United States or by an entity
of the United States.
(c) A ship’s lifeboat used solely for lifesaving purposes.
(d) A boat belonging to a class of boats that has been exempted
from the provisions of ORS 830.705, 830.710, 830.770, 830.780, 830.785,
830.795 to 830.805 and 830.830 to 830.870 by the State Marine Board as
provided in ORS 830.110.
(3) Notwithstanding an exemption provided to a class of boats in
subsection (2) of this section, a boat that would otherwise be exempt
from regulation because the boat is of a class specified in subsection
(2) of this section is not exempt if the boat is a:
(a) Passenger vessel of less than 100 gross tons;
(b) Commercial vessel that is not required to be inspected under
federal law; or
(c) Publicly owned recreational vessel. [Formerly 488.021; 1993
c.18 §172; 2005 c.65 §1] (1) Nothing in ORS
830.005, 830.015 to 830.050, 830.175, 830.210 to 830.420 and 830.475 to
830.490 is intended to affect the provisions of ORS 783.610, 830.060 to
830.145, 830.175 to 830.185, 830.700 to 830.715, 830.725, 830.730,
830.770, 830.780, 830.785, 830.795 to 830.820 or 830.830 to 830.870.
(2) The provisions of ORS 830.005, 830.015 to 830.050, 830.175,
830.210 to 830.420 and 830.475 to 830.490 are in addition to and not in
lieu of any other statutes. [Formerly 488.180](1) The sheriff of each county and all other peace officers shall
be responsible for the enforcement of this chapter and any regulations
made by the State Marine Board pursuant thereto. In the exercise of this
responsibility, a peace officer may stop any boat and direct it to a
suitable pier or anchorage for boarding.
(2) No person, while operating a boat on any waters of this state,
shall knowingly flee or attempt to elude any law enforcement officer
after having received a signal from a law enforcement officer to bring
the boat to a stop. [Formerly 488.027](1) Any law
enforcement agency within the State of Oregon that receives a report of a
previously unreported stolen boat shall notify the State Marine Board
within 72 hours after receiving the report. The report shall include all
information concerning the theft and the boat involved.
(2) Any law enforcement agency within the State of Oregon that
recovers a boat that has been previously reported as stolen shall notify
the board of the recovery within 72 hours after the recovery.
(3) When the board receives a report of the theft of a boat under
subsection (1) of this section, the board shall place an appropriate
notice of the theft in an electronic file system that identifies the boat
during the processing of any new certificate of number or title. If a
boat reported as stolen is identified during such processing, the board
shall discontinue processing and notify the law enforcement agency that
initiated the theft report. The board may not issue a new certificate of
number or title unless the status of the boat as a stolen boat is cleared
by the originating law enforcement agency.
(4) Any boat reported as stolen to the board shall remain on the
records of the board as stolen until the originating law enforcement
agency clears the record.
(5) The board shall prepare a report listing stolen and recovered
boats as disclosed by the reports submitted to the board by law
enforcement agencies, and shall distribute the report on a regular basis.
(6) When the board is notified that a previously listed stolen boat
has been recovered, the board shall immediately record the recovery in
the board’s registration records. [1999 c.550 §2]Note: 830.037 was added to and made a part of ORS chapter 830 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation. No political subdivision of
this state may enact or enforce any law contrary to the provisions of
this chapter. [Formerly 488.028] If any person finds a boat which is
lost or adrift the person shall report the whereabouts of the boat to the
owner or to any peace officer at the earliest possible time. [Formerly
488.124] No person
shall make or file, with intent to deceive, with any law enforcement
agency a false or fraudulent report of the theft of a boat required to be
numbered in the State of Oregon. [1999 c.550 §3] (1) The State
Marine Board shall administer a program designed to remove litter from
and to beautify the state’s rivers. The program shall include public
informational activities, but shall be directed primarily toward
encouraging and facilitating involvement of volunteer groups in litter
cleanup work, assigning each group to a specific river or stream segment.
The program shall be called the Oregon Adopt-a-River Program.
(2) Private landowners with rivers running through or adjacent to
their property are vital to the success of the Oregon Adopt-a-River
Program. The State Marine Board shall ensure that participants in the
program comply with requirements to obtain permission from landowners for
river access across private property.
(3) Program funding is an authorized use of the Boating Safety, Law
Enforcement and Facility Account under ORS 830.140.
(4) The State Marine Board may adopt any rules necessary for
implementation of the Oregon Adopt-a-River Program.
(5) An agreement entered into between the State Marine Board and a
volunteer group under subsection (1) of this section shall include but
need not be limited to:
(a) Identification of the designated river or stream segment. The
volunteer group may request a specific segment of the river or stream it
wishes to adopt, but the assignment shall be at the discretion of the
State Marine Board. In assigning sections of a river, the board shall
coordinate and cooperate with affected federal, state and local
management agencies and private landowners.
(b) Specification of the duties of the volunteer group. The group
shall remove litter along the designated river or stream segment at least
once each year.
(c) Specification of the responsibilities of the volunteer group.
The group shall agree to abide by all rules related to the program that
are adopted by the State Marine Board.
(d) Duration of the agreement. The volunteer group shall contract
to care for the designated river or stream segment for at least two years.
(6) The State Marine Board shall create a recognition program to
acknowledge the efforts of volunteer groups, agencies and businesses that
participate in the Oregon Adopt-a-River Program.
(7) The State Marine Board shall provide trash bags, safety
information and assistance to the participating volunteer groups.
(8) The State Marine Board shall be responsible for facilitating
the removal of large or heavy items from a river or stream segment if
such items are found by a volunteer group.
(9) The State Marine Board shall not instruct a volunteer group or
any member thereof participating in the Oregon Adopt-a-River Program in
the measurement of water quality, encourage any participant to measure
water quality or include the measuring of water quality in the duties of
any participant.
(10) The State Marine Board shall not instruct a volunteer group or
any member thereof participating in the Oregon Adopt-a-River Program in
the locating or monitoring of point or nonpoint pollution sources,
encourage any participant to locate or monitor point or nonpoint
pollution sources or include the locating or monitoring of point or
nonpoint pollution sources in the duties of any participant. [1993 c.54
§2; 1995 c.165 §1] If any provision of ORS
830.060 to 830.145, 830.700 to 830.715, 830.725, 830.730, 830.770,
830.780, 830.785, 830.795 to 830.820 and 830.830 to 830.870 conflicts
with federal requirements so that the system of identifying numbers for
boats devised by the State Marine Board is not approved by the secretary
of the department of the federal government under which the United States
Coast Guard is operating, that provision of ORS 830.060 to 830.145,
830.700 to 830.715, 830.725, 830.730, 830.770, 830.780, 830.785, 830.795
to 830.820 and 830.830 to 830.870 is inoperative to the extent that it so
conflicts, but such conflict shall not affect the remainder of ORS
830.060 to 830.145, 830.700 to 830.715, 830.725, 830.730, 830.770,
830.780, 830.785, 830.795 to 830.820 and 830.830 to 830.870. [Formerly
488.870; 1991 c.67 §231] The Boating Offense Compact is
enacted into law and entered into on behalf of this state with all other
states legally joining therein in a form substantially as follows:
___________________________________________________________________________
___ARTICLE I
Findings and Declaration of Policy
(1) The party states find that:
(a) The safety of their waters is materially affected by the degree
of compliance with state laws and local ordinances relating to the
operation of boats.
(b) Violation of such a law or ordinance is evidence that the
violator engages in conduct which is likely to endanger the safety of
persons and property.
(2) It is the policy of each of the party states to promote
compliance with the laws, ordinances and administrative rules and
regulations relating to the operation of boats by their operators in each
of the jurisdictions where such operators operate boats.
ARTICLE II
Definition
As used in this compact, “state” means a state that has entered
into this compact.
ARTICLE III
Concurrent Jurisdiction
(1) If conduct is prohibited by two adjoining party states, courts
and law enforcement officers in either state who have jurisdiction over
boating offenses committed where waters form a common interstate boundary
have concurrent jurisdiction to arrest, prosecute and try offenders for
the prohibited conduct committed anywhere on the boundary water between
the two states.
(2) This compact does not authorize:
(a) Prosecution of any person for conduct that is unlawful in the
state where it was committed, but lawful in the other party state.
(b) A prohibited conduct by the party state.
ARTICLE IV
Entry Into Force and Withdrawal
(1) This compact shall enter into force and become effective as to
any state when it has enacted the same into law.
(2) Any party state may withdraw from this compact by enacting a
statute repealing the same.
ARTICLE V
Construction and Severability
This compact shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this compact shall be severable and
if any phrase, clause, sentence or provision of this compact is declared
to be contrary to the constitution of any party state or of the United
States or the applicability thereof to any government, agency, person or
circumstance is held invalid, the validity of the remainder of this
compact and the applicability thereof to any government, agency, person
or circumstance shall not be affected thereby. If this compact shall be
held contrary to the constitution of any state party thereto, the compact
shall remain in full force and effect as to the remaining states and in
full force and effect as to the state affected as to all severable
matters.
___________________________________________________________________________
___
[1991 c.590 §5]Note: 830.080 was added to and made a part of ORS chapter 830 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.MANDATORY BOATING SAFETY EDUCATION The State
Marine Board shall establish and implement a program to provide mandatory
boating safety education. [1999 c.716 §2; 2001 c.104 §310]Note: 830.082 to 830.094 were added to and made a part of ORS
chapter 830 by legislative action but were not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further
explanation.In establishing the mandatory boating safety
education program pursuant to ORS 830.082, the State Marine Board shall:
(1) Set a minimum standard of boating safety education competency.
The standard shall be consistent with the applicable standard established
by the National Association of State Boating Law Administrators. The
board may update the minimum standard of competency as necessary.
(2) Create a boating safety course of instruction and examination
designed to educate and test for the minimum standard of safety
established pursuant to subsection (1) of this section.
(3) Create an equivalency exam that may substitute for taking the
boating safety course.
(4) Incorporate volunteer boating safety education programs to the
maximum extent possible.
(5) Allow use of commercially provided boating safety courses,
provided they meet the standard adopted by the board.
(6) Accept proof of prior completion of any approved boating safety
course as meeting the requirement for a boating safety course.
(7) Establish a fee for the boating safety certificate issued under
ORS 830.086 that may not exceed $10.
(8) Establish a temporary boating safety certificate that is valid
for 60 days and issued in conjunction with a temporary certificate of
number for newly acquired boats.
(9) Promote the fact that insurance discounts of 10 percent to 15
percent are widely available for taking a boating safety course that
meets the minimum standard established pursuant to subsection (1) of this
section. [1999 c.716 §3; 2001 c.104 §311]Note: See note under 830.082. A person may
obtain a boating safety certificate if the person:
(1) Is at least 12 years of age;
(2) Passes the boating safety course and examination, or the
equivalency exam, as described in ORS 830.084, or submits proof to the
satisfaction of the State Marine Board that the person has taken a course
that is substantively equivalent to the course described in ORS 830.084;
and
(3) Pays the fee required by the board. [1999 c.716 §4; 2001 c.104
§312]Note: See note under 830.082. A
person 12 to 15 years of age with a boating safety certificate may
operate a motorboat with an engine of 10 horsepower or less. In addition,
a person 12 to 15 years of age with a boating safety certificate may
operate a motorboat with an engine greater than 10 horsepower if
accompanied by and under the direct supervision of a parent, guardian or
responsible person 16 years of age or older who possesses a boating
safety certificate. [1999 c.716 §5]Note: See note under 830.082.
A person may operate a motorboat with an engine greater than 10
horsepower if the person:
(1)(a) Is at least 16 years of age; and
(b) Obtains a boating safety certificate pursuant to ORS 830.086; or
(2) Is accompanied by and under the direct supervision of a person
16 years of age or older who has obtained a boating safety certificate
pursuant to ORS 830.086. [1999 c.716 §6]Note: See note under 830.082.A boating safety certificate is not required if a person:
(1) Is at least 16 years of age and rents a motorboat with an
engine greater than 10 horsepower and completes a required dockside
safety checklist before operating the boat;
(2) Possesses a current commercial fishing license as required by
ORS 508.235;
(3) Possesses a valid United States Coast Guard commercial
motorboat operator’s license;
(4) Is not a resident of this state and does not operate a boat
with an engine greater than 10 horsepower in Oregon waters for more than
60 consecutive days;
(5) Is not a resident of this state, holds a current out-of-state
boating safety certificate and has the out-of-state certificate in the
person’s possession;
(6) Holds a temporary certificate as described under ORS 830.084; or
(7) Is not yet required to have a certificate under the phase-in
program developed by the State Marine Board pursuant to section 9,
chapter 716, Oregon Laws 1999. [1999 c.716 §7; 2003 c.14 §499]Note: See note under 830.082. A
person shall carry a boating safety certificate on the boat while
operating a motorboat, as required, and shall present the certificate to
a peace officer upon request by the peace officer. [1999 c.716 §8; 2003
c.14 §500]Note: See note under 830.082.In any proceeding for a violation of ORS 830.088,
830.090, 830.092 or 830.094, the court shall conditionally suspend all or
part of the fine to be imposed on the defendant if the defendant appears
personally and agrees to complete, at the defendant’s own expense, a
boating safety course approved by the State Marine Board under ORS
830.084 within the time limits imposed by the court. [1999 c.716 §14;
2001 c.104 §313]Note: 830.096 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 830 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.Note: Section 9, chapter 716, Oregon Laws 1999, provides:
Sec. 9. The State Marine Board shall phase in the mandatory boating
safety education program by October 23, 2009. In developing a phase-in
program, the board shall consider factors that include but are not
limited to operator age, types of high-risk boats and the geographic
availability and frequency of volunteer courses. The board shall phase in
the program with the youngest operators and those of highest risk at the
beginning of the phase-in. [1999 c.716 §9; 2001 c.104 §314]STATE MARINE BOARD It is the policy of this state to
promote safety for persons and property in and connected with the use,
operation and equipment of boats and to promote uniformity of laws
relating thereto. [Formerly 488.710] (1) There hereby is created the State
Marine Board consisting of five members to be appointed by the Governor
and to serve at the pleasure of the Governor.
(2) Each member shall be a resident of this state, a citizen of the
United States, and at the time of appointment shall have resided in this
state for at least one year.
(3) All appointments of members of the board by the Governor are
subject to confirmation by the Senate in the manner provided in ORS
171.562 and 171.565. [Formerly 488.825] In addition to the
powers and duties otherwise provided in this chapter, the State Marine
Board shall have the power and duty to:
(1) Make all rules necessary to carry out the provisions of this
chapter. The rules shall be made in accordance with ORS chapter 183.
(2) Devise a system of identifying numbers for boats, floating
homes and boathouses. If an agency of the federal government has an
overall system of identification numbering for boats within the United
States, the system devised by the board shall conform with the federal
system.
