2007 Oregon Code - Chapter 830 :: TITLE 61
TITLE 61
SMALL
WATERCRAFT
Chapter 830. Small Watercraft
_______________
Chapter 830
Small Watercraft
2007 EDITION
SMALL WATERCRAFT
SMALL WATERCRAFT
GENERAL PROVISIONS
830.005 Definitions
830.015 Application
of ORS 830.005, 830.015 to 830.050, 830.175, 830.210 to 830.420 and 830.475 to
830.490; exemptions
830.025 Other
boating laws not affected
830.035 Peace
officers to enforce chapter; fleeing; attempts to elude
830.037 Notification
of stolen boat; notice in electronic file system; issuance of new title or
certificate of number
830.040 Contrary
local laws prohibited
830.050 Reporting
lost boat
830.053 False
or fraudulent report of theft of boat
830.055 Adopt-a-River
Program; implementation; rules
830.060 Consistency
with federal law
830.080 Boating
Offense Compact
MANDATORY BOATING SAFETY EDUCATION
830.082 Mandatory
boating safety education program
830.084 Requirements
for mandatory boating safety education program; certificate; fee
830.086 Boating
safety certificate; requirements; fee
830.088 Operation
of motorboat by person 12 to 15 years of age
830.090 Operation
of motorboat by person 16 years of age or older
830.092 Exemption
from requirement to obtain boating safety certificate
830.094 Boating
safety certificate required to operate motorboat
830.096 Conditional
suspension of fine for violation of boating safety requirements
STATE MARINE BOARD
830.100 Boating
safety policy
830.105 State
Marine Board
830.110 Powers
and duties of board; rules
830.115 Boating
survey
830.120 Term;
vacancies
830.125 Compensation
and expenses
830.130 Officers;
quorum; meetings
830.135 State
Marine Director
830.137 Disposition
of funds received through Clean Vessel Act; priority
830.140 Boating
Safety, Law Enforcement and Facility Account; sources; disposition; enforcement
by cities and counties
830.145 Disposition
of fines
830.150 Disbursement
of funds for boating facilities; priorities; water quality protection; hearing
830.155 Revolving
fund; limit
830.160 Board
authority to remove obstructions from water
830.165 Boating
safety educational program; youthful boat operator program
830.170 Agreements
with other jurisdictions
830.172 County
boat use permit program review
REGULATIONS FOR SPECIFIC AREAS
830.175 Regulations
for specific areas; rules
830.180 Use
of motors prohibited on certain lakes; exceptions
830.185 Speed
restrictions in certain areas
830.190 Temporary
suspension of speed restrictions
830.195 Board
to protect traditional boating uses and prevent user conflicts
830.200 County
boat use permits
EQUIPMENT REQUIREMENTS
830.210 Operating
improperly equipped boat prohibited
830.215 Personal
flotation devices; rules
830.220 Fire
extinguishers; rules
830.225 Lights;
rules
830.230 Sound
signaling devices; rules
830.235 Carburetors
830.240 Ventilation
systems; rules
830.245 Safety
devices on boat operated in tidewater; rules
830.250 Additional
equipment; rules
830.260 Muffling
devices
830.270 Notice
to board on noise violation charge; board to supply information to court;
suspension of certificate
BOATING OPERATIONS
830.300 Operating
boat in violation of chapter prohibited
830.305 Unsafe
operation
830.315 Reckless
operation; speed
830.325 Operating
boat while under influence of intoxicating liquor or controlled substance
830.330 Liability
of owner for negligent operation of boat
830.335 Operator
to maintain lookout
830.340 Navigation
rules
830.345 Traffic
lanes; swim areas
830.350 Testing
racing motorboat
830.355 Overloading
830.360 Riding
on bow, gunwale or transom
830.362 Operating
motorboat with person holding on to or occupying parts aft of transom
830.365 Waterskiing,
surfboarding and similar activities
830.370 Mooring
to buoys and beacons; defacing or destroying navigational markers
830.375 Authorization
required to hold marine event; rules
830.380 Peace
officer authority to require operator to remedy especially hazardous condition
830.383 Person
required to remedy especially hazardous condition
830.385 Commercial
fishing boats exempt from regulation of especially hazardous condition
830.390 Minimum
equipment and safety requirements for vessels engaged in
RENTAL, CHARTER OR LIVERY GENERALLY
830.410 Operator
of boat livery to provide properly equipped boats
830.415 Records
of operator of boat livery
830.420 Minimum
equipment requirements for rental or charter boats; rules; inspection;
cancellation or revocation of certificate for failure to comply
OCEAN CHARTER VESSEL REGULATION
830.430 Definitions
for ORS 830.430 to 830.460 and 830.997
830.435 Ocean
charter vessel license; reciprocity with
830.440 License
application; contents; fee; bond or financial security; transfer of license; rules
830.445 Liability
insurance form; notice to board upon termination of coverage; license
suspension for failure to maintain insurance
830.450 Equipment
