2007 Oregon Code - Chapter 837 :: Chapter 837 - Aircraft Operation
Chapter 837 —
Aircraft Operation
2007 EDITION
AIRCRAFT OPERATION
AVIATION
837.005Â Â Â Â Exemptions
of certain aircraft from requirements of registration; rules
837.010Â Â Â Â Federal
pilot certificate required
837.015Â Â Â Â Registration
of aircraft
837.020Â Â Â Â Registration
of pilots; renewal
837.025Â Â Â Â Requirements
for pilot registration; fees; certificates
837.030Â Â Â Â Exhibition
of certificate on demand
837.035Â Â Â Â Disposition
of moneys received for registration of pilot licenses; Aviation Search and
Rescue Account
837.040Â Â Â Â Persons
required to register aircraft; application; timing; late fees; rules
837.045Â Â Â Â Fee
schedule
837.050Â Â Â Â Transfer
of aircraft registration moneys to State Aviation Account
837.055Â Â Â Â Assignment
of number; delivery of certificate of registration; duplicate certificates;
applications as public records
837.060Â Â Â Â Expiration
and renewal of registrations; late fees
837.065Â Â Â Â Effect
of paying aircraft or pilot registration fee with worthless check
837.070Â Â Â Â Notice
of sale of aircraft; transfer of registration; fee
837.075Â Â Â Â Aircraft
dealerÂ’s license; fee
837.080Â Â Â Â Prohibited
operation of aircraft
837.085Â Â Â Â Dropping
articles without permit prohibited; exceptions
837.090Â Â Â Â Landings
on public highways and grounds prohibited
837.095Â Â Â Â Flying
over military and naval establishments; photographs from airplanes
837.100Â Â Â Â Violation
procedure; disposition of fines
837.990Â Â Â Â Penalties
     837.005
Exemptions of certain aircraft from requirements of registration; rules. ORS 837.015 and 837.040 to 837.070 do not
apply to:
     (1) Aircraft owned by any person, firm or
corporation and certificated by the appropriate federal agency for domestic or
foreign scheduled air commerce;
     (2) Military aircraft of the
     (3) Aircraft licensed by a foreign country
with which the United States has reciprocal relations exempting aircraft
registered by the United States, or any political subdivision thereof, from
registration within such foreign country; or
     (4) Classes of aircraft designated as
exempt by rules adopted by the State Aviation Board. [Formerly 493.010; 2005
c.22 §520; 2005 c.75 §1]
     837.010
Federal pilot certificate required. No person shall fly aircraft in this state unless holding a pilot
certificate of competency issued by the appropriate federal agency. [Formerly
493.020]
     837.015
Registration of aircraft.
Unless exempted by ORS 837.005, no person shall fail to register any aircraft
when required by ORS 837.040 to 837.070. [Formerly 493.030]
     837.020
Registration of pilots; renewal. (1) In the interest of public safety and the safety of those people
traveling by air or receiving aviation instruction, every pilot operating
within this state shall register with the Oregon Department of Aviation within
60 days of issuance of any appropriate effective federal certificate, permit,
rating or license relating to competency as a pilot except that student pilots
shall register prior to their first solo flight. A nonresident pilot of a
scheduled or nonscheduled airline, certificated by the appropriate federal
agency, is not required to register under the provisions of this section unless
the nonresident pilot engages in the piloting of aircraft other than such
certificated operation. Nonresidents operating within this state, other than in
a commercial operation, shall register with the department within 60 days of
the date of arrival within the state. Pilots operating commercially shall
register prior to any commercial operation.
     (2) Every registered pilot shall renew the
first registration on the anniversary of the first registration date. After the
first renewal, each pilot shall renew registration on the anniversary of the
first registration date in the first year of each two-year period in which the
pilot is active as a pilot.
     (3) Every registered pilot shall notify
the department in writing within 30 days of a change of address or name. The
notification shall contain the old and new residence address or name and the
pilot registration number. [Formerly 493.040; 1991 c.186 §1; 2007 c.768 §57]
     837.025
Requirements for pilot registration; fees; certificates. (1) Possession of the appropriate effective
federal certificate, permit, rating or license relating to competency of the
pilot and payment of a fee of $8 for initial registration and $16 for each
renewal of registration shall be the requisite for registration of the pilot
under ORS 837.020. A filing of a written statement containing the information
reasonably required by the Oregon Department of Aviation is sufficient to
effect a registration. No originals or copies of federal certificates, permits,
ratings or licenses shall be required of the applicant. Duplicate certificates
of pilot registration may be obtained upon proof of loss or destruction of the
original by application therefor to the department and the payment of $5 for each
additional certificate.