(3) Cooperate with state and federal agencies to promote uniformity
of the laws relating to boating and their enforcement.
(4) Make contracts necessary to carry out the provisions of ORS
830.060 to 830.145, 830.700 to 830.715, 830.725, 830.730, 830.770,
830.780, 830.785, 830.795 to 830.820 and 830.830 to 830.870.
(5) Advise and assist county sheriffs and other peace officers in
the enforcement of laws relating to boating.
(6) Study, plan and recommend the development of boating facilities
throughout the state which will promote the safety and pleasure of the
public through boating.
(7) Publicize the advantage of safe boating.
(8) Accept gifts and grants of property and money to be used to
further the purposes of this chapter.
(9) Exempt from any provisions of this chapter any class of boats
if it determines that the safety of persons and property will not be
materially promoted by the applicability of those provisions to the class
of boats, but the board shall not exempt from numbering any class of
boats unless it determines that the numbering will not materially aid in
their identification and unless the secretary of the department of the
federal government under which the United States Coast Guard is operating
has exempted from numbering the same boats or classes of boats.
(10) Appoint and require the bonding of agents to issue a temporary
permit to operate a boat. The agents may charge, in addition to the
prescribed fees, $1 per transaction for their services in issuing the
temporary permit.
(11) Publish and distribute to the interested public the boating
laws of this state and resumes or explanations of those laws.
(12) Publish and distribute forms for any application required
under this chapter and require the use of such forms.
(13) Make rules for the uniform navigational marking of the waters
of this state. Such rules shall not conflict with markings prescribed by
the United States Coast Guard. No political subdivision or person shall
mark the waters of this state in any manner in conflict with the markings
prescribed by the board.
(14) Make rules regarding marine toilets and their use consistent
with the prevention and control of pollution of the waters of this state
and not in conflict with the rules of the Department of Human Services or
the Environmental Quality Commission.
(15) Institute proceedings to enjoin unlawful obstructions injuring
free navigation on the waters of this state.
(16) Make rules regulating water ski course markers, ski jumps and
other special use devices placed in the waters of this state. Such rules
may regulate the installation and use of the devices and may require a
permit.
(17) Adopt rules necessary to carry out and enforce the provisions
of ORS 830.950 and 830.955. The rules shall include but need not be
limited to:
(a) The kinds of protective covering or physical barriers that are
acceptable to be used between a submersible polystyrene device and the
water.
(b) Guidelines for the use of submersible polystyrene devices for
the repair or maintenance of existing docks or floats.
(18) Adopt rules providing for establishment of a Safe Boating
Education Course to be made available to courts and law enforcement
agencies within this state for use as a sentencing option for those
individuals convicted of boating offenses. The board shall specify the
content of the Safe Boating Education Course and shall prescribe
procedures for making the course available to local courts and law
enforcement agencies, including procedures for promptly notifying such
courts whether individuals required to enroll in the course have taken
and successfully passed the course. Such rules may provide for
administration of the course through nonprofit organizations, such as the
United States Coast Guard Auxiliary, United States Power Squadrons or
similar groups.
(19) For purposes of ORS 830.175, 830.180, 830.185 and 830.195, in
cooperation with the State Aviation Board, regulate boats that are
seaplanes as provided in ORS 830.605 and 835.200. [Formerly 488.830; 1991
c.759 §6; 1991 c.931 §1; 1995 c.655 §9; 2001 c.104 §315; 2003 c.14 §501] The State Marine Board shall at least once
every three years conduct a survey of owners and others to determine, by
county, the kinds of boating activity on the various waters of the state
during different periods of the year. Boating activity in a county shall
be determined by taking into consideration the number and kinds of boats
engaging in different boating activities in the county and the number of
days during the last fiscal year that such activities were carried on in
the county. The board may also consider other factors relating to the
enforcement of boating safety and traffic regulations provided by this
chapter and the regulations adopted pursuant thereto. [Formerly 488.833] The term of office of a member is four
years beginning on July 1 of the year of appointment. A member shall
continue to serve until a successor has been appointed and qualifies.
Before a member’s term expires, the Governor shall appoint a successor to
assume duties on July 1 at the expiration of the predecessor’s term. A
vacancy in office shall be filled by appointment for the unexpired term.
[Formerly 488.840] Members of the State Marine
Board are entitled to compensation and expenses as provided in ORS
292.495. [Formerly 488.845] The State Marine Board shall
select one of its members as chairperson and another as secretary, each
of whom shall hold office for one year, or until the selection of a
successor. Three members of the board constitute a quorum for the
transaction of business. The board shall meet at least once every three
months at a place, day and hour determined by the board. The board shall
also meet at such other times and places as are specified by the call of
the chairperson or of three members of the board. [Formerly 488.850] (1) The State Marine Board shall
appoint a State Marine Director who shall serve at the pleasure of the
board.
(2) The director shall devote full time to the duties of the
office. With the approval of the board, the director shall:
(a) Administer the numbering, certificating, recording and
licensing duties of the board.
(b) Perform any other duties assigned by the board.
(c) Hire subordinate employees and fix their compensation.
[Formerly 488.855]In addition to the powers and duties otherwise provided in this
chapter, the State Marine Board shall have the power and duty to make
grants from funds received through the Clean Vessel Act of 1992, 16
U.S.C. 777c and g (1994), P. L. No. 102-587, to eligible public agencies
as provided in ORS 830.150. In addition, these funds may be distributed
to eligible private marina or moorage facilities that are open and
available for public use for the construction and operation of boat waste
collection facilities. The board shall give first priority for
distributing funds from the Clean Vessel Act to public boating
facilities. Distribution of funds shall be made on the basis of need as
that need appears to the board. [1995 c.14 §2](1) On or
before the 10th day of each month, the State Marine Board shall pay into
the State Treasury, except as provided in ORS 830.926, all moneys
received by the board during the preceding calendar month. The State
Treasurer shall credit the moneys to the Boating Safety, Law Enforcement
and Facility Account, which account hereby is created, separate and
distinct from the General Fund. The moneys in the account hereby are
continuously appropriated to the board for the purpose of paying the
expense of administering and enforcing the provisions of this chapter.
The board shall keep a record of all moneys received and expended.
(2) After paying the necessary expenses incurred by the board in
administering this chapter, the funds available in the account shall be
distributed, in the amounts required, for the purpose of enforcing the
provisions of this chapter and the regulations adopted pursuant thereto.
The board shall determine the amount required for enforcement in each
county, considering the survey conducted under ORS 830.115. The funds
available shall be apportioned according to the amounts required and
distributed, for enforcement in each county where there is a need, under
a contract entered into with a city, with the Department of State Police
or with the sheriff of the county. A contract with a city or a sheriff
shall be entered into only with the approval of the governing body of the
city or county. The board shall determine the intervals at which the
moneys shall be distributed.
(3) The governing body of any county having within its boundaries a
city providing recreational boating facilities including launching ramps,
may contract with the city for the purpose of enforcing the provisions of
this chapter and the rules and regulations made pursuant thereto.
(4) If the city enters into a contract with the board or with a
county, the county is relieved of its enforcement responsibilities within
the city as agreed to by the county and the city or by the board and the
city. [Formerly 488.860; 2003 c.693 §3] (1) All fines resulting from
prosecution under this chapter shall be credited and distributed under
ORS 137.293 and 137.295 as monetary obligations payable to the state.
(2) Payment of fines collected in a justice court under this
section shall be made within the first 20 days of the month following the
month in which collected. [Formerly 488.865; 1987 c.905 §24; 1999 c.1051
§298](1) Amounts remaining in the Boating
Safety, Law Enforcement and Facility Account in excess of funds obligated
under ORS 830.140 (2) shall be distributed, upon application, to the
state, a city, county, water improvement district, park and recreation
district or a port. Distribution shall be made on the basis of need for a
facility as that need appears to the State Marine Board.
(2)(a) In distributing funds under subsection (1) of this section,
the board shall give first priority to applications for facilities
designed to control water pollution or otherwise enhance water quality,
including but not limited to pumping stations for recreational boat
holding tanks, and to those other facilities for which there appears the
greatest public need.
(b) Subject to paragraph (a) of this subsection, the board may
distribute funds for:
(A) Construction and maintenance of boating facilities, for the
acquisition of property therefor, and other related facilities such as
parking, potable water, sanitation and other facilities for the
convenience of the public using the boating facilities; and
(B) Removal of derelict structures floating upon and abandoned dock
or boat mooring facilities situated in, upon or over the waters of this
state if such structures or facilities constitute a hazard to boating
upon such waters.
(3) Prior to making any distribution of funds under this section,
the board shall hold a public hearing in the area where a facility is to
be constructed or land acquired if in the judgment of the board, use of
the facility would stimulate significant change in the character of the
recreational use of the waters.
(4) The board shall make no distribution of funds under this
section for construction or acquisition if in the judgment of the board
the applicant has not included in the construction or acquisition plans
adequate provision for protecting the quality of the waters affected by
the plans. The board’s denial of any application under this subsection
must include specific notice to the applicant of the point or points of
the plan that are found by the board to be inadequate. [Formerly 488.875] A revolving fund not to exceed
$2,500 may be established within the State Marine Board from funds
available under section 1 (1), chapter 84, Oregon Laws 1991. This
revolving fund may be used for payment of state claims appropriately
authorized by the State Marine Board not to exceed $50 per transaction.
The fund shall be replenished periodically through charges made for such
purchases to appropriate accounts or funds. [1991 c.84 §4]Note: 830.155 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 830 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. In
addition to any other authority to promote safe boating pursuant to this
chapter, the State Marine Board may cause the removal of any obstruction
consisting of logs, rocks or other debris resulting from natural causes
from the waters of this state if the board finds the obstruction to be an
extraordinary hazard to boating safety. The board may pay the cost of
such removal from amounts reserved therefor in the account created by ORS
830.140. [Formerly 488.883](1) In order to protect the public interest in the prudent and
equitable use of the waters of this state and enhance the enjoyment of
pleasure boating and other recreational water sports thereon, the State
Marine Board shall establish and pursue comprehensive educational
programs designed to advance boating safety.
(2) The board shall put into effect a program to train youthful
boat operators. For the purpose of giving the courses of instruction, the
director may designate as the agent of the director any person the
director deems qualified to act in such capacity. No charge shall be made
for any instruction given. [Formerly 488.200] The State Marine Board
is authorized to enter into bilateral, reciprocal agreements with other
jurisdictions to provide mutual assistance in the disposition of boating
offenses committed by residents of one jurisdiction while in the other
jurisdiction. [1991 c.590 §4] (1) In addition to
those powers and duties set forth in ORS 830.110, the State Marine Board
shall review county boat use permit programs, adopted by county
ordinance, for approval or denial.
(2) The board shall review county boat use permit programs under
the following standards:
(a) Funds shall be dedicated to county boating programs for boating
safety, marine law enforcement or boating facilities;
(b) The program applies only to counties bordering a state that
allows imposition of a boat use permit fee;
(c) The program meets standards adopted by rule by the board
pertaining to:
(A) Use of funds;
(B) Amount of fee;
(C) Administration; and
(D) Enforcement; and
(d) Boats with a current, valid certificate of number issued by the
board under ORS 830.795 and manually propelled vessels are exempt from
county boat use permits. [1991 c.590 §1]REGULATIONS FOR SPECIFIC AREAS (1) The State Marine
Board, upon consideration of the size of a body of water and traffic
conditions, may make special regulations consistent with the safety and
the property rights of the public or when traffic conditions become such
as to create excessive congestion, relating to the operation of boats in
any waters within the territorial limits of any political subdivision of
this state. The regulations may include, but need not be limited to, the
establishment of designated speeds, the prohibition of the use of
motorboats and the designation of areas and times for testing racing
motorboats.
(2) The governing body of a political subdivision of this state may
apply to the board for special regulations relating to the designation of
moorage areas on lakes or reservoirs which are under the jurisdiction of
a public agency, or to the operation of boats on the waters within the
territorial limits of the political subdivision. Within a reasonable
time, the board shall act upon the application in the manner provided in
subsection (1) of this section. When special regulations have been
established within a political subdivision in accordance with this
subsection, the governing body shall establish and maintain the
navigational markers prescribed by the board.
(3) The board may make special regulations relating to the
operation of boats, including the establishment of designated speeds and
prohibition of the use of motorboats for the protection of game and game
fish at the request of the State Fish and Wildlife Commission, or for
carrying out the provisions of the federal Wild and Scenic Rivers Act,
Public Law 90-542, and the Oregon Scenic Waterways Act, ORS 390.805 to
390.925. Action necessary to implement this section, including but not
limited to the operation and manner of operation of boats, shall be by a
permit system initiated by the board.
(4) The board may designate certain rivers or sections of rivers as
hazardous. In making such designations, the board may consider
recommendations of guide associations incorporated in this state.
(5) Regulations regarding operation of boats pursuant to this
section shall be adopted in accordance with the provisions of ORS chapter
183.
(6) Any speeds in excess of the speeds designated by the board, as
provided in this section, shall be prima facie evidence of the violation
of ORS 830.315. [Formerly 488.600] No
person, other than the Department of State Police and governmental
agencies of this state and the federal government having jurisdiction
over the following described waters, shall use a motor for propelling a
boat or for any purpose on the following named waters of this state
located in the counties named:
___________________________________________________________________________
___Counties Lakes, Reservoirs and RiversClackamas Trillium LakeDeschutes Charlton, Devils, Irish, Lucky,
North and South Twin, Taylor,
Three Creek and Todd LakesDouglas Opal and Timpanagos LakesHood River Lost LakeJackson Squaw LakesJefferson Horseshoe, Dark and Olallie
Lakes, and on that portion of
the Deschutes River between
Pelton Dam and the Wasco
County lineLane Gold LakeLinn Clear LakeMarion Breitenbush LakeWasco Frog Lake, and on that portion
of the Deschutes River
bordering the Warm Springs
Indian Reservation
___________________________________________________________________________
___
[Formerly 488.610] (1) No person shall
operate a boat with an outboard or inboard motor at a speed in excess of
10 miles per hour during those hours of the day and on those days of the
year that it is lawful to fish, on East Lake, Paulina Lake and Elk Lake
in Deschutes County; Magone Lake in Grant County; Timothy Lake in
Clackamas County; and Davis Lake in Deschutes and Klamath Counties.