requirements
830.460 Prohibited
activities
ACCIDENTS
830.475 Duties
of operators and witnesses at accidents
830.480 Accident
report required; rules
830.485 Form
of report; sending death certificate to State Marine Board
830.490 Confidential
nature of report
830.495 Report
of accident resulting in death or disappearance; duties of passengers
BOATING UNDER INFLUENCE OF INTOXICANTS
830.505 Implied
consent to chemical tests for intoxicants; refusal to submit; consequences
830.510 Chemical
evidence of use of intoxicants
830.515 Evidence
of refusal to submit to test in legal proceeding
830.520 Circumstances
under which chemical tests may be administered
830.525 Chemical
tests obtained by subject
830.535 Criteria
for chemical analyses
830.545 Information
about rights and consequences
830.550 Implied
consent to field sobriety tests for intoxicants; refusal to submit;
consequences
SEAPLANES
830.600 Applicability
of boating laws to seaplanes
830.605 State
Marine Board and Oregon Department of Aviation to distribute information on
regulation of seaplanes
NUMBERING, TITLES AND LICENSES
(Generally)
830.700 Definitions
for ORS 830.060 to 830.145 and 830.700 to 830.870
830.705 Applicability
of numbering, title and license requirements
830.710 Report
of transfer, abandonment or destruction of boat, boathouse or floating home or
change of address of owner
830.715 Record
of certificates and numbers; fees for furnishing information
830.720 Cancellation
of title upon scrapping of boat, boathouse or floating home
830.725 Distribution
of lists of owners
830.730 False
information prohibited
(Titles; Security Interest)
830.740 Perfection
of security interest in boats, boathouses and floating homes covered by
certificate of title; applicability of Uniform Commercial Code
830.745 Notation
on title of creation, satisfaction or assignment of security interest; fee
830.750 Transfer
of title subject to security interest; dealer transferees; fee
830.755 Transfer
by operation of law of title subject to security interest; fee
(Boats)
830.770 Certificate
of number required on boat; exceptions
830.775 Operation
of certain boats without certificates of registration
830.780 Identifying
number on forward half of boat
830.785 Application
for boat number
830.790 Certificate
or registration fees
830.795 Issuance
of certificate of number and validation stickers; stickers placed on boats
830.800 Expiration
of certificate of number; renewal of certificate and stickers
830.805 Application
by owner having number awarded by federal government or another state
830.810 Certificate
of title; exceptions; rules; application fees; penalty fee
830.815 Refusal
to issue or suspension or cancellation of certificate
830.820 Duplicate
certificates or validation stickers
830.825
830.830 Dealer
or boat manufacturer number; fee
(Floating Homes; Boathouses)
830.850 Identifying
number plate required on floating homes and boathouses; certificate of title
required; fee
830.855 Application
for floating home or boathouse identifying plate; fee; issuance of certificate
of title
830.860 Validity
of certificate of title; new certificates; fee
830.865 Rules
830.870 Duplicate
certificate; fee
DISPOSITION OF BOATS AND EQUIPMENT FROM WHICH IDENTIFICATION NUMBER
REMOVED
830.875 Definitions
for ORS 830.880 to 830.895
830.880 Seizure
of boats and equipment from which identification number has been removed;
inspection of property; check for stolen boats; renumbering
830.885 Return
of seized property; investigation to determine ownership; notice to owner
830.890 Public
notice to persons having interest in seized property; court action; sale of
property at public auction; disposition of proceeds
830.895 Renumbering;
inspection requirement
ABANDONED BOATS, FLOATING HOMES, BOATHOUSES
830.907 Definitions
for ORS 830.907 to 830.927
830.909 Offense
of abandoning boat, floating home or boathouse; liability for costs of removal,
cleanup and disposal
830.912 Removing
authority power to remove and take into custody abandoned boat, floating home
or boathouse
830.914 Removing
authority custody of boat, floating home or boathouse that constitutes hazard;
rules
830.917 Notice
of intent to take custody; content of notice
830.919 Disposition
of boat, floating home or boathouse
830.922 Exception
to notice requirement
830.924 Request
for hearing on proposal to remove boat, floating home or boathouse; hearing;
final order; appeal
830.926 Abandoned
Boat Removal and Cleanup Subaccount; sources; limits; uses
830.927 Disposal
of unclaimed boat, floating home or boathouse
SUBMERSIBLE POLYSTYRENE
830.950 Definitions
830.955 Prohibition
of installation of submersible polystyrene device
PENALTIES
830.990 Penalties
830.992 Penalty
for purchase of boat or equipment from which hull or component identification
number removed
830.994 Additional
penalties for violation of ORS 830.325
