2007 Oregon Code - Chapter 835 :: TITLE 62
TITLE 62
AVIATION
Chapter 835. Aviation Administration
836. Airports and Landing Fields
837. Aircraft Operation
838. Airport Districts
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Chapter 835
Aviation Administration
2007 EDITION
AVIATION ADMINISTRATION
AVIATION
GENERAL PROVISIONS
835.005 Definitions
835.015 Development
of aviation
835.020 Contracts
835.025 Use
and administration of federal and other moneys
835.030 Employment
of personnel
835.035 General
board powers; rules;
835.040 Limitations
on rules and regulations
835.060 State
Aviation Account; appropriation; use
835.065 Audit
and payment of expenses
835.070 Accounts
OREGON DEPARTMENT OF AVIATION
835.100 Oregon
Department of Aviation; director
835.102 State
Aviation