(2) No person shall operate a boat with an outboard or inboard
motor at a speed in excess of 10 miles per hour on the following named
waters of this state located in the counties named:
___________________________________________________________________________
___Counties Lakes and Reservoirs
Clackamas On that portion of the waters of the reservoir known as
North Fork Reservoir which lies upstream from a line drawn across
the reservoir at right angles to the thread of the stream at a
point 2.3 miles upstream from the North Fork Dam measured along the
thread of the stream
Deschutes Hosmer, Lava, Little Cultus, Little Lava, Sparks Lakes
and Crane Prairie Reservoir
Jefferson On that portion of the waters behind Pelton Dam, known
as Lake Simtustus, which lies upstream from a line drawn across
the lake at right angles to the thread of the stream at a point
0.85 miles upstream from the Pelton Dam measured along the thread
of the stream
Klamath That portion of Upper Klamath Lake that lies west of a
line beginning at a point on the north shore of Pelican Bay
one-quarter mile east of Crystal Creek and extending due south to the
opposite shore of the lake; any stream, creek or canal that leads
into the portion of Upper Klamath Lake described above including
Crystal Creek, Recreation Creek and Four-Mile
Creek, also known as Harriman Creek
Lane Waldo Lake
Linn Smith and Trailbridge Reservoirs
Wasco Clear Lake
___________________________________________________________________________ (3)(a) The State Marine Board shall establish an appropriate
decibel rating and speed restriction on Diamond Lake in Douglas County to
allow recreational boating that is not limited to fishing. Recreational
boating does not include operating a jet ski or similar personal
watercraft. The speed established by the board:
(A) May not exceed 45 miles per hour between the hours of 9 a.m.
and 6 p.m.;
(B) May not exceed 10 miles per hour between the hours of 6 p.m.
and 9 a.m.; and
(C) Shall be restricted to 10 miles per hour at all times in any
area within 200 yards of any boat ramp, boat dock, swimming area, inlet
or outlet of the lake, designated campground or summer home.
(b) The board shall reduce the speed restriction on Diamond Lake to
10 miles per hour at all hours when the State Fish and Wildlife Director
determines that the health of Diamond Lake is restored and the lake can
be restocked for fishing. [Formerly 488.620; 1995 c.79 §383; 1999 c.252
§2] The governing
body of a political subdivision of this state may apply to the State
Marine Board for a temporary suspension of a speed restriction on a
specific body of water within the territorial limits of the political
subdivision and, after a hearing upon notice, the board may suspend the
restriction, such suspension not to exceed 72 hours. [Formerly 488.625]In addition to any other authority to regulate boating
activities pursuant to this chapter, the State Marine Board may regulate
and restrict boating activities to protect traditional boating uses and
to prevent boating user conflicts. [Formerly 488.880] (1) Except as otherwise provided
in this section, it is unlawful to operate a boat on the waters of this
state if a county requires a boat use permit to do so and the operator of
the boat has not obtained the permit.
(2) Notwithstanding the provisions of subsection (1) of this
section, a resident of the State of Idaho may operate a boat on the
waters of this state without a boat use permit. The provisions of this
subsection do not become operative until laws, rules or regulations of
the State of Idaho become operative that, in substance or effect, contain
provisions which make lawful engaging in boating without obtaining a boat
use permit or paying a fee to operate a boat. This subsection remains
operative only while such laws, rules or regulations remain operative.
[1991 c.590 §3]EQUIPMENT REQUIREMENTS No person
shall operate or give permission for another person to operate a boat
which is not equipped as required under ORS 830.005, 830.015 to 830.050,
830.175, 830.210 to 830.420 and 830.475 to 830.490. [Formerly 488.024] (1) All boats shall
carry at least one United States Coast Guard approved personal flotation
device in good and serviceable condition for each person on board. Each
device shall be of an appropriate size for the person for whom it is
intended and shall be readily accessible whenever the boat is in use. As
used in this subsection, a personal flotation device is not “readily
accessible” if it is stowed in a locked compartment or locker or is
otherwise not immediately, physically available to persons on board the
boat in case of an emergency.
(2) The State Marine Board by regulation will classify types of
devices and specify which types are approved for various classes of
vessels. The regulations will be consistent with, but shall not exceed
those regulations promulgated by the United States Coast Guard. [Formerly
488.031] (1) Every motorboat shall carry
on board, fully charged and in good condition fire extinguishers of a
type required by the board by rule.
(2) The State Marine Board shall make rules for fire extinguishers
in accordance with ORS chapter 183.
(3) When the board makes rules under this section it may consider
fire extinguisher requirements and standards adopted by the United States
Coast Guard. [Formerly 488.090] On all waters of the state, every boat shall
carry and exhibit the lights required by rules promulgated by the State
Marine Board. Such rules shall be designed to prevent collisions and
generally promote boating safety. In promulgating such rules the board
may consider lighting requirements and standards adopted by the United
States Coast Guard and by federal statutes. [Formerly 488.041] (1) Each boat shall carry
on board, in good and serviceable condition, sound signaling devices of a
type required by the board by rule.
(2) The board shall make rules for sound signaling devices in
accordance with ORS chapter 183.
(3) When the board makes rules under this section, it may consider
sound signaling requirements and standards adopted by the United States
Coast Guard. [Formerly 488.063]Note: 830.230 was enacted into law by the Legislative Assembly but
was not added to and made a part of ORS chapter 830 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. Carburetors on all engines of motorboats,
other than outboard motors, shall be fitted with a U. S. Coast Guard
approved device for arresting backfire. [Formerly 488.071] (1) Motorboats using fuel
having a flashpoint of 110 degrees Fahrenheit or less shall have
ventilating systems that meet standards provided by the State Marine
Board for the purpose of properly and efficiently ventilating the bilges
of every engine and fuel compartment in order to remove any inflammable
or explosive gases.
(2) The board may, in accordance with ORS chapter 183, adopt
regulations providing standards for ventilating systems. Motorboats so
constructed as to have the greater portion of the bilges under the
engines and fuel tanks open and exposed to the natural atmosphere at all
times are not required to be fitted with ventilators. [Formerly 488.080] No
person shall operate a boat in the waters of this state which rise and
fall with the ebb and flow of the tide unless the boat is equipped with
safety devices of a type prescribed by regulations of the State Marine
Board made in accordance with ORS chapter 183. [Formerly 488.092] The State Marine Board may
require by rule that all boats or any class of boats shall carry or
install additional equipment which in the opinion of the board is
necessary for the safety of persons and property. The rules shall be made
in accordance with ORS chapter 183 and, to the extent considered by the
board to be consistent with safety of persons and property, shall equal
or exceed the regulations promulgated by the United States Coast Guard.
[Formerly 488.094] The exhaust of every internal combustion
engine used on any motorboat shall be effectively muffled by equipment so
constructed and used as to muffle or suppress the noise of the exhaust in
a reasonable manner. The use of cut-outs or open exhaust stacks is
prohibited, except:
(1) On motorboats competing in a regatta, race or trial for speed
records authorized as provided in ORS 830.375.
(2) On racing motorboats while the boat or equipment on the boat is
being tried or tested in compliance with ORS 830.350. [Formerly 488.052](1) Before hearing any
charge for violation of ORS 830.260, a court shall notify the State
Marine Board of the name of any person cited for violation of ORS 830.260
and the number of any boat used in the alleged violation.
(2) Upon receipt of a notification under subsection (1) of this
section, the board shall:
(a) Notify the court of whether the person cited is the owner of
the boat; and
(b) If the person is not the owner of the boat, notify the boat
owner that the certificate of number of the boat will be suspended under
ORS 830.815 if the person cited for operating the boat is convicted and
there is no evidence to satisfy the court that the boat has been brought
into compliance with standards for sound levels established by the board
for purposes of ORS 830.815.
(3) At a hearing for violation of ORS 830.260, the court shall
allow the owner of the boat used in the violation to show that the boat
has been brought into compliance with standards for sound levels
established by the board.
(4) If a court finds that a person has operated a boat in violation
of ORS 830.260, the court shall provide the board with information
necessary to suspend the certificate of number for the boat under ORS
830.815 unless evidence has been presented to the satisfaction of the
court that the boat has been brought into compliance with the standards
for sound levels established by the board. [Formerly 488.055]BOATING OPERATIONS No
person shall operate a boat in violation of any provision of this
chapter. [Formerly 488.023] A person commits the crime of unsafe
operation of a boat if the person operates a boat in a manner that
endangers or would be likely to endanger any person or property.
[Formerly 488.099] (1) A person commits the crime
of reckless operation of a boat who operates a boat carelessly and
heedlessly in willful or wanton disregard of the rights, safety or
property of others.
(2) No person shall operate any boat at a rate of speed greater
than will permit that person in the exercise of reasonable care to bring
the boat to a stop within the assured clear distance ahead.
(3) Nothing in ORS 830.005, 830.015 to 830.050, 830.175, 830.210 to
830.420 and 830.475 to 830.490 is intended to prevent the operator of a
boat actually competing in an event which is authorized as provided in
ORS 830.375 from attempting to attain high speeds on a marked racing
course. [Formerly 488.100](1) No person under the influence of an
intoxicating liquor or controlled substance shall operate, propel or be
in actual physical control of any boat on any waters of this state.
(2) No owner of a boat or person in charge or in control of a boat
shall authorize or knowingly permit the boat to be propelled or operated
on any waters of this state by any person who is under the influence of
an intoxicating liquor or a controlled substance. [Formerly 488.160; 1991
c.931 §4] (1) The
owner of a boat shall be liable for the negligent operation of the boat
in the same manner and to the same extent as the owner of a motor vehicle
is liable under the rule of law which holds one person liable for the act
of another who operates a motor vehicle for a family purpose.
(2) Subsection (1) of this section does not apply in actions in
which courts of admiralty have jurisdiction. [Formerly 488.178] The operator of a boat shall
keep a proper lookout at all times while underway. [Formerly 488.101] (1)(a) Except as provided by paragraph
(b) of this subsection, when two boats are approaching each other “head
on” or nearly so (so as to involve risk of collision), each boat shall
bear to the right and pass the other boat on its left side.
(b) On rivers, or those sections of rivers, which are state waters,
boats proceeding downstream shall have the right of way over boats
proceeding upstream.
(2) When boats approach each other obliquely or at right angles,
the boat approaching on the right side has the right of way.
(3) One boat may overtake another on either side but shall grant
right of way to the overtaken boat. [Formerly 488.110] (1) No person shall so anchor a
boat for fishing or other purposes on any body of water over which the
state has jurisdiction in such a position as to obstruct a passageway
ordinarily used by other boats.
(2) No person shall operate a boat within a water area which is
clearly marked by buoys or some other distinguishing device as a bathing
or swimming area. [Formerly 488.120] (1) No person shall operate a
racing motorboat, for the purpose of trying or testing the boat or
equipment on the boat, in any areas or during the time when one of the
following conditions exist:
(a) Where boats are anchored.
(b) Where people are swimming.
(c) Near populated beaches.
(d) Among water-skiers.
(e) Among boats underway.
(f) Where persons or property will be endangered because the area
is otherwise congested.
(g) Where persons or property will be disturbed or endangered
because the waters on which the boat is operated are within a residential
area.
(2) Subject to subsection (1) of this section, motorboats may be
operated on public waters without effective muffling devices as required
by ORS 830.260, for the purpose of trying or testing the equipment on the
boat, in areas and during times designated by the State Marine Board by
regulations adopted under ORS 830.175.
(3) Within any county in which areas and times for trying or
testing boats or the equipment on boats have been designated by the board
under ORS 830.175, if a person wishes to operate a boat for such a
purpose on public waters within the county, outside the designated
testing area, the person shall apply to the sheriff of the county for a
permit to do so. The permit, which may be issued upon application, shall
be conditioned upon compliance with subsection (1) of this section, and
shall designate the areas where and the times when the boat may be
operated for such purpose. Provided, however, the sheriff in issuing such
a permit may waive subsection (1)(g) of this section if the boat being
tested is muffled in accordance with ORS 830.260. [Formerly 488.102] No boat shall be loaded with passengers or
cargo beyond its safe carrying capacity, taking into consideration
weather and other normal operating conditions. [Formerly 488.130] (1) No person operating
a motorboat shall allow any person to ride or sit on the deck over the
bow of the boat while under way unless the motorboat is provided with
adequate guards or railing.
(2) No person operating a motorboat shall allow any person to ride
or sit on the starboard or port gunwales or on the transom of the boat
while underway at a speed in excess of five miles per hour unless the
motorboat is provided with adequate guards or railings.
(3) No person operating a motorboat shall allow any person to ride
or sit on the bow, gunwale or transom railings while underway.
(4) Nothing in subsection (1) or (2) of this section:
(a) Is intended to prevent passengers or other persons aboard a
boat from standing on the bow of the boat in order to moor the boat to a
mooring buoy, float or dock or to cast off from such a buoy, float or
dock or for any other necessary purpose; or
(b) Applies to a boat rigged and equipped as a sailboat when
operating under sail power. [Formerly 488.140](1) A person may not operate a motorboat or have
the motorboat engine idle while any person holds on to or occupies any
portion of the motorboat that is located aft of the transom of the
motorboat, including a step, ladder, platform or deck, in order to:
(a) Ride on that portion of the motorboat while the motorboat is
under way at any speed; or
(b) Be pulled by the motorboat while holding on to any portion of
the motorboat that is located aft of the transom, including a step,
ladder, platform or deck.
(2) Notwithstanding subsection (1) of this section, a person may
operate a motorboat or have the motorboat engine idle with a person
holding on to or occupying for a brief period of time a step, ladder,
platform or deck that is located aft of the transom if that person is:
(a) Assisting in the docking or departure of the motorboat;
(b) Exiting or entering the motorboat; or
(c) Engaging in law enforcement activities. [2005 c.299 §2] (1) No
person shall ride or manipulate any water skis, surfboard or similar
device in a reckless or negligent manner so as to endanger any person or
property.
(2) No person shall operate a boat for the purpose of towing a
person on water skis, surfboard or similar device, and no person shall
engage in waterskiing, surfboarding or similar activity at any time after
sunset and before sunrise. This subsection does not apply to a person
while engaged in a professional exhibition or to a person engaged in an
activity authorized under ORS 830.375.
(3) No person shall operate or manipulate any boat, tow rope or
other device by which the direction or location of a person on water
skis, surfboard or similar device may be affected or controlled in a
reckless or negligent manner so as to cause the person on water skis,
surfboard or similar device to collide with or strike against any person
or object.
(4) No person shall ride or manipulate any water skis, surfboard or
similar device while under the influence of an intoxicating liquor or a
controlled substance.
(5) No person shall operate a boat on any waters of this state,
towing a person on water skis, aqua-plane, surfboard, saucer, or similar
device, unless there is in the boat another person, in addition to the
operator, who is in a position to continuously observe the person being
towed.
(6) Notwithstanding subsection (5) of this section, persons
operating a boat to tow a water-skier in an authorized competitive marine
event, or engaged in practicing for a competitive water ski event on a
water ski course authorized by the State Marine Board, may use either a
curved, rearview mirror or another person, in addition to the operator,
to continuously observe the person being towed.