830.997 Penalty
for ocean charter vessel violations
GENERAL PROVISIONS
830.005
Definitions. 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
(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]
830.010 [Formerly 488.005; 1991 c.67 §230; repealed
by 1999 c.1051 §97]
830.015
Application of ORS 830.005, 830.015 to 830.050, 830.175, 830.210 to 830.420 and
830.475 to 830.490; exemptions.
(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
(c) A ships 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]
830.025
Other boating laws not affected. (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]
830.035
Peace officers to enforce chapter; fleeing; attempts to elude. (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]
830.037
Notification of stolen boat; notice in electronic file system; issuance of new
title or certificate of number.
(1) Any law enforcement agency within the State of
(2) Any law enforcement agency within the
State of
(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 boards 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.
830.040
Contrary local laws prohibited.
No political subdivision of this state may enact or enforce any law contrary to
the provisions of this chapter. [Formerly 488.028]
830.050
Reporting lost boat. 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]
830.053
False or fraudulent report of theft of boat. 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
830.055
Adopt-a-River Program; implementation; rules. (1) The State Marine Board shall administer a program designed to
remove litter from and to beautify the states 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
(2) Private landowners with rivers running
through or adjacent to their property are vital to the success of the
(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
(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
(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
(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]
830.060
Consistency with federal law.
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]
830.080
Boating Offense Compact. 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
830.082
Mandatory boating safety education program. 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.
830.084
Requirements for mandatory boating safety education program; certificate; fee. 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.
830.086
Boating safety certificate; requirements; fee. 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.
830.088
Operation of motorboat by person 12 to 15 years of age. 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.
830.090
Operation of motorboat by person 16 years of age or older. 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.
830.092
Exemption from requirement to obtain boating safety certificate. 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 operators license;
(4) Is not a resident of this state and
does not operate a boat with an engine greater than 10 horsepower in
(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 persons 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.
830.094
Boating safety certificate required to operate motorboat. 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.
830.096
Conditional suspension of fine for violation of boating safety requirements. 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 defendants 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
830.100
Boating safety policy. 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]
830.105
State Marine Board. (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
(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]
830.110
Powers and duties of board; rules. 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
(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. The board may not exempt from numbering any class of
boats unless:
(a) The board determines that the
numbering will not materially aid in their identification; and
(b) 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. In addition to the
prescribed fees, the agents may charge the following for their services in
issuing the temporary permit:
(a) $2.50 per transaction for calendar
years 2008, 2009 and 2010;
(b) $3.75 per transaction for calendar
years 2011, 2012 and 2013; and
(c) Beginning in 2014, and every three
years thereafter, the board shall issue an order revising the fee specified in
paragraph (b) of this subsection on January 1, based on changes in the
Portland-Salem, OR-WA, Consumer Price Index for All Urban Consumers for All
Items, as published by the Bureau of Labor Statistics of the United States
Department of Labor. The board shall round the amount of the fee to the nearest
half-dollar. The revised fee takes effect on January 1 and applies for the
following three years.