     (2) The department may issue certificates
of registration and may prescribe requirements for possession and exhibition of
such certificates.
     (3) Information submitted in any
application for registration is a public record and is open to public
inspection during normal office hours. [Formerly 493.050; 1991 c.206 §1; 1997
c.585 §3]
     837.030
Exhibition of certificate on demand. Every pilot operating within this state shall present a federal
certificate of competency and state certificate of registration on demand. The
certificate of registration shall be kept in the personal possession of the
licensee when operating aircraft within this state and must be presented for
inspection upon demand of any passenger, peace officer, official manager in
charge of any airport, other aircraft operator or federal or state agent. [Formerly
493.060]
     837.035
Disposition of moneys received for registration of pilot licenses; Aviation Search
and Rescue Account. All
moneys received by the Oregon Department of Aviation for the registration of
pilot licenses as prescribed in ORS 837.020 shall be paid by the department to
the State Treasurer, who shall deposit it in the General Fund to a special
account to be known as the Aviation Search and Rescue Account. The money in the
account established under this section shall be used by the Office of Emergency
Management only for the following purposes or as otherwise provided by law:
     (1) Such amount as may be necessary shall
be used for the payment of all expenses incurred by the Office of Emergency
Management in conducting activities authorized under ORS 401.555 to search for
lost planes and lost persons, the rescue of lost persons, pilot survival
education and training and all other expenses directly attributable to the
search and rescue program and for the payment of expenses of the Oregon
Department of Aviation relating to the registration of pilot licenses. The
Oregon Department of Administrative Services, after approval of claims for the
expenses referred to in this subsection, shall draw warrants on the State
Treasurer for the payment thereof, payable out of the Aviation Search and
Rescue Account.
     (2) The Office of Emergency Management may
use moneys from the Aviation Search and Rescue Account to provide insurance to
compensate any member of a volunteer air search and rescue organization for
injuries or loss of life sustained in the scope of performing air search and
rescue operations while under the direction of the office. The insurance may be
obtained from a public or private insurer. The scope, coverage and benefits
provided under the insurance shall not exceed those provided for persons under
ORS chapter 656. If the insurance is provided, the coverage provided by the
insurance:
     (a) Shall include all volunteer members
accepted by the Office of Emergency Management.
     (b) Regardless of negligence, is the
exclusive remedy of a member of the Office of Emergency Management air search
and rescue organization against the State of Oregon, the office or any other person
acting under the authority or direction of the office for those injuries or
losses resulting from the air search and rescue activities. [Formerly 493.070;
1993 c.741 §94; 1997 c.263 §3; 1999 c.935 §38; 2007 c.740 §41]
     837.040
Persons required to register aircraft; application; timing; late fees; rules. (1) Except as provided in subsection (2) of
this section, the following are required to register civil aircraft with the
Oregon Department of Aviation:
     (a) The owner of a civil aircraft that is
capable of flight and that is based in this state.
     (b) The owner of a civil aircraft that is
used for commercial operations in this state.
     (2) An owner need not register a civil
aircraft that is:
     (a) Exempted by the provisions of ORS
837.005; or
     (b) Subject to assessment and taxation
under ORS 308.558.
     (3) An owner who is otherwise required to
comply with subsection (1) of this section is not exempt from compliance
because the aircraft has an appropriate, effective permit or license issued by
the
     (4) An owner applying for registration of
an aircraft under this section shall file an application form supplied by the
department. The State Aviation Board may adopt rules specifying the information
that may be required on the application form.
     (5)(a) The owner of a civil aircraft that
is based in
     (b) The department may impose a late fee
on a person who fails to register an aircraft within the time required by this
subsection. The board may determine by rule the amount of late fees that may be
imposed under this paragraph. The board may adopt a graduated schedule of late
fees, but the maximum amount of a late fee may not be more than the amount of
the registration fee.
     (6) An application for registration must
be accompanied by the registration fee specified in ORS 837.045 and, if a late
fee is imposed under subsection (5) of this section, by the late fee.
     (7) Registration under this section is not
complete until the owner receives a notice of registration from the department.