(7) No person shall operate any boat used for towing water skis,
surfboards or similar devices on the waters of this state unless the boat
is equipped with and displays a warning flag as follows:
(a) The warning flag, also known as the “skier down” flag, shall be
international orange or red in color and shall be at least 12 inches in
height and 12 inches in width.
(b) When any person being towed by the boat becomes disengaged from
the towline and is down in the water, a person in the boat shall
immediately display the warning flag aloft, visible from all sides, as an
indicator to other boats in the area that a person is down in the water.
As long as the downed person is in the water, the flag shall remain
displayed to prevent danger to that person and hazards to passing boats.
(c) The warning flag described in this section shall be displayed
only under the conditions set forth in paragraph (b) of this subsection
or when other imminent danger exists. [Formerly 488.144; 1993 c.589 §1](1) No person shall moor a boat to any of the buoys
or beacons placed in any waters of this state by the authority of the
United States, an agency of the United States or by the State Marine
Board nor in any manner hang on with a boat to such buoy or beacon.
(2) No person shall deface, remove or destroy any buoy, beacon or
other navigational marker maintained in the waters of this state.
(3) This section does not apply to any action prohibited by ORS
783.610 regarding a buoy or beacon established or erected by the United
States Coast Guard. [Formerly 488.150] (1) At
least 30 days before holding a regatta, boat race, marine parade,
tournament or exhibition on the waters of this state, the person who will
be in charge of the event shall apply to the State Marine Board for
authorization to hold the event.
(2) The board shall provide by regulation for the manner of
applying for and granting authorization and shall approve all
applications for authorization which are consistent with the safety and
pleasure of the public.
(3) The board may make rules and regulations restricting the
operation of boats necessary to insure safety two hours prior to, during
and two hours after the approved event.
(4) No person shall hold a regatta, boat race, marine parade,
tournament, trial for speed records or exhibition on the waters of this
state, unless the authorization of the board has been secured, except
that the board’s authorization is not required if authorization or the
equivalent has been secured from an appropriate agency of the United
States.
(5) An authorization by the board does not exempt a person holding
an event from compliance with applicable federal law. [Formerly 488.108](1) When a peace officer observes a boat
being operated on the waters of this state in an especially hazardous
condition and determines that continuance of the voyage of the boat could
place the occupants in imminent danger, the peace officer may order the
operator of the boat to take immediate and reasonable steps to remedy the
especially hazardous condition, including but not limited to directing
the operator to move to a moorage and remain there until the especially
hazardous condition is remedied.
(2) For purposes of this section, an especially hazardous condition
is limited to the following conditions:
(a) Improper or insufficient personal flotation devices in
violation of ORS 830.215;
(b) Improper or insufficient fire extinguishers in violation of ORS
830.220;
(c) Improper or insufficient backfire arresting devices on
carburetors in violation of ORS 830.235;
(d) Improper or insufficient navigation lights in violation of ORS
830.225 if found between sunset and sunrise;
(e) Overloading in violation of ORS 830.355;
(f) Overpowering; or
(g) Leakage of fuel from the boat engine, fuel system or bilge.
[1997 c.568 §2]Note: 830.380 to 830.385 were added to and made a part of ORS
chapter 830 by legislative action but were not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further
explanation. A
person may not intentionally disobey a lawful order to take immediate and
reasonable steps to remedy an especially hazardous condition that is
issued under ORS 830.380 by another person known by the person to be a
peace officer. [1997 c.568 §3]Note: See note under 830.380.ORS 830.380 and 830.383 do not apply to
commercial fishing boats. [1997 c.568 §4]Note: See note under 830.380.(1) In addition to any other
authority to regulate boats and equipment, the State Marine Board shall
require that any vessel engaged in the Klamath Lake plankton fishery and
any associated watercraft meet minimum equipment and safety requirements
prescribed by the board.
(2) In adopting rules necessary to implement subsection (1) of this
section, the board:
(a) Shall consult with vessel owners; and
(b) May not exceed regulations promulgated by the United States
Coast Guard for equivalent classes of vessels and associated watercraft.
[1997 c.737 §5]Note: 830.390 was added to and made a part of ORS chapter 830 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.RENTAL, CHARTER OR LIVERY GENERALLY
No operator of a boat livery shall permit any boat the operator rents to
depart from the livery premises unless the boat is equipped as provided
under ORS 830.005, 830.015 to 830.050, 830.175, 830.210 to 830.420 and
830.475 to 830.490. [Formerly 488.025] The operator of a boat
livery shall make and preserve for at least six months a written record
of:
(1) The name of each person who hires a boat from the livery.
(2) The identifying number of the boat.
(3) The date on which the boat is hired, and the hour of departure
from the livery.
(4) The expected date and hour of return.
(5) The date and hour of return. [Formerly 488.098](1) The State Marine Board shall provide by rule minimum
equipment requirements for boats rented or chartered to the public. The
rules shall be made in accordance with ORS chapter 183.
(2) Designated representatives of the board may annually inspect
all rental or charter boats to check for the equipment required by the
board. Any inspections conducted shall be coordinated with other state
and federal agencies to minimize duplication of vessel inspections and
boardings.
(3) After a hearing upon 10 days’ notice to the owner of the boat,
the board may cancel or revoke the certificate of number for any boat
rented or chartered to the public if it does not equal or exceed the
minimum equipment requirements provided by the board. [Formerly 488.026]OCEAN CHARTER VESSEL REGULATION As used
in ORS 830.430 to 830.460 and 830.997:
(1) “Ocean” means those waters of the Pacific Ocean that are west
of the demarcation lines described in the International Collision
Regulations at Sea of 1972.
(2) “Ocean charter vessel” means a vessel used in the business of
carrying passengers for hire for angling, sightseeing or other
recreational purposes in the ocean. [1989 c.885 §2](1) Except as otherwise provided in this section, a person may not engage
in the business of carrying passengers for hire for angling, sightseeing
or other recreational purposes in ocean waters within the jurisdiction of
this state without first obtaining an ocean charter vessel license from
the State Marine Board.
(2) The State Marine Board may adopt rules allowing a person who
holds a license or registration issued by the State of Washington to
engage in the business of carrying passengers for hire for angling,
sightseeing or other recreational purposes to conduct those activities if:
(a) The person operates a vessel that leaves from and returns to a
port in the State of Washington;
(b) The person operates the vessel within the jurisdiction of this
state in the Pacific Ocean north of Cape Falcon, or in the Columbia
River; and
(c) The State of Washington adopts provisions that allow engaging
in the business of carrying passengers for hire for angling, sightseeing
or other recreational purposes with a valid Oregon ocean charter vessel
license within the jurisdiction of the State of Washington in the Pacific
Ocean south of Leadbetter Point, and in the Columbia River.
(3) The license required by subsection (1) of this section is in
lieu of registration required by ORS chapter 704 to carry passengers for
hire for angling, sightseeing or other recreational purposes in any
navigable waters of this state. Payment of the license fee referred to in
ORS 830.440 (2)(b) is in lieu of any other fee or tax for the possession,
use or operation of the vessel. [1989 c.885 §3; 1993 c.132 §1; 2005 c.115
§2]Note: The amendments to 830.435 by section 4, chapter 115, Oregon
Laws 2005, become operative January 2, 2008. See section 5, chapter 115,
Oregon Laws 2005. The text that is operative on and after January 2,
2008, is set forth for the user’s convenience.
830.435. (1) Except as otherwise provided in this section, it is
unlawful to engage in the business of carrying passengers for hire for
angling, sightseeing or other recreational purposes in ocean waters
within the jurisdiction of this state without first obtaining an ocean
charter vessel license from the State Marine Board.
(2) A resident of the State of Washington who holds a license
issued by that state to engage in the business of carrying passengers for
hire for angling, sightseeing or other recreational purposes may conduct
those activities in ocean waters within the jurisdiction of this state
north of Cape Falcon without the license required by subsection (1) of
this section if the vessel leaves from and returns to a port in the State
of Washington. The provisions of this subsection do not become operative
until laws, rules or regulations of the State of Washington become
operative that, in substance or effect, contain provisions which make
lawful engaging in the business of carrying passengers for hire for
angling, sightseeing or other recreational purposes with a valid Oregon
ocean charter vessel license in the waters of the Pacific Ocean within
the jurisdiction of the State of Oregon or the State of Washington
between the Oregon-Washington boundary and Leadbetter Point. This
subsection remains operative only while such laws, rules or regulations
remain operative.
(3) The license required by subsection (1) of this section is in
lieu of registration required by ORS chapter 704 to carry passengers for
hire for angling, sightseeing or other recreational purposes in any
navigable waters of this state. Payment of the license fee referred to in
ORS 830.440 (2)(b) is in lieu of any other fee or tax for the possession,
use or operation of the vessel.(1) An individual who desires to obtain an
ocean charter vessel license shall make written application therefor to
the State Marine Board. The application shall include such information
regarding the vessel and copies of such documents and licenses regarding
operation of the vessel as the board may require. The application shall
be accompanied by proof that the applicant has protection against
liability imposed by law covering occurrences by the operator of the
ocean charter vessel, and the employees of the operator, for the payment
of damages for bodily injuries, including death resulting therefrom, in
the minimum amount of $300,000 per occurrence, at any time while engaged
in carrying passengers for hire. The applicant shall certify that the
vessel complies with the equipment requirements established by the board
under ORS 830.450.
(2) The annual fee for an ocean charter vessel license is:
(a) For vessels owned by residents of this state if the vessel has
license, title and number issued pursuant to ORS chapter 830, $50.
(b) For vessels owned by residents of this state if the vessel has
a valid marine document issued by an agency of the federal government,
$100.
(c) For vessels owned by persons who reside in a state that
requires Oregon residents to pay a license fee to operate an ocean
charter vessel in the waters of that state, such fee as is charged Oregon
residents to operate an ocean charter vessel in the state where the
nonresident applicant resides.
(d) For all vessels owned by nonresidents other than those
described in paragraph (c) of this subsection, $100.
(3)(a) A person who applies for a license to operate an ocean
charter vessel and who accepts deposits from clients in excess of $100
per person or whose agent accepts such deposits, shall submit a bond or
other financial security in the amount of $5,000 to the board at the time
of application. The bond or other financial security shall be held by the
board for the benefit of clients of the licensee who pay a money deposit
to the licensee or the licensee’s agent in anticipation of services to be
received. The bond or other financial security amount shall be released
to such client or clients conditioned upon a failure of the licensee or
the licensee’s agent to return the deposit following cancellation of
services or other failure to provide agreed upon services.
(b) The board shall release or retain all or any portion of a bond
or other financial security as described in paragraph (a) of this
subsection according to the provisions of ORS chapter 183.
(4) A license issued pursuant to this section is transferable to a
replacement vessel of the license holder and is transferable to the
purchaser of the vessel when the vessel is sold. [1989 c.885 §4; 1995
c.759 §3](1)
The liability protection required by ORS 830.440 shall be provided in one
of the following ways:
(a) By a policy or policies of bodily injury liability insurance
described as protection and indemnity insurance in the Standard American
Institute Hull Form, issued by an insurer authorized by ORS chapter 731
to transact such insurance in this state.
(b) By a bond or bonds, issued by a surety company or companies,
authorized by ORS chapter 731 to transact such business in this state.
(c) By evidence of insurance issued on behalf of Lloyds of London
by an insurance broker authorized by ORS chapter 731 to transact such
business in this state.
(d) By any other evidence of liability protection approved by the
State Marine Board.
(2) If the provider of liability protection cancels or refuses to
renew the protection, the company, not less than 30 days prior to the
effective date of termination of the protection, shall notify the board
in writing of the termination and its effective date. Upon receipt of a
liability protection termination notice, the board shall send written
notice to the ocean charter vessel operator that the board will suspend
that person’s ocean charter vessel license unless proof of liability
protection required by ORS 830.440 is filed with the board prior to the
effective date of the proposed liability protection termination. The
board may suspend an ocean charter vessel license if the licensee fails
to maintain in full force and effect the liability protection required by
ORS 830.440. A license that has been suspended pursuant to this section
may not be reinstated until proof of liability protection required by ORS
830.440 has been filed with the board. [1989 c.885 §11] No person shall operate a vessel to
engage in activities for which an ocean charter vessel license is
required unless all equipment required pursuant to this section is on
board the vessel and in proper working order. In establishing equipment
requirements, the State Marine Board shall consider recommendations from
charter boat associations. The board shall consider requiring the
following types of equipment:
(1) If the vessel operates not more than 20 miles from the nearest
port:
(a) First-aid kit.
(b) Automatic bilge warning light or bell for high water condition,
audible or visible from each steering station.
(c) Depth finder.
(d) Life jackets.
(e) Light and smoke flares.
(f) VHF radio with frequencies appropriate to contact the United
States Coast Guard.
(g) Power-operated bilge pumps.
(h) Running lights.
(i) Anchor and anchor chain or line.
(j) Displayed ocean class United States Coast Guard operator’s
license.
(k) Engine room space ventilation system and blower system.
(L) Fire extinguishers.
(m) Magnetic compass.
(n) Bailing buckets or hand-operated bilge pump.
(o) Loran C or radar navigational equipment.
(p) Emergency Position Indicator Radio Beacon device (EPIRB).
(q) Life ring.
(2) If the vessel operates more than 20 miles from the nearest
port, in addition to the equipment specified in subsection (1) of this
section, the board shall consider requiring the following types of
equipment:
(a) Single sideband radio.
(b) Life raft or unsinkable shore boat.
(c) Navigational charts for the area in which the vessel is
operating.
(d) Water lights. [1989 c.885 §5] (1) No person shall make any false
statement of material fact in making application for an ocean charter
vessel license pursuant to ORS 830.440.
(2) No person shall operate a vessel to engage in activities for
which an ocean charter vessel license is required, if it is determined
upon inspection by the State Marine Board or its representative, or upon
citation by a peace officer, that the vessel fails to comply with the
equipment requirements of ORS 830.450, until all equipment requirements
are met.
(3) No person shall operate a vessel to engage in activities for
which an ocean charter vessel license is required without having in
effect the protection against liability referred to in ORS 830.440 and
830.445. [1989 c.885 §6]ACCIDENTS (1) A
person commits the offense of failure to perform the duties of an
operator if the person is the operator of any boat involved in an
accident that results in property damage and the operator fails to take
reasonable steps to notify the owner or person in charge of the property
of the damage, and provide to the owner or person in charge of the
property the operator’s name, address and the identification number of
the boat.
(2) The operator of any boat involved in an accident which results
in injury or death to any person immediately shall stop the boat at the
scene of the accident, or as close thereto as possible, and shall remain
at the scene of the accident until the operator has fulfilled the
requirements of subsection (3) of this section.
(3) The operator of any boat involved in an accident resulting in
injury or death to any person shall:
(a) Give to the other operator, surviving occupant or any person
not injured as a result of the accident, the name, address and the
identifying number of the boat which the operator is operating, and the
name and address of any other occupants of the boat.