(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; 2007 c.147 §1]
830.115
Boating survey. 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]
830.120
Term; vacancies. 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 members term expires, the Governor shall
appoint a successor to assume duties on July 1 at the expiration of the
predecessors term. A vacancy in office shall be filled by appointment for the
unexpired term. [Formerly 488.840]
830.125
Compensation and expenses.
Members of the State Marine Board are entitled to compensation and expenses as
provided in ORS 292.495. [Formerly 488.845]
830.130
Officers; quorum; meetings.
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]
830.135
State Marine Director. (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]
830.137
Disposition of funds received through Clean Vessel Act; priority. 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]
830.140
Boating Safety, Law Enforcement and Facility Account; sources; disposition;
enforcement by cities and counties. (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]
830.145
Disposition of fines. (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]
830.150
Disbursement of funds for boating facilities; priorities; water quality
protection; hearing. (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 boards 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]
830.155
Revolving fund; limit. 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.
830.160
Board authority to remove obstructions from water. 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]
830.165
Boating safety educational program; youthful boat operator program. (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]
830.170
Agreements with other jurisdictions. 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]
830.172
County boat use permit program review. (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
830.175
Regulations for specific areas; rules. (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]
830.180
Use of motors prohibited on certain lakes; exceptions. 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 Rivers
Clackamas
North and
South Twin, Taylor,
Three Creek
and
Douglas Opal and
Lakes, and
on that portion of
the
Pelton Dam
and the Wasco
County line
Lane
Linn
Wasco Frog Lake, and on that portion
of the
bordering the Warm Springs
Indian
Reservation
______________________________________________________________________________
[Formerly 488.610]
830.185
Speed restrictions in certain areas. (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,
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
Linn Smith
and Trailbridge Reservoirs
Wasco
______________________________________________________________________________
(3)(a) The State Marine Board shall
establish an appropriate decibel rating and speed restriction on
(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
830.190
Temporary suspension of speed restrictions. 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]
830.195
Board to protect traditional boating uses and prevent user conflicts. 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]
830.200
County boat use permits. (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
EQUIPMENT
REQUIREMENTS
830.210
Operating improperly equipped boat prohibited. 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]
830.215
Personal flotation devices; rules. (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]
830.220
Fire extinguishers; rules.
(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]
830.225
Lights; rules. 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]
830.230
Sound signaling devices; rules.
(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.
830.235
Carburetors. 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]
830.240
Ventilation systems; rules.
(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]
830.245
Safety devices on boat operated in tidewater; rules. 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]
830.250
Additional equipment; rules.
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]
830.260
Muffling devices. 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]
830.270
Notice to board on noise violation charge; board to supply information to
court; suspension of certificate. (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
830.300
Operating boat in violation of chapter prohibited. No person shall operate a boat in violation
of any provision of this chapter. [Formerly 488.023]
830.305
Unsafe operation. 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]
830.315
Reckless operation; speed.
(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]
830.325
Operating boat while under influence of intoxicating liquor or controlled
substance. (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]
830.330
Liability of owner for negligent operation of boat. (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]
830.335
Operator to maintain lookout.
The operator of a boat shall keep a proper lookout at all times while underway.
[Formerly 488.101]
830.340
Navigation rules. (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]
830.345
Traffic lanes; swim areas.
(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]
830.350
Testing racing motorboat.
(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]
830.355
Overloading. 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]
830.360
Riding on bow, gunwale or transom. (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]
830.362
Operating motorboat with person holding on to or occupying parts aft of
transom. (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]
830.365
Waterskiing, surfboarding and similar activities. (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]
830.370
Mooring to buoys and beacons; defacing or destroying navigational markers. (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]
830.375
Authorization required to hold marine event; rules. (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 boards 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]
830.380
Peace officer authority to require operator to remedy especially hazardous
condition. (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.
830.383
Person required to remedy especially hazardous condition. 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.
830.385
Commercial fishing boats exempt from regulation of especially hazardous
condition. ORS 830.380 and
830.383 do not apply to commercial fishing boats. [1997 c.568 §4]
Note: See note under 830.380.