[Formerly 493.080; 1993 c.741 §95; 2005 c.75 §2]
     837.045
Fee schedule. (1) The
registration fee to be paid under ORS 837.040, and the fee to be paid upon
renewal of registration under ORS 837.060, is as follows:
______________________________________________________________________________
AIRCRAFT CLASSIFICATION
AND FEE SCHEDULE
Single engine fixed wing                               $     50
Multiengine fixed wing, piston                              75
Multiengine fixed wing, turboprop                      100
Turbojet fixed wing                                             162
Helicopter piston engine                                        50
Helicopter turbine engine                                     100
Lighter than air, home built,
sailplane, experimental or gyrocopter                    37
Ultralight aircraft                                                   25
Ex-military multiengine or turbojet/
ex-air carrier                                                         187
______________________________________________________________________________
     (2) Any registration fees and penalties
due in a previous year but not paid remain due and payable and may be collected
by the Oregon Department of Aviation prior to renewal of registration of the
aircraft in the current year. [Formerly 493.090; 1991 c.186 §2; 1997 c.585 §8;
2005 c.75 §3]
     837.050
Transfer of aircraft registration moneys to State Aviation Account. Notwithstanding ORS 293.445, the Oregon
Department of Aviation may transfer to the State Aviation Account any and all
moneys paid for aircraft registration under ORS 837.040 and 837.045 if the
registration is not completed due to the failure of the aircraft owner to pay
the appropriate registration fee or penalty due. This section applies to all
moneys paid, but not yet refunded and to future payments. [Formerly 493.095]
     837.055
Assignment of number; delivery of certificate of registration; duplicate
certificates; applications as public records. (1) Upon receipt of an application for registration of any aircraft
and payment of the required license fee, the Director of the Oregon Department
of Aviation shall assign to the application and the aircraft to be registered a
distinctive number and register the facts stated in the application and the
number in an index to be kept for that purpose.
     (2) A certificate of registration, bearing
the same number assigned to the application, and in a form and design to be
determined by the Oregon Department of Aviation, shall be delivered to the
owner of the aircraft without further expense to such applicant.
     (3) The following apply to the use and
display of certificates of registration and other signs denoting registration
for aircraft:
     (a) The certificate of registration shall
be carried in the aircraft at all times.
     (b) No sign to denote registration of
aircraft by the State of
     (4) Duplicate certificates of registration
may be obtained, upon proof of loss or destruction of the original, by
application therefor to the department and the payment of $15 for each
additional certificate. The facts stated in any application for registration
shall be a public record and open to inspection by the public during reasonable
office hours.
     (5) Registration of an aircraft does not
require, nor does it constitute, evidence of legal ownership of the aircraft. [Formerly
493.100; 1993 c.161 §1; 1993 c.741 §96; 1997 c.585 §4]
     837.060
Expiration and renewal of registrations; late fees. (1) All registrations under ORS 837.040 expire
annually on the anniversary of the date the aircraft is originally registered
with the Oregon Department of Aviation.
     (2) The owner of an aircraft subject to
renewal of registration shall renew the registration on or before the date of
expiration by filing a form provided by the department and paying the fee for
renewal of registration established in ORS 837.045. The department may impose a
late fee on a person who fails to renew registration within the time required
in the same manner and in the same amounts as late fees imposed under ORS
837.040. [Formerly 493.110; 1991 c.186 §3; 1997 c.585 §9; 2005 c.75 §4]
     837.065
Effect of paying aircraft or pilot registration fee with worthless check. Whenever any bank check issued in payment of
any aircraft or pilot registration fee is returned to the Director of the
Oregon Department of Aviation as uncollectible, the director shall charge to
the person presenting such check to the director an additional fee of $25, plus
all protest fees to cover the costs of collection. If the fee and the charges
for collecting the check, as provided in this section, and the proceeds of the
check then are not paid, the director shall suspend the registration in payment
of which the check was presented, and may delegate authority to any Oregon
Department of Aviation employee or police officer to seize and recover the
registration certificate and such other evidence of registration as has been
issued. [Formerly 493.120; 1997 c.585 §5]
     837.070
Notice of sale of aircraft; transfer of registration; fee. (1) Upon the purchase of any aircraft
registered in accordance with ORS 837.040, title to the certificate of
registration assigned thereto shall vest in the purchaser. Within 10 days after
the date of:
     (a) Purchase, the purchaser shall file
with the Oregon Department of Aviation an application to transfer the
registration, stating the name and business address of the purchaser, the name
of the seller, the registration number assigned to the aircraft, and a brief
description of the aircraft as required for an original registration.