(b) Render reasonable assistance to any person injured in the
accident, including the conveying or the making of arrangements for the
conveying of the person to a physician, surgeon or hospital for medical
or surgical treatment, if it is apparent that treatment is necessary or
if conveyance is requested by any injured person.
(4) Any witness to the accident shall furnish to the operator,
occupant or injured person, the name and address of the witness.
[Formerly 488.164; 1997 c.74 §1] (1) The operator of any
boat involved in an accident resulting in injury or death to any person
or damage to property in excess of the dollar amount established by rule
of the State Marine Board shall make a report of the accident to the
board in such form and manner as the board by rule may prescribe.
(2) Whenever a report is insufficient in the opinion of the board,
it may require the operator to file a supplemental report and may also
require a witness to the accident to render a report to the board.
(3) Whenever the operator of a boat is physically incapable of
making a required accident report and there was another occupant in the
boat at the time of the accident capable of making a report, the occupant
shall make or cause the report to be made. [Formerly 488.168; 1991 c.17
§1](1) The State Marine Board shall prepare and make available to the
public forms for accident reports required in ORS 830.480. The report
shall call for sufficiently detailed information to disclose the cause of
an accident, conditions then existing, and the persons and vehicles
involved. Every accident report shall be made on a form approved by the
board.
(2) The State Health Officer shall on or before the 15th day of
each month forward to the board a copy of the death certificate covering
the death, resulting from a boat accident, of any persons within the
jurisdiction of the State Health Officer during the preceding calendar
month. [Formerly 488.172] (1) All accident reports
made to the State Marine Board shall be without prejudice to the
individual reporting and shall be for the confidential use of
administrative and enforcement agencies only.
(2) The board upon written request, shall, if available, disclose
the following information to any party involved in the accident, or, in
the event of the party’s death, to any member of the party’s family, or
to the party’s personal representatives:
(a) The identity of the owner, operator, occupants and the
identifying number of a boat involved in an accident;
(b) The names of any companies insuring the owner or operator; and
(c) The identity of any witnesses to the accident.
(3) No such report shall be used as evidence in any trial, civil or
criminal, arising out of the accident. The board shall furnish, upon
demand of any person who has or claims to have made such a report or upon
demand of any court, a certificate showing that a specified accident
report has or has not been made to the board, solely to prove a
compliance or a failure to comply with the requirement that such a report
be made to the board.
(4) The board shall compile and may analyze all accident reports
and shall publish annually, or at more frequent intervals, statistical
information relating to boat accidents.
(5) In response to any request duly made by an authorized official
or agency of the United States, or in compliance with any federal
requirement, the board shall transmit any information compiled or
otherwise available to the board from the accident reports required by
ORS 830.480 and 830.485. [Formerly 488.176; 1991 c.67 §232](1) When, as a result of an occurrence that
involves a boat or its equipment, a person dies or disappears from a
boat, the operator shall, without delay, by the quickest means available,
notify the nearest sheriff department, state police post, Coast Guard
station or other law enforcement agency of:
(a) The date, time and exact location of the occurrence;
(b) The name of each person who died or disappeared;
(c) The number and name of the boat; and
(d) The names and addresses of the owner and operator.
(2) When the operator of a boat cannot give the notice required by
subsection (1) of this section, each person on board the boat shall
notify the casualty reporting authority or determine that the notice has
been given. [Formerly 488.190]BOATING UNDER INFLUENCE OF INTOXICANTS(1) Any person who operates a boat on any waters
of this state shall be deemed to have given consent to submit to chemical
tests of the person’s breath for the purpose of determining the alcoholic
content of the person’s blood if the person is arrested for operating a
boat while under the influence of intoxicants while in violation of ORS
830.325 or of a municipal ordinance. Tests shall be administered upon the
request of a peace officer having reasonable grounds to believe that the
person arrested was operating a boat while under the influence of
intoxicants while in violation of ORS 830.325 or of a municipal
ordinance. Before the test is administered, the person requested to take
the test shall be informed of rights and consequences as described in ORS
830.545.
(2) No chemical test of the person’s breath shall be given under
subsection (1) of this section, to a person under arrest for operating a
boat while under the influence of intoxicants in violation of ORS 830.325
or of a municipal ordinance, if the person refuses the request of a peace
officer to submit to the chemical test after the person has been informed
of rights and consequences as described in ORS 830.545.
(3) Within the time required by the State Marine Board by rule, the
arresting officer shall report the following information to the board:
(a) Whether the person refused to submit to a test.
(b) Whether the person was informed of rights and consequences as
described under ORS 830.545.
(4) A report required by this section may be made on one or more
forms provided by the board. [1991 c.931 §7] (1) At the trial
of any civil or criminal action, suit or proceeding arising out of the
acts committed by a person operating a boat while under the influence of
any intoxicants, if the amount of alcohol in the person’s blood at the
time alleged is less than 0.08 percent by weight of alcohol and shown by
chemical analysis of the person’s breath or blood, it is indirect
evidence that may be used with other evidence, if any, to determine
whether or not the person was then under the influence of intoxicants.
(2) Not less than 0.08 percent by weight of alcohol in a person’s
blood constitutes being under the influence of intoxicating liquor.
(3) Percent by weight of alcohol in the blood shall be based on
grams of alcohol per 100 cubic centimeters of blood.
(4) For purposes of ORS 830.505 to 830.545, “boat” means a
motorboat or sailboat. [1991 c.931 §6]
If a person refuses or fails to submit to chemical tests of the breath,
blood or urine as required by ORS 830.505 and 830.520, evidence of the
person’s refusal or failure to submit is admissible in any criminal or
civil action or proceeding arising out of acts alleged to have been
committed while the person was operating a boat while under the influence
of intoxicating liquor or controlled substances. [1991 c.931 §8]Nothing in ORS 830.505 is intended to preclude the
administration of chemical tests described in this section. A peace
officer may obtain a chemical test of the blood to determine the amount
of alcohol in any person’s blood or a test of the person’s blood or a
test of the person’s blood or urine, or both, to determine the presence
of a controlled substance in the person as provided in the following:
(1) If, when requested by a peace officer, the person expressly
consents to such a test.
(2) Notwithstanding subsection (1) of this section, from a person
without the person’s consent if:
(a) The peace officer has probable cause to believe that the person
was operating a boat while under the influence of an intoxicating liquor
or controlled substance and that evidence of the offense will be found in
the person’s blood or urine; and
(b) The person is unconscious or otherwise in a condition rendering
the person incapable of expressly consenting to the test or tests
requested. [1991 c.931 §9] In addition to chemical
tests of the breath, blood or urine administered under ORS 830.505 and
830.520, upon the request of a peace officer, a person shall be permitted
upon request, at the person’s own expense, reasonable opportunity to have
any licensed physician, licensed professional nurse or qualified
technician, chemist or other qualified person of the person’s own
choosing administer a chemical test or tests of the person’s breath or
blood for the purpose of determining the alcoholic content of the
person’s blood or a chemical test or tests of the person’s blood or
urine, or both, for the purpose of determining the presence of a
controlled substance in the person. The failure or inability to obtain
such a test or tests by a person shall not preclude the admission of
evidence relating to a test or tests taken upon the request of a peace
officer. [1991 c.931 §10] (1) A chemical analysis is
valid under ORS 830.505, 830.520 or 830.525 if:
(a) It is an analysis of a person’s blood for alcohol content and
is performed in:
(A) A laboratory certified or accredited under 42 C.F.R. part 493
and approved for toxicology testing;
(B) A laboratory licensed under ORS 438.110 and approved for
toxicology testing; or
(C) A forensic laboratory established by the Department of State
Police under ORS 181.080 that is accredited by a national forensic
accrediting organization.
(b) It is an analysis of a person’s breath and is performed by an
individual possessing a valid permit to perform chemical analyses issued
by the Department of State Police under ORS 813.160 or by the State
Marine Board under the provisions of this section. Chemical analyses must
be performed according to methods approved by the Department of State
Police under ORS 813.160 or approved by the board under this section. For
purposes of this section, the board shall do all of the following:
(A) Approve methods of performing chemical analyses of a person’s
breath.
(B) Prepare manuals and conduct courses throughout the state for
the training of peace officers in chemical analyses of a person’s breath,
which courses shall include, but are not limited to, approved methods of
chemical analyses, use of approved equipment and interpretation of test
results together with a written examination on these subjects.
(C) Test and certify the accuracy of equipment to be used by peace
officers for chemical analyses of a person’s breath before regular use of
the equipment and periodically thereafter at intervals of not more than
90 days. Tests and certification required by this subparagraph must be
conducted by trained technicians.
(D) Ascertain the qualifications and competence of individuals to
conduct chemical analyses in accordance with one or more methods approved
by the board or by the Department of State Police under ORS 813.160.
(E) Issue permits to individuals according to their qualifications.
Permits may be issued to peace officers only upon satisfactory completion
of the prescribed training course and written examination. A permit must
state the methods and equipment that the peace officer is qualified to
use. Permits are subject to termination or revocation at the discretion
of the board.
(2) In conducting a chemical test of the blood, only a duly
licensed physician or a person acting under the direction or control of a
duly licensed physician may withdraw blood or pierce human tissue. A
licensed physician, or a qualified person acting under the direction or
control of a duly licensed physician, is not civilly liable for
withdrawing any bodily substance, in a medically acceptable manner, at
the request of a peace officer.
(3) An individual who performs a chemical analysis of breath or
blood under ORS 830.505, 830.520 or 830.525 shall prepare and sign a
written report of the findings of the test. A test administered at the
request of a peace officer must include the identification of the peace
officer upon whose request the test was administered.
(4) Any individual having custody of the report mentioned in
subsection (3) of this section shall, upon request of the person tested,
furnish a copy of the report to that person or that person’s attorney.
(5) The expense of conducting a chemical test as provided by ORS
830.505 or 830.520 must be paid by the governmental units on whose
equipment the test is conducted or by the governmental units upon whose
request the test was administered if no governmental unit’s equipment is
used to conduct the test. [1991 c.931 §11; 2003 c.19 §2] This section
establishes the requirements for information about rights and
consequences for purposes of ORS 830.505. The following apply to the
information about rights and consequences:
(1) The information about rights and consequences shall be
substantially in the form prepared by the State Marine Board. The board
may establish any form it determines appropriate and convenient.
(2) The information about rights and consequences shall be
substantially as follows:
(a) Operating a boat under the influence of intoxicants is a crime
in Oregon and the person is subject to criminal penalties if the test
shows that the person is under the influence of intoxicants. If the
person refuses the test or fails, evidence of the refusal or failure may
also be offered against the person.
(b) The person fails the test if the test shows the person is under
the influence of intoxicants under Oregon law.
(c) If the person is convicted of operating a boat while under the
influence of intoxicants, the person may not operate a boat for a period
of time following the conviction.
(d) If the person is convicted of operating a boat while under the
influence of intoxicants, the person is not eligible to apply for any
certificate of title, registration or numbering and all certificates of
title, registration and numbering necessary to lawfully operate a boat on
Oregon waters shall be canceled for at least a year. The ineligibility to
apply for certificates or the cancellation of the certificates shall be
substantially longer if the person refuses the test.
(e) After taking the test, the person shall have a reasonable
opportunity, upon request, for an additional chemical test for blood
alcohol content to be performed at the person’s own expense by a
qualified individual of the person’s choosing.
(3) Nothing in this section prohibits the board from providing
additional information concerning rights and consequences that the board
considers appropriate or convenient. [1991 c.931 §12](1) Any person who operates a boat on
any waters of this state shall be deemed to have given consent to submit
to field sobriety tests upon the request of a peace officer for the
purpose of determining if the person is under the influence of
intoxicants if the peace officer reasonably suspects that the person has
committed the offense of operating a boat while under the influence of
intoxicants in violation of ORS 830.325 or a municipal ordinance. Before
the tests are administered, the person requested to take the test shall
be informed of the consequences of refusing to take or failing to submit
to the tests under ORS 830.545.
(2) If a person refuses or fails to submit to field sobriety tests
as required by subsection (1) of this section, evidence of the person’s
refusal or failure to submit is admissible in any criminal or civil
action or proceeding arising out of allegations that the person was
operating a boat while under the influence of intoxicants.
(3) Within the time required by the State Marine Board by rule, the
arresting officer shall report the following information to the board:
(a) Whether the person refused to submit to a test.
(b) Whether the person was informed of rights and consequences as
described under ORS 830.545.
(4) A report required by this section may be made on one or more
forms provided by the board. [1991 c.931 §13]SEAPLANES The provisions
of ORS 830.172, 830.200, 830.210 to 830.240, 830.245, 830.250, 830.260,
830.270, 830.375, 830.410, 830.415, 830.420, 830.430 to 830.460, 830.700
to 830.870 and 830.880 to 830.895 do not apply to seaplanes as defined in
ORS 835.200. [1995 c.655 §3; 1999 c.692 §11](1) The State Marine
Board and the Oregon Department of Aviation shall cooperate to publish
and distribute information concerning laws, rules and regulations that
govern seaplane safety and operations in Oregon.
(2) As used in this section, “seaplane” has the meaning given that
term in ORS 835.200. [1995 c.655 §5; 2001 c.104 §316; 2005 c.22 §518]NUMBERING, TITLES AND LICENSES(Generally)As used in ORS 830.060 to 830.145, 830.700 to 830.715, 830.725,
830.730, 830.770, 830.780, 830.785, 830.795 to 830.820 and 830.830 to
830.870, unless the context requires otherwise:
(1) “Boat” means every description of watercraft used or capable of
being used as a means of transportation on the water, but does not
include aircraft equipped to land on water, boathouses, floating homes,
air mattresses, beach and water toys or single inner tubes.
(2) “Boathouse” means a covered structure on floats or piles used
for the protected moorage of boats.
(3) “Dealer” means a person who engages wholly or in part in the
business of buying, selling or exchanging boats, floating homes or
boathouses, either outright or on conditional sale, bailment lease,
chattel mortgage or otherwise.
(4) “Floating home” means a moored structure that is secured to a
pier or pilings and is used primarily as a domicile and not as a boat.
(5) “Operate” means to navigate or otherwise use a boat on water.
(6) “Owner” means a person or persons who have a property interest
other than a security interest in a boat, floating home or boathouse and
the right of use or possession of the boat, floating house or boathouse,
but does not include a lessee.
(7) “Ownership” means a property interest other than a security
interest.
(8) “Security interest” means an interest reserved or created by
agreement which secures payment or performance of an obligation as more
particularly defined by ORS 71.2010 (37).