830.390
Minimum equipment and safety requirements for vessels engaged in
(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
830.410
Operator of boat livery to provide properly equipped boats. 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]
830.415
Records of operator of boat livery. 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]
830.420
Minimum equipment requirements for rental or charter boats; rules; inspection;
cancellation or revocation of certificate for failure to comply. (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
830.430
Definitions for ORS 830.430 to 830.460 and 830.997. As used in ORS 830.430 to 830.460 and
830.997:
(1) Ocean means those waters of the
(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]
830.435
Ocean charter vessel license; reciprocity with
(2) The 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
(b) The person operates the vessel within
the jurisdiction of this state in the Pacific Ocean north of
(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, or 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 §§2,4;
2007 c.148 §2]
830.440
License application; contents; fee; bond or financial security; transfer of
license; rules. (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 licensees 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 licensees 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.
(5) For the purposes of reciprocity under
ORS 704.025 and 830.435, the board may adopt rules to waive the annual fees
required under subsection (2)(a) and (b) of this section for a person who
possesses a current Oregon outfitter and guide registration under ORS chapter
704 and operates in the waters of the Columbia River downstream from the Lewis
and Clark Bridge. The board may specify conditions for the waiver of fees under
this subsection. [1989 c.885 §4; 1995 c.759 §3; 2007 c.148 §3]
830.445
Liability insurance form; notice to board upon termination of coverage; license
suspension for failure to maintain insurance. (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 persons 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]
830.450
Equipment requirements. 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 operators 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]
830.460
Prohibited activities. (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
830.475
Duties of operators and witnesses at 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 operators 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]
830.480
Accident report required; rules. (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]
830.485
Form of report; sending death certificate to State Marine Board. (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]
830.490
Confidential nature of report.
(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 partys death, to any member of the partys
family, or to the partys 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
830.495
Report of accident resulting in death or disappearance; duties of passengers. (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
830.505
Implied consent to chemical tests for intoxicants; refusal to submit;
consequences. (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 persons breath for the purpose of
determining the alcoholic content of the persons 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 persons
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]
830.510
Chemical evidence of use of intoxicants. (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 persons blood at
the time alleged is less than 0.08 percent by weight of alcohol and shown by
chemical analysis of the persons 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 persons 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]
830.515
Evidence of refusal to submit to test in legal proceeding. 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 persons 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]
830.520
Circumstances under which chemical tests may be administered. 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 persons blood or a test of the persons blood or a test of
the persons 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 persons 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 persons 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]
830.525
Chemical tests obtained by subject. 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 persons own expense,
reasonable opportunity to have any licensed physician, licensed professional
nurse or qualified technician, chemist or other qualified person of the persons
own choosing administer a chemical test or tests of the persons breath or
blood for the purpose of determining the alcoholic content of the persons
blood or a chemical test or tests of the persons 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]
830.535
Criteria for chemical analyses.
(1) A chemical analysis is valid under ORS 830.505, 830.520 or 830.525 if:
(a) It is an analysis of a persons 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 persons 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 persons breath.
(B) Prepare manuals and conduct courses
throughout the state for the training of peace officers in chemical analyses of
a persons 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 persons 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 persons
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 units
equipment is used to conduct the test. [1991 c.931 §11; 2003 c.19 §2]
830.545
Information about rights and consequences. 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
(b) The person fails the test if the test
shows the person is under the influence of intoxicants under
(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
(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 persons own expense by a
qualified individual of the persons 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]
830.550
Implied consent to field sobriety tests for intoxicants; refusal to submit;
consequences. (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 persons 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
830.600
Applicability of boating laws to 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]
830.605
State Marine Board and Oregon Department of Aviation to distribute information
on regulation of seaplanes.
(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
(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)
830.700
Definitions for ORS 830.060 to 830.145 and 830.700 to 830.870. 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]
830.705
Applicability of numbering, title and license requirements. (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
(d) A ships 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]
830.710
Report of transfer, abandonment or destruction of boat, boathouse or floating
home or change of address of owner. (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]
830.715
Record of certificates and numbers; fees for furnishing information. 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]
830.720
Cancellation of title upon scrapping of boat, boathouse or floating home. (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]
830.725
Distribution of lists of owners. 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]
830.730
False information prohibited.