     (b)
     (2) Upon the receipt of the application
and the payment of a fee of $15, the director shall transfer the license and
registration number to the purchaser, and shall record the transfer. No sale or
transfer of any aircraft registered under ORS 837.040 shall be valid without
compliance with the provisions of this section. If an aircraft is not
registered at the time of purchase, even though the aircraft may have been
purchased within the state, new or used, the purchaser shall register it in
accordance with ORS 837.040 and 837.045. [Formerly 493.130; 1993 c.741 §97;
1997 c.585 §6]
     837.075
Aircraft dealerÂ’s license; fee.
(1) Any dealer in new or used aircraft, or both, shall apply to the Oregon Department
of Aviation for a dealerÂ’s license. Upon such application, the department shall
issue an aircraft dealerÂ’s license to the applicant for an annual fee of $250.
The dealerÂ’s license shall be in lieu of all other licenses or registration
required by ORS 837.040 upon the dealerÂ’s aircraft within this state, so long
as they are kept for resale and are not used in commercial operations within
this state.
     (2) This section does not prohibit the
registering of a dealerÂ’s aircraft under ORS 837.040.
     (3) Upon the sale by a dealer of an
aircraft which is not registered under ORS 837.040, the dealer shall advise the
purchaser of the registration requirements under ORS 837.040 to 837.070 and
furnish the purchaser with the proper application forms. [Formerly 493.140;
1997 c.585 §7]
     837.080
Prohibited operation of aircraft. (1) A person commits the offense of prohibited operation of an
aircraft if the person operates an aircraft in the air, or on the ground or
water:
     (a) While the person is under the
influence of intoxicating liquor, drugs or controlled substances.
     (b) In a careless or reckless manner so as
to endanger the life or property of another.
     (2) The offense described in this section,
prohibited operation of an aircraft, is punishable as provided under ORS
837.990. [Formerly 493.160]
     837.085
Dropping articles without permit prohibited; exceptions. (1) Unless a permit is granted by the
Director of the Oregon Department of Aviation or except in an emergency, no
person shall throw or drop any missile or other article or substance from any
aircraft in flight, except over ground temporarily or permanently devoted to
flying, or over open water.
     (2) This section does not prohibit, or
require a permit for, the use of an airplane for crop dusting or any other
agricultural purposes or for seeding any agricultural or horticultural crop or
for dusting or spraying in furtherance of insect and pest control. Any such use
of an airplane shall be made with due regard for the safety of others. [Formerly
493.170]
     837.090
Landings on public highways and grounds prohibited. Except in an emergency, no person shall land
aircraft on highways or public parks or other public grounds without permission
from the authorities in charge thereof. [Formerly 493.180]
     837.095
Flying over military and naval establishments; photographs from airplanes. No person shall fly over a government fort
or tract of land set aside for military or naval purpose, nor shall any person
make any photograph or map of such fort or land from any aircraft without
written permission having been obtained from the person in command of the fort
or land. [Formerly 493.190]
     837.100
Violation procedure; disposition of fines. (1) In addition to any other persons permitted to enforce violations,
the Director of the Oregon Department of Aviation and any employee specifically
designated by the director may issue citations for violations established under
ORS 837.990 in the manner provided by ORS chapter 153.
     (2) All fines and court costs recovered
from violations established under ORS 837.990 shall be paid to the clerk of the
court involved. The clerk, after deductions of court costs provided by law for
the proceeding, shall pay the remainder of the money to the State Treasurer to
be deposited in the Criminal Fine and Assessment Account in the General Fund. [Formerly
493.225; 1991 c.460 §11; 1999 c.1051 §114]
     837.105 [Formerly 493.230; repealed by 1999 c.440 §1]
     837.990
Penalties. (1) Except as
otherwise provided in this section and subject to ORS 153.022, a person commits
a Class A violation if the person violates any provision of this chapter or any
rule adopted, or order issued, under this chapter.
     (2) The offense described in ORS 837.080,
prohibited operation of an aircraft, is a Class B misdemeanor. [Formerly
493.991; 1999 c.1051 §115; 2005 c.75 §5; 2007 c.71 §248]
_______________
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