(9) “State of principal use” means the state on whose waters a boat
is used or to be used during most of a calendar year. [Formerly 488.705;
1999 c.59 §251]
(1) This section and ORS 830.710, 830.770, 830.780, 830.785, 830.795 to
830.805 and 830.830 to 830.870 do not apply to:
(a) A boat which has a valid marine document issued by the United
States Coast Guard or any federal agency which succeeds to the duty of
issuing marine documents.
(b) Foreign boats operated only temporarily in the waters of this
state.
(c) A boat owned and operated by the United States or a state or by
an entity or political subdivision of the United States or a state,
except recreational type public vessels.
(d) A ship’s lifeboat used solely for lifesaving purposes.
(e) A boat belonging to a class of boats which has been exempted
from the provisions of this section and ORS 830.710, 830.770, 830.780,
830.785, 830.795 to 830.805 and 830.830 to 830.870 by the State Marine
Board as provided in ORS 830.110 (9).
(f) A boat already covered by a number in full force and effect
which has been issued to it pursuant to federal laws or a federally
approved numbering system of another state; provided that such boat shall
not have been within this state for a period in excess of 60 consecutive
days.
(2) This section and ORS 830.710, 830.770, 830.780, 830.785,
830.795 to 830.805 and 830.830 to 830.870 do apply to all boats other
than boats described in subsection (1) of this section which are
propelled by machinery, whether or not the machinery is the principal
source of propulsion and to sailboats which are 12 feet or more in length.
(3) This section and ORS 830.300 and 830.710 to 830.870 do not
apply to any vessel for which an ocean charter vessel license has been
issued and for which the fee has been paid as provided in ORS 830.440
(2)(b). [Formerly 488.715; 1993 c.18 §173](1) Within 30
days after the transfer of all or any part of the interest of the owner
in a boat, boathouse or floating home, or the abandonment or destruction
of a boat, boathouse or floating home, for which a valid identifying
number has been awarded by this state, the owner shall notify the State
Marine Board of the transfer of interest, destruction or abandonment.
(2) Within 30 days after any change in the address of the owner,
the owner of a boat, boathouse or floating home for which a valid
identifying number has been awarded by this state shall report the change
to the board. [Formerly 488.750]The State Marine Board shall keep a current record of
outstanding certificates of title, certificates of number and
registration and recorded numbers, which shall be a public record open to
inspection by the public during reasonable office hours. However, the
board may charge a reasonable fee for furnishing information concerning a
boat, boathouse or floating home or its owner. [Formerly 488.810](1) An owner who scraps, dismantles or destroys a boat,
boathouse or floating home and a person who purchases a boat, boathouse
or floating home as scrap or to be dismantled or destroyed shall
immediately cause the certificate of title to be mailed or delivered to
the State Marine Board for cancellation.
(2) Upon the destruction of the certificate of title record of any
boat, boathouse or floating home, the board shall maintain a file
disclosing the last owner and security interest holders, if any, of the
boat, boathouse or floating home as shown by the destroyed certificate of
title record. [Formerly 488.774] The State Marine Board may
publish and distribute to the sheriff, county assessor and county clerk
of each county, the U. S. Coast Guard, Department of State Police and
other interested agencies current lists of the names and addresses of
boat, boathouse or floating home owners to whom valid, effective
identifying numbers have been issued. The lists, if published, shall be
arranged both alphabetically by the name of the owner and numerically by
the identifying numbers. [Formerly 488.815] No person shall give any
false statement or information or assist another to give any false
statement or information in any application, notice, statement or report
to a peace officer or the State Marine Board. [Formerly 488.820; 1999
c.391 §1](Titles; Security Interest)(1) Except as provided in subsection (2) of this
section, the exclusive means of perfecting a security interest in a boat,
boathouse or floating home covered by a certificate of title is by
application for and notation of the security interest on the certificate
of title in accordance with the provisions of ORS 830.720, 830.740 to
830.755, 830.785, 830.810, 830.850 and 830.855. The security interest
remains effective until released or terminated by the secured party.
(2) A security interest may not be perfected by notation of the
security interest on the certificate of title if the debtor who granted
the security interest is in the business of selling boats, boathouses or
floating homes, and the boat, boathouse or floating home constitutes
inventory held for sale or lease or the boat, boathouse or floating home
is leased by the debtor as lessor. The filing provisions of ORS 79.0501
to 79.0528 shall apply to security interests in such boats, boathouses or
floating homes.
(3) The rights and remedies of all persons in boats, boathouses and
floating homes covered by this section shall be determined by the
provisions of the Uniform Commercial Code. [Formerly 488.763; 2001 c.445
§185]Note: For transition provisions regarding secured transactions, see
notes under 79.0628.(1) In the event of the creation of a security
interest in a boat, boathouse or floating home for which a certificate of
title has been issued, the owner shall sign in an application space
provided on the back and deliver the certificate of title to the person
in whom the security interest was created, who shall, within 10 days
thereof, present the certificate to the State Marine Board, with the name
of the owner shown thereon. In the event a prior security interest holder
is in possession of the certificate of title, the owner shall sign and
may arrange for direct delivery by the prior security interest holder to
the board. The board, upon payment of the required fee, shall issue a new
certificate of title, note the change upon the records in order of
priority and mail the certificate to the security interest holder first
named on the certificate.
(2) Upon satisfaction of a security interest in a boat, boathouse
or floating home for which a certificate of title has been issued, the
security interest holder affected, if the holder is in possession of the
certificate of title, shall sign a release on the certificate of title
and deliver it to the security interest holder next named, if any, or if
none, to the owner. In the event the security interest holder affected is
not in possession of the certificate of title, the holder shall execute a
release of interest to the person entitled thereto who shall promptly
deliver it to the holder of the certificate of title. Within 10 days
after the delivery of the certificate of title or release, the holder
shall present the certificate of title and release, if any, to the board.
Upon payment of the required fee, the board thereupon shall note the
change upon its records and issue a new certificate of title to the first
security interest holder then named, if any, otherwise to the owner.
(3) A security interest holder may without the consent of the owner
assign interest in a boat, boathouse or floating home to a person other
than the owner without affecting the interest of the owner or the
validity or priority of the interest but a person without notice of the
assignment is protected in dealing with the security interest holder
until the assignee is named as security interest holder on the
certificate. The assignee may have the certificate of title issued with
the assignee named as security interest holder upon delivery to the board
of the certificate with the signature of the assignor releasing interest
together with the required fee. [Formerly 488.766](1) If an owner transfers interest in a boat, boathouse
or floating home for which an Oregon certificate of title has been
issued, other than by the creation of a security interest as provided by
ORS 830.745, the owner shall, with the signed consent of the security
interest holder shown on the face of the certificate of title, indorse on
the back of the certificate an assignment thereof, with warranty of title
in a form printed thereon and a statement of all unsatisfied security
interests shown on the face of the certificate. Except as provided in
subsection (2) of this section, the transferee shall sign the certificate
in an application space provided thereon, and shall indicate any new
security interests in order of priority. The transferee or holder of the
certificate shall, within 10 days after the transfer, present the
certificate accompanied by the required fee to the State Marine Board,
whereupon a new certificate of number or registration shall be issued and
delivered to the transferee and a new certificate of title shall be
issued to the transferee, and delivered to the first security interest
holder in order of priority, if any, or if none, to the transferee.
(2) If the transferee is a dealer who purchases the boat, boathouse
or floating home for resale, the transferor shall merely indorse the
certificate of title, and the dealer shall not be required to present the
certificate of title to the board until the dealer transfers the boat,
boathouse or floating home. However, the dealer shall notify immediately
the board that the boat, boathouse or floating home has been transferred
to the dealer. Upon the transfer of the boat, boathouse or floating home
by the dealer, the dealer shall deliver to the transferee the assigned
certificate of title received by the dealer. The transferee, unless a
dealer purchasing the boat, boathouse or floating home for resale, shall
sign the certificate and complete it in the manner provided in subsection
(1) of this section, whereupon the board shall issue and deliver a new
certificate of number or registration and a new certificate of title in
the manner provided in subsection (1) of this section. [Formerly 488.768](1) In the event of the transfer by operation of law of
the interest of an owner or security interest holder in a boat, boathouse
or floating home for which an Oregon certificate of title has been
issued, the certificate of title, if available, shall be signed upon the
reverse side by the executor, administrator, receiver, trustee, sheriff
or other representative or successor in interest of the person whose
interest is so transferred in lieu of the person. The representative or
successor shall file with the State Marine Board a notice of any transfer
of the boat, boathouse or floating home by the representative or
successor, together with evidence satisfactory to the board of all facts
entitling the representative or successor to make the transfer. Upon the
receipt of satisfactory evidence of the facts, and the required fee, the
board shall issue a new certificate of title and a certificate of number
or registration. If a boat, boathouse or floating home is repossessed,
satisfactory evidence must be presented to the board that the security
interest holder has given at least 10 days’ notice to the owner of the
boat, boathouse or floating home, by registered mail or by certified mail
with return receipt at the last-known post-office address of the owner
the security interest holder’s intention to apply for a certificate of
title.
(2) As used in subsection (1) of this section, a transfer by
operation of law includes inheritance, devise, bequest, order in
bankruptcy or insolvency, execution sale, repossession upon default in
performance of the terms of a security agreement, or any transfers
effected other than by the voluntary act of the person whose interest is
transferred. [Formerly 488.772; 1991 c.249 §74](Boats) (1) No
person shall operate a boat on the waters of this state and no owner of a
boat shall knowingly allow another to operate the owner’s boat on the
waters of this state unless:
(a) The owner of the boat holds a valid, effective certificate of
number issued in the owner’s name as owner:
(A) By this state, as provided in ORS 830.060 to 830.145 and
830.700 to 830.870;
(B) By an agency of the federal government; or
(C) By the state of principal use which issued the certificate of
number under a federally approved numbering system.
(b) The certificate of number is carried on the boat, except as
provided in subsection (2) of this section.
(2) Persons renting a boat from a livery are not required to carry
the certificate of number on the boat, provided:
(a) The livery owner retains the certificate of number at the
livery office for immediate inspection by a peace officer;
(b) The boat is clearly marked and identified as a livery boat; and
(c) The boat operator has a signed rental or lease agreement
containing the boat’s identifying number and the period of time for which
the boat is rented or leased. [Formerly 488.720; 2003 c.14 §502](1) Notwithstanding the provisions of ORS 830.705, 830.710,
830.770, 830.780 to 830.805 and 830.830 to 830.870, no person shall
operate a boat which is not used for commercial purposes and has a valid
marine document issued by the United States Coast Guard or any federal
agency which succeeds to the duty of issuing marine documents unless:
(a) The owner holds a certificate of registration issued in the
name of the owner as owner.
(b) The certificate is carried on the boat.
(c) A decal awarded to the boat is conspicuously displayed.
(2) The State Marine Board shall issue a certificate of
registration and a decal that recites its issuance by the board as
prescribed by ORS 830.790. [Formerly 488.823; 1993 c.18 §174; 2003 c.455
§4] (1) No person
shall operate a boat on the waters of this state unless:
(a) There is painted on or attached to each side of the forward
half of the boat a valid, effective identifying number awarded to the
boat:
(A) By this state;
(B) By an agency of the federal government; or
(C) Subject to the provisions of ORS 830.805, by another state that
awards identifying numbers under a federally approved numbering system.
(b) The identifying number described in paragraph (a) of this
subsection is painted or attached on each side of the forward half of the
vessel in such position as to provide clear legibility for
identification. The numbers shall read from left to right and shall be in
block characters of good proportion not less than three inches in height.
The numbers shall be of a color that will contrast with the color of the
background and so maintained as to be clearly visible and legible; i.e.,
dark letters on a light background, or light letters on a dark background.
(c) No number other than the identifying number described in
paragraph (a) of this subsection appears on the forward half of the boat.
(2) No person or dealer shall sell or display for sale a boat
previously numbered by this state, by an agency of the federal government
or by another state that issued a certificate of number under a federally
approved numbering system unless the identifying number appears on each
side of the forward half of the boat. [Formerly 488.725; 2003 c.14 §503] Subject to the provisions of
ORS 830.830, the owner of a boat which is operated principally on the
waters of this state shall apply to the State Marine Board for an
identifying number. The application shall include the true name of the
owner, the residence or business address of the owner, a description of
the boat and any other information required by the board. The application
shall be signed by the owner and shall be accompanied by the prescribed
fee. [Formerly 488.730] (1) The biennial fee for
the original or renewal certificate of number or registration is:
(a) $3 per foot, or portion thereof, for all sailboats 12 feet in
length or more and for all motorboats.
(b) $6, for boats that are assessed by the Department of Revenue
under ORS 308.505 to 308.665.
(c) $6, for amphibious vehicles that are licensed by the Department
of Transportation.
(2) Notwithstanding subsection (1) of this section, no fee is
required for boats owned by eleemosynary organizations which are operated
primarily as a part of organized activities for the purpose of teaching
youths scoutcraft, camping, seamanship, self-reliance, patriotism,
courage and kindred virtues.
(3) Except for the assessment referred to in subsection (1)(b) of
this section, the fees provided by this section are in lieu of any other
tax or license fee.
(4) The operator of a boat livery holding five or more boats ready
for hire may pay a biennial certificate of number fee of $55 plus $6 for
each boat instead of the fee otherwise provided in this section.
[Formerly 488.732; 1997 c.432 §1; 2003 c.455 §1](1) Subject to the provisions of ORS 830.800,
if the application is in order, the State Marine Board shall issue to the
owner a certificate of number which shall state the identifying number
awarded to the boat, the name and address of the owner, the description
of the boat, the issue date and the expiration date of the certificate of
number. The certificate of number shall be pocket size.
(2) The board shall issue a set of validation stickers bearing the
year through which the certificate of number is issued. The stickers
shall be placed three inches to the rear of the identifying number placed
on the boat as required by ORS 830.780. [Formerly 488.735](1) A certificate of number expires on December 31 of the
year indicated on the certificate.
(2) The State Marine Board may require the surrender of the expired
certificate of number before issuing a new certificate of number.
(3) The identifying number awarded to a boat by the board shall
remain the same.
(4) An application for renewal of a certificate of number shall be
made in the same manner as provided in ORS 830.785. The application shall
be accompanied by the fee prescribed by ORS 830.790. The board shall
renew certificates of number and issue validation stickers in the same
manner as provided in ORS 830.795. [Formerly 488.740]The owner of any boat covered by a number in
full force and effect which has been issued to it pursuant to the then
operative federal law or a federally approved numbering system of another
state, shall make application within 10 days after the 60-day reciprocity
period provided in ORS 830.705 (1)(f). Such application shall be in a
manner pursuant to the procedure required for the issuance of a number in
ORS 830.785. [Formerly 488.755](1) Except as otherwise provided in this subsection, a
person may not operate a boat for which an identifying number is required
under ORS 830.705, 830.710, 830.770, 830.780 to 830.805 and 830.830 to
830.870, unless the owner has secured from the State Marine Board a
certificate of title for the boat. This subsection does not apply to
operation of:
(a) Amphibious vehicles that have a valid title issued by the
Department of Transportation.