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)
830.740
Perfection of security interest in boats, boathouses and floating homes covered
by certificate of title; applicability of Uniform Commercial Code. (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]
830.745
Notation on title of creation, satisfaction or assignment of security interest;
fee. (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]
830.750
Transfer of title subject to security interest; dealer transferees; fee. (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]
830.755
Transfer by operation of law of title subject to security interest; fee. (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 holders 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)
830.770
Certificate of number required on boat; exceptions. (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 owners boat on the waters of this state unless:
(a) The owner of the boat holds a valid,
effective certificate of number issued in the owners 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 boats identifying number and the period of
time for which the boat is rented or leased. [Formerly 488.720; 2003 c.14 §502]
830.775
Operation of certain boats without certificates of registration. (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]
830.780
Identifying number on forward half of boat. (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]
830.785
Application for boat number.
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]
830.790
Certificate or registration fees. (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]
830.795
Issuance of certificate of number and validation stickers; stickers placed on
boats. (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]
830.800
Expiration of certificate of number; renewal of certificate and stickers. (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]
830.805
Application by owner having number awarded by federal government or another state. 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]
830.810
Certificate of title; exceptions; rules; application fees; penalty fee. (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]
830.815
Refusal to issue or suspension or cancellation of certificate. (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 owners 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 persons 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 persons 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]
830.820
Duplicate certificates or validation stickers. 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]
830.825
(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 vessels 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
persons 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]
830.830
Dealer or boat manufacturer number; fee. (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)
830.850
Identifying number plate required on floating homes and boathouses; certificate
of title required; fee. (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]
830.855
Application for floating home or boathouse identifying plate; fee; issuance of
certificate of title. (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]
830.860
Validity of certificate of title; new certificates; fee. (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]
830.865
Rules. 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]
830.870
Duplicate certificate; fee.
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
830.875
Definitions for ORS 830.880 to 830.895. 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]
830.880
Seizure of boats and equipment from which identification number has been
removed; inspection of property; check for stolen boats; renumbering. (1) When a peace officer discovers a boat or
component from which a number awarded by the State Marine Board or the
manufacturers 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
830.885
Return of seized property; investigation to determine ownership; notice to
owner. (1) When the property
seized under ORS 830.880 is not listed as stolen by the
(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]
830.890
Public notice to persons having interest in seized property; court action; sale
of property at public auction; disposition of proceeds. (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]
830.895
Renumbering; inspection requirement. (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]
830.905 [Formerly 488.650; repealed by 1999 c.692 §13]
ABANDONED BOATS,
FLOATING HOMES, BOATHOUSES
830.907
Definitions for ORS 830.907 to 830.927. 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]
830.909
Offense of abandoning boat, floating home or boathouse; liability for costs of
removal, cleanup and disposal.
(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]
830.910 [Formerly 488.655; repealed by 1999 c.692 §13]
830.912
Removing authority power to remove and take into custody abandoned boat, floating
home or boathouse. (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]
830.914
Removing authority custody of boat, floating home or boathouse that constitutes
hazard; rules. (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]
830.915 [Formerly 488.660; repealed by 1999 c.692 §13]
830.917
Notice of intent to take custody; content of notice. 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]
830.919
Disposition of boat, floating home or boathouse. 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]
830.920 [Formerly 488.665; repealed by 1999 c.692 §13]
830.922
Exception to notice requirement. 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]
830.924
Request for hearing on proposal to remove boat, floating home or boathouse; hearing;
final order; appeal. 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 persons
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]
830.925 [Formerly 488.670; repealed by 1999 c.692 §13]
830.926
Abandoned Boat Removal and Cleanup Subaccount; sources; limits; uses. (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 owners 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]
830.927
Disposal of unclaimed boat, floating home or boathouse. 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]
830.930 [Formerly 488.675; repealed by 1999 c.692 §13]
830.935 [Formerly 488.680; repealed by 1999 c.692 §13]
SUBMERSIBLE
POLYSTYRENE
830.950
Definitions. As 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]
830.955
Prohibition of installation of submersible polystyrene device. (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
830.990
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]
830.992
Penalty for purchase of boat or equipment from which hull or component identification
number removed. 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]
830.994
Additional penalties for violation of ORS 830.325. (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]
830.995 [Formerly 488.995; repealed by 1999 c.1051 §97]
830.997
Penalty for ocean charter vessel violations. (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]
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