(b) A boat for which an identifying number issued under ORS 830.830
is required.
(2) A certificate of title is prima facie evidence of the ownership
of a boat or a security interest therein. A certificate of title is good
for the life of the boat so long as the certificate is owned or held by
the legal holder of the certificate.
(3) The board may assess the following application fees:
(a) Original title or title transfer, $30.
(b) Duplicate title, $15.
(c) Duplicate certificate of number or registration, $10.
(d) Duplicate validation stickers, $10.
(4) The board shall establish, by rule, penalty fees for late
application for certificates required by this section or ORS 830.710. A
penalty fee may not exceed $50.
(5) Rules adopted pursuant to this section shall be in accordance
with the provisions of ORS chapter 183. [Formerly 488.762; 2003 c.455 §2](1) The State Marine Board may refuse to issue a certificate
of title or a certificate of number or registration if the board
determines at any time that an applicant for the certificate has:
(a) Given a false statement or false information in applying for
the certificate;
(b) Otherwise failed to comply with the applicable provisions under
ORS 830.060 to 830.145 and 830.700 to 830.870 pertaining to application
for certificates; or
(c) Been convicted of operating a boat while under the influence of
an intoxicating liquor or controlled substance within one year of the
date of application or within three years of the date of application if
the record of conviction shows that the person willfully refused the
request of a peace officer to submit to chemical testing of the breath or
a field sobriety test pursuant to ORS 830.505 and 830.550.
(2) After a hearing upon 10 days’ notice, the board may cancel a
certificate of title or certificate of number or registration if the
board determines at any time that an owner, boat manufacturer or dealer
named in the certificate:
(a) Gave a false statement or false information in applying for the
certificate; or
(b) Otherwise failed to comply with the applicable provisions under
ORS 830.060 to 830.145, 830.700 to 830.715, 830.725, 830.730, 830.770,
830.780, 830.785, 830.795 to 830.820 and 830.830 to 830.870 pertaining to
applications for certificates.
(3) The board shall automatically suspend the certificate of number
for any boat if the board receives notification of a conviction for
violation of ORS 830.260 under ORS 830.270. The suspension under this
subsection is not subject to hearing. The board shall reinstate a
certificate of number suspended under this subsection when the boat owner
submits proof satisfactory to the board that the boat has been approved
by a person designated by the board as meeting the standards for sound
levels established by the board.
(4) If the board receives notification from any court in this state
that any person who is charged with a boating offense and who is the
registered owner of the boat has failed to appear as required by law or
has failed to comply with the judgment of the sentencing court, the board
shall take the following actions:
(a) Notify, by certified mail, the registered owner of the boat
involved in the offense of the owner’s failure to appear or comply with
the judgment of the court. The notification shall include a copy of the
citation issued to the owner and will inform the owner that the board
will suspend the certificate of number for the boat 45 days from the date
of the mailing of the notice by the board. The notice shall include a
statement that a hearing may be requested in writing within 10 days of
the notice. Any hearing requested under this subsection shall be limited
to the issue of whether the person is the person who failed to appear or
comply with the judgment of the sentencing court.
(b) The board shall suspend the certificate of number for the boat
involved 45 days after mailing notice of intent to suspend to the owner
of the boat unless a hearing has been requested or, within the 45-day
notice period, the board receives notice from the court that the owner
has appeared in court and is in compliance with any court order entered
in the proceeding. Notice from the court may consist of a copy of any
receipt or other document issued by the court indicating that the person
has appeared and is in compliance with any court order.
(c) Upon suspending any certificate of number under this
subsection, the board may charge the owner a reinstatement fee sufficient
to cover the actual expenses of the board in processing the transactions
described in this section. The board shall reinstate any certificate of
number suspended under this subsection upon receiving payment of any
reinstatement fee and notice from the court that the owner has appeared
and fully satisfied the judgment of the court.
(5) Conviction of operating a boat while under the influence of an
intoxicating liquor or controlled substance under ORS 830.325 constitutes
grounds for suspension of a person’s certificate of number or
registration for all boats owned by the person. The following provisions
apply to such suspension:
(a) Upon receipt of a record of conviction for a violation of ORS
830.325, the board shall notify the convicted person that all
certificates of number or registration issued in the person’s name are
suspended. The notice shall include a statement that a hearing may be
requested in writing within 10 days of the notice. Any hearing requested
under this subsection shall be limited to the issue of whether the person
is the person convicted.
(b) The suspension shall be for three years from the date of
conviction if the record of conviction shows that the person willfully
refused the request of a peace officer to submit to chemical testing of
the breath or a field sobriety test under ORS 830.505 and 830.550.
Otherwise the period of suspension shall be for one year from the date of
conviction. [Formerly 488.780; 1991 c.931 §3; 1997 c.48 §1; 1999 c.1051
§94] The State
Marine Board may issue a duplicate certificate of number or registration,
or title, or a duplicate set of validation stickers upon application by
the person entitled to hold a certificate or to be in possession of the
validation stickers if the board is satisfied that the original
certificate or validation stickers have been lost, destroyed or
mutilated. [Formerly 488.805; 2003 c.455 §3] (1) No person shall
operate a boat on the waters of this state or be in possession of a boat
for which the State Marine Board has issued a certificate of boat title
unless such boat has a hull identification number that complies with the
requirements of this section. Hull identification numbers must be carved,
burned, stamped, embossed, clearly imprinted or otherwise permanently
affixed to the outboard side of the transom, or if there is no transom,
to the outermost starboard side at the end of the hull that bears the
rudder or other steering mechanism above the waterline of the boat in
such a way that alteration, removal or replacement would be obvious or
evident. No person, firm, association or corporation shall destroy,
remove, alter, cover or deface any number awarded to a vessel by the
State Marine Board or the manufacturer’s hull identification numbers.
(2) The hull identification numbers required under subsection (1)
of this section shall comply with the following:
(a) All vessels built after 1984 shall have two identical hull
identification numbers permanently affixed and displayed in accordance
with federal regulations.
(b) The primary hull identification number shall be affixed to the
outboard side of the vessel’s transom, on the starboard side, within two
inches of the top of the transom, gunwale or hull or deck joint,
whichever is lowest, or if there is no transom, to the outermost
starboard side at the end of the hull that bears the rudder or other
steering mechanism above the waterline of the boat in such a way that
alteration, removal or replacement would be obvious or evident.
(c) A duplicate hull identification number shall be affixed in an
unexposed location on the interior of the vessel or beneath a fitting or
item of permanent hardware. A hull identification number may not be
attached to any part of the vessel that is removable.
(d) A person who builds a vessel for the person’s own use and not
for the purpose of sale shall request a hull identification number from
the State Marine Board and affix the awarded number in accordance with
this section. [Formerly 488.778; 1999 c.391 §2] (1) A dealer or
boat manufacturer:
(a) May apply to the State Marine Board for one or more identifying
numbers issued under this section.
(b) Shall display an identifying number issued under this section
on a boat while operating or using the boat for a purpose related to the
testing, buying, selling or exchanging of the boat.
(2) The application for a number under this section shall include
the name and the business address of the dealer or boat manufacturer. Any
number of identifying numbers may be requested in the same application.
(3) An application for a number under this section shall be
accompanied by the following fees:
(a) For the first number applied for, $28.
(b) For each additional number applied for in any application and
all renewals, $6.
(4) The board shall issue a certificate of number or registration
for each identifying number awarded under this section in the same manner
as provided in ORS 830.795. Numbers and certificates issued under this
section are subject to the following:
(a) An identifying number is valid for not more than two years.
(b) No boat shall be described in the certificate and each
certificate shall state that the identifying number has been awarded to a
dealer or boat manufacturer.
(c) A certificate of number issued under this section expires on
December 31 of the year indicated on the certificate.
(5) The provisions of ORS 830.800 (2) and (4) apply to a
certificate of number issued under this section.
(6) An identifying number issued under this section shall be
displayed on a boat of a dealer or boat manufacturer in the same manner
as provided in ORS 830.780, except that the number may be temporarily
attached.
(7) No person other than a dealer or boat manufacturer or a
representative of a dealer or boat manufacturer shall display or use an
identifying number issued under this section.
(8) No person shall use an identifying number issued under this
section for any purpose other than the purpose described in subsection
(1) of this section. [Formerly 488.760; 2003 c.14 §504](Floating Homes; Boathouses)(1) No person shall use a
floating home or boathouse on the waters of this state unless there is
affixed to the floating home or boathouse in plain sight an identifying
plate with a unique number awarded to the floating home or boathouse by
this state.
(2) No person shall use a floating home or boathouse for which an
identifying plate is required unless the owner has secured from the State
Marine Board a certificate of title for the floating home or boathouse. A
certificate of title is prima facie evidence of the ownership of the
floating home or boathouse or a security interest therein. A certificate
of title is good for the life of the floating home or boathouse so long
as the certificate is owned or held by the legal holder of the
certificate. The board shall charge a fee of $20 for issuing each
certificate of title. [Formerly 488.718](1) The owner of a floating
home or boathouse that is used principally on the waters of this state
shall apply to the State Marine Board for an identifying plate. The
application shall include the true name of the owner, the residence or
business address of the owner, a description of the floating home or
boathouse, the location of the floating home or boathouse and any other
information required by the board. The application shall be signed by the
owner and be accompanied by a fee of $20.
(2) Subject to ORS 830.860, if the application is in order, the
board shall issue to the owner a certificate of title. The title shall
contain the name and address of the owner, a description of the floating
home or boathouse, the issue date, the location of the floating home or
boathouse and a statement that the title is valid and effective only so
long as ownership and location remain the same. [Formerly 488.726]
(1) A certificate of title for a floating home or boathouse is valid and
effective only as long as ownership and location remain the same.
(2) The State Marine Board shall require the surrender of the
certificate of title before issuing a new certificate of title unless the
floating home was abandoned by a tenant under ORS chapter 90.
(3) The identifying plate issued by the board shall remain the same
when a new certificate of title is issued.
(4) Application for a new certificate of title shall be made in the
manner provided in ORS 830.855. The application shall be accompanied by a
fee of $20. The board shall issue the new certificate of title in the
manner provided in ORS 830.855. [Formerly 488.727; 1997 c.577 §44] In accordance with ORS chapter 183, the State Marine
Board shall adopt rules necessary to carry out the provisions of ORS
830.850 to 830.860. [Formerly 488.728] Upon receipt of proof
satisfactory to the State Marine Board from the holder of a certificate
issued pursuant to ORS 830.850 to 830.860 that the certificate has been
lost, mutilated, destroyed or stolen, the board shall issue to the holder
a duplicate certificate for a fee of $20. [Formerly 488.720]DISPOSITION OF BOATS AND EQUIPMENT FROM WHICH IDENTIFICATION NUMBER
REMOVED As used in ORS
830.880 to 830.895:
(1) “Component” means any severable portion of a boat that
possesses or did possess an identification number.
(2) “Identification number” means a distinguishing number assigned
to a boat or component by the manufacturer, the State Marine Board or a
police agency. [Formerly 488.900](1) When a peace officer discovers a boat or component from
which a number awarded by the State Marine Board or the manufacturer’s
hull identification number assigned to the boat or the component
identification number has been removed, defaced, covered, altered or
destroyed, the peace officer may seize and hold it for identification and
disposal as provided in ORS 830.880 to 830.895.
(2) The police agency having custody of the property shall have a
specially qualified inspector or peace officer inspect the property for
the purpose of locating the identification number. If the identification
number is found it shall be checked with the list of stolen boats
maintained by the National Crime Information Center. If the
identification number is not found the police agency shall apply to the
State Marine Board for renumbering as provided in ORS 830.895. [Formerly
488.905; 1999 c.391 §3; 2001 c.104 §317](1) When the property seized under ORS
830.880 is not listed as stolen by the National Crime Information Center
and the hull identification number is established the property shall be
returned to the person from whom it was seized if:
(a) The person can establish that the person is the owner of the
property; or
(b) The person executes a good and valid surety bond in an amount
at least equal to the market value of the property and conditioned upon
return of the property to the owner, if one can be established. The bond
will be for a period of time determined by the State Marine Board.
(2) If the person to whom the property was returned does not
establish that the person is the owner of the property the police agency
holding the property shall make reasonable efforts to determine the names
and addresses of the owner and all persons of record having an interest
in the property. If the police agency is able to determine the names and
addresses of the owner and such other persons it shall immediately notify
the owner by registered or certified mail of the disposition of the
property.
(3) When the property seized under ORS 830.880 is not listed as
stolen by the National Crime Information Center and the hull
identification numbers have been removed, altered or defaced and the
person from whom the property was seized cannot establish that the person
is the owner of the property, the sheriff of the county where the seizure
took place shall take custody of the property and sell the property at
public auction in the manner provided in ORS 87.192 and 87.196 or dispose
of the property in a manner provided by local ordinance. If a bid for the
property is not offered at the public auction, the sheriff may destroy or
otherwise dispose of the property. [Formerly 488.910; 1999 c.391 §4](1) If the hull or component identification number of
property seized pursuant to ORS 830.880 is not established or if the
property is reported as stolen by the National Crime Information Center
the police agency having custody of the property shall, after making
reasonable efforts to ascertain the names and addresses of the owner and
all persons of record having an interest in the property, notify the
person from whom the property was seized, and the owner and such other
persons if they can be ascertained, of their right to respond within 60
days from the issuance of the notice through court action for the return
of the seized property. The taking of the property, the description
thereof and a statement of the rights of an owner or other persons of
record having an interest in the property to respond through court action
for the return of the seized property shall be advertised in a daily
newspaper published in the city or county where the property was seized,
or if a daily newspaper is not published in such city or county, in a
newspaper having weekly circulation in the city or county, once a week
for two consecutive weeks and by handbills posted in three public places
near the place of seizure.
(2) If court action is not initiated within 60 days from the
issuance of notice the property shall be sold at public auction by the
sheriff or other local police agency having custody of the property.
Property seized and held by or at the direction of the Department of
State Police under ORS 830.880 shall be delivered to the sheriff of the
county in which the vehicle was located at the time it was taken into
custody for sale under this subsection. The sheriff or other local police
agency shall, after deducting the expense of keeping the property and the
cost of sale, pay all the security interests, according to their
priorities which are established by intervention or otherwise at such
hearing or in other proceeding brought for that purpose, and shall pay
the balance of the proceeds into the general fund of the unit of
government employing the officers of the selling police agency. [Formerly
488.915; 1999 c.391 §5] (1) A police agency
having custody of a boat or component for which an identification number
is not established or a person to whom a boat or component has been
returned pursuant to ORS 830.885 shall apply to the State Marine Board
for an identification number.
(2) Except as provided in subsection (1) of this section the board
shall not assign an identification number to a boat or component from
which the identification number assigned to the boat or component by the
board has been removed, defaced, covered, altered or destroyed unless the
boat or component has been inspected pursuant to ORS 830.880. [Formerly
488.920]ABANDONED BOATS, FLOATING HOMES, BOATHOUSES As used in ORS
830.907 to 830.927:
(1) “Boathouse” has the meaning given that term in ORS 830.700.
(2) “Established or attended moorage” means a place where a boat,
floating home or boathouse is attached to a pier, piling or marina in
such a way as to be secure.
(3) “Floating home” has the meaning given that term in ORS 830.700.
(4) “Removing authority” has the meaning given that term in ORS
98.245. [1999 c.692 §2; 2003 c.693 §4](1) A person
commits the offense of abandoning a boat, floating home or boathouse if
the person leaves a boat, floating home or boathouse on the waters of
this state or upon any public or private property except with the
permission of the property owner, or at an established or attended
moorage or in any area leased for occupation by the Department of State
Lands under ORS chapter 274.
(2) The owner of the boat, floating home or boathouse as shown by
the records of the State Marine Board shall be considered responsible for
the abandonment of the boat, floating home or boathouse in the manner
prohibited by this section and shall be liable for the cost of removal,
cleanup and disposition of the abandoned boat, floating home or boathouse.
(3) A boat, floating home or boathouse abandoned in violation of
this section is subject to the provisions for removal of an abandoned
boat, floating home or boathouse under ORS 830.912 and 830.914 and to
being sold or disposed of as provided under ORS 98.245. [1999 c.692 §3;
2003 c.693 §5](1) After providing notice
required under ORS 830.917, a removing authority may take a boat,
floating home or boathouse into custody and remove the boat, floating
home or boathouse if:
(a) The removing authority has reason to believe the boat, floating
home or boathouse is abandoned; and
(b) The boat, floating home or boathouse is left on the waters of
this state or upon public or private property for a period in excess of
48 hours without permission of the property owner or authorization by
statute or local ordinance.
(2) The authority in this section to remove and take a boat,
floating home or boathouse into custody is in addition to any authority
to remove and take a boat, floating home or boathouse into custody under
ORS 830.914.
(3) A boat, floating home or boathouse removed and taken into
custody under this section is subject to disposition under ORS 98.245 if
the boat, floating home or boathouse is not claimed as provided under ORS
98.245 or returned to the custody of the owner or person entitled to
possession. [1999 c.692 §4; 2003 c.693 §6](1) A removing authority may
immediately take custody of a boat, floating home or boathouse that is
disabled, abandoned or left unattended on the waters of this state and
that is in such a location as to constitute a hazard or obstruction to
other boats, floating homes or boathouses using the waterway.
(2) The State Marine Board, by rule, shall establish additional
criteria for determining when a boat, floating home or boathouse on the
waters of this state or upon public or private property is subject to
being taken into immediate custody under this section. [1999 c.692 §5;
2003 c.693 §7] If a
removing authority proposes to take custody of a boat, floating home or
boathouse under ORS 830.912, the removing authority shall provide notice
and shall provide an explanation of procedures available for obtaining a
hearing under ORS 830.924 and for filing a claim under ORS 98.245. The
notice required under this section shall comply with all of the following:
(1) Notice shall be given by affixing a notice to the boat,
floating home or boathouse with the required information. The notice
shall be affixed to the boat, floating home or boathouse before the boat,
floating home or boathouse is taken into custody.
(2) The notice shall state all of the following:
(a) That the boat, floating home or boathouse will be subject to
being taken into custody and removed by the removing authority if the
boat, floating home or boathouse is not removed before the time set by
the removing authority. Unless the boat presents a hazard, the removing
authority shall allow a sufficient time before taking the boat into
custody to allow a hearing under ORS 830.924.
(b) The statute, ordinance or rule under which the removing
authority proposes to take custody of the boat, floating home or
boathouse.
(c) The place where the boat, floating home or boathouse will be
held in custody or the telephone number and address of the removing
authority.
(d) That the boat, floating home or boathouse, if taken into
custody and removed by the removing authority, will be subject to
salvage, towing and storage charges and disposition under ORS 98.245.
(e) That the boat, floating home or boathouse will be sold to
satisfy the costs of salvage, towing and storage if the charges are not
paid.
(f) That the owner, possessor or person having an interest in the
boat, floating home or boathouse has five days, not including holidays,
Saturdays or Sundays, to request a hearing before the boat, floating home
or boathouse is taken into custody.
(g) That the owner, possessor or person having an interest in the
boat, floating home or boathouse may also challenge the reasonableness of
any salvage, towing and storage charges at the hearing.
(h) The time within which a hearing must be requested and the
method for requesting a hearing. [1999 c.692 §6; 2003 c.693 §8] If a
removing authority takes custody of a boat, floating home or boathouse
under ORS 830.914, the removing authority shall comply with the
provisions of ORS 98.245 for disposition of the boat, floating home or
boathouse. [1999 c.692 §7; 2003 c.693 §9] If there is no boat,
floating home or boathouse identification number on a boat, floating home
or boathouse and there is no registration number or other markings
through which the State Marine Board could identify the owner of the
boat, floating home or boathouse, then a removing authority otherwise
required to provide notice under ORS 830.917 is not required to provide
such notice and the boat, floating home or boathouse may be removed and
disposed of as provided in ORS 98.245. [1999 c.692 §8; 2003 c.693 §10]A person provided notice
under ORS 830.917 or any other person who reasonably appears to have an
interest in the boat, floating home or boathouse may request a hearing
under this section to contest the validity of the proposed removal and
custody of a boat, floating home or boathouse under ORS 830.912 by
submitting a request for hearing to the removing authority not more than
five days after the posting of the notice. The five-day period in this
section does not include holidays, Saturdays or Sundays. A hearing under
this section shall comply with all of the following:
(1) If the removing authority proposing to remove a boat, floating
home or boathouse under ORS 830.912 receives a request for hearing before
the boat, floating home or boathouse is taken into custody and removed,
the boat, floating home or boathouse shall not be removed unless the
boat, floating home or boathouse constitutes a hazard.
(2) A request for hearing shall be in writing and shall state the
grounds upon which the person requesting the hearing believes that the
custody and removal of the boat, floating home or boathouse is not
justified.
(3) Upon receipt of a request for a hearing under this section, the
removing authority shall set a time for the hearing within 72 hours of
the receipt of the request and shall provide notice of the hearing to the
person requesting the hearing and to the owners of the boat, floating
home or boathouse and any lessors or security interest holders shown in
the records of the State Marine Board, if not the same as the person
requesting the hearing. The 72-hour period in this subsection does not
include holidays, Saturdays or Sundays.
(4) If the removing authority finds, after hearing and by
substantial evidence on the record, that the custody and removal of a
boat, floating home or boathouse was:
(a) Invalid, the removing authority shall order the immediate
release of the boat, floating home or boathouse to the owner or person
with right of possession.
(b) Valid, the removing authority shall order that the boat,
floating home or boathouse be held in custody until the costs of the
hearing and all salvage, towing and storage costs are paid by the party
claiming the boat, floating home or boathouse. If the boat, floating home
or boathouse has not yet been removed, the removing authority shall order
its removal.
(5) A person who fails to appear at a hearing under this section is
not entitled to another hearing unless the person provides reasons
satisfactory to the removing authority for the person’s failure to appear.
(6) A removing authority is required to provide only one hearing
under this section for each time the removing authority takes a boat,
floating home or boathouse into custody and removes the boat, floating
home or boathouse or proposes to do so.
(7) A hearing under this section may be used to determine the
reasonableness of any charges that may be imposed for salvage, towing and
storage of the boat, floating home or boathouse. Salvage, towing and
storage charges set by law, ordinance or rule or that comply with law,
ordinance or rule are reasonable for purposes of this subsection.
(8) A removing authority shall provide to the person requesting a
hearing under this section a written statement of the results of the
hearing.
(9) Hearings held under this section may be informal in nature, but
the presentation of evidence in a hearing shall be consistent with the
presentation of evidence required for contested cases under ORS 183.450.
(10) The hearings officer at a hearing under this section may be an
officer, official or employee of the removing authority but shall not
have participated in any determination or investigation related to taking
into custody and removing the boat, floating home or boathouse that is
the subject of the hearing.
(11) The determination of a hearings officer at a hearing under
this section is a final order and is subject to appeal to the circuit
court for the county in which the boat, floating home or boathouse is
located at the time notice is posted under ORS 830.917. [1999 c.692 §9;
2003 c.693 §11](1) The Abandoned Boat Removal and Cleanup Subaccount is
established within the Boating Safety, Law Enforcement and Facility
Account. The subaccount shall consist of moneys deposited into the
subaccount by the State Marine Board from fees collected pursuant to ORS
830.790 and 830.850. The moneys in the subaccount are continuously
appropriated to the board for the purposes specified in this section.
(2) The board may not deposit more than $150,000 per biennium into
the subaccount and may not retain more than $150,000 in the subaccount at
any time. After the board has deposited $150,000 into the subaccount
under this subsection or any time there is more than $150,000 in the
subaccount, any remaining moneys from fees collected pursuant to ORS
830.790 and 830.850 shall be deposited in the Boating Safety, Law
Enforcement and Facility Account created under ORS 830.140.
(3) If the board or a removing authority has been unsuccessful in
collecting reimbursement for removal from the water and cleanup expenses
from an owner of an abandoned boat, floating home or boathouse that
imposes an environmental threat or safety hazard to navigation, or the
owner’s insurance, the board may use the moneys in the subaccount for:
(a) Paying the expenses of the board in implementing ORS 830.907 to
830.927, limited to the expenses associated with the removal and cleanup
of an abandoned boat of less than 200 gross tons, an abandoned floating
home or an abandoned boathouse; or
(b) Paying a removing authority for no more than 75 percent of the
costs of the removal and cleanup of an abandoned boat of less than 200
gross tons, an abandoned floating home or an abandoned boathouse,
including any salvage, towing, storage or disposal costs. [2003 c.693 §2] If
a hearing is not conducted under ORS 830.924 and a boat, floating home or
boathouse taken into custody under ORS 830.917 is not reclaimed within 60
days after it is taken into custody, the removing authority with custody
of the boat, floating home or boathouse shall dispose of the boat,
floating home or boathouse in accordance with ORS 98.245. [1999 c.692
§10; 2003 c.693 §12]SUBMERSIBLE POLYSTYRENEAs used in ORS 830.955:
(1) “Encapsulated” means a protective covering or physical barrier
between the polystyrene device and the water.
(2) “Submersible polystyrene device” means any molded or expanded
type of polystyrene foam used for flotation. [1991 c.759 §2](1) No person shall install a submersible polystyrene device on a
dock, buoy or float unless the device is encapsulated by a protective
covering or is designed to prevent the polystyrene from disintegrating
into the waters of this state.
(2) A person may repair and maintain a dock or float existing on
September 29, 1991, with an expanded submersible polystyrene device in
accordance with rules adopted by the State Marine Board under ORS 830.110.
(3) The board shall publish and distribute information to the
public regarding the proper use and installation of submersible
polystyrene devices. [1991 c.759 §§3,4,5]PENALTIES(1) A person who violates ORS 830.050, 830.088,
830.090, 830.092, 830.094, 830.230, 830.415, 830.710, 830.720, 830.770,
830.780, 830.810, 830.850 or 830.855, or rules adopted to carry out the
purposes of those statutes, commits a Class D violation.
(2) A person who violates ORS 830.220, 830.240, 830.245, 830.250,
830.375, 830.475 (4), 830.480, 830.785, 830.805 or 830.825, or rules
adopted to carry out the purposes of those statutes, commits a Class C
violation.
(3) A person who violates ORS 830.110, 830.175, 830.180, 830.185,
830.195, 830.210, 830.215, 830.225, 830.235, 830.260, 830.300, 830.315
(2) and (3), 830.335, 830.340, 830.345, 830.350, 830.355, 830.360,
830.362, 830.365, 830.370, 830.410, 830.420, 830.495, 830.775, 830.795 or
830.830, or rules adopted to carry out the purposes of those statutes,
commits a Class B violation.
(4) A person who violates ORS 830.305 or 830.390, or rules adopted
to carry out the purposes of those statutes, commits a Class A violation.
(5) A person who violates ORS 830.383 or 830.909 commits a Class B
misdemeanor.
(6) A person who violates ORS 830.035 (2), 830.053, 830.315 (1),
830.325, 830.475 (1), 830.730 or 830.955 (1) commits a Class A
misdemeanor.
(7) A person who violates ORS 830.475 (2) commits a Class C felony.
[Formerly 488.991; 1991 c.759 §7; 1997 c.74 §2; 1997 c.568 §5; 1997 c.737
§6; 1999 c.550 §4; 1999 c.692 §12; 1999 c.716 §13a; 1999 c.1051 §95; 2003
c.157 §1; 2005 c.299 §3]Any person who knowingly
buys, receives, disposes of, sells, offers for sale or possesses any boat
or component from which the hull identification number assigned to the
boat or component identification number has been removed, defaced,
covered, altered or destroyed for the purpose of concealing or
misrepresenting the identity of the boat or component commits a Class A
misdemeanor. [Formerly 488.993; 1999 c.391 §6] (1) When
a person is convicted of a violation of any provision of ORS 830.325, the
court shall comply with the following in addition to any other penalty
imposed upon the person under ORS 830.990:
(a) Order the person not to operate a boat for a period of one year;
(b) Order the person to complete a boating safety course approved
by the State Marine Board; and
(c) Include in the record of conviction a finding whether the
person willfully refused the request of a peace officer to submit to
chemical testing of the breath or a field sobriety test pursuant to ORS
830.505 and 830.550. For purposes of this subsection, a person shall be
found to have willfully refused the request if the person was informed
about rights and consequences concerning the test under ORS 830.505 and
830.545 and refused to submit to the test.
(2) The record of conviction of each person convicted of violating
ORS 830.325 shall be sent by the court to the board within 14 days of the
entry of the judgment of conviction in the court register.
(3) A person who knowingly operates a boat in violation of a court
order under subsection (1)(a) of this section commits a Class A
misdemeanor. [1991 c.931 §14; 1997 c.568 §6] (1) Failure to
comply with ORS 830.435, 830.440 or 830.460 (1) is a Class B misdemeanor.
(2) Failure to comply with ORS 830.450 is a Class A violation.
(3) Failure to comply with ORS 830.460 (2) is a Class A misdemeanor.
(4) Failure to comply with ORS 830.460 (3) is a Class A
misdemeanor. [1989 c.885 §7; 1999 c.1051 §96]
_______________CHAPTERS 831 TO 834[Reserved for expansion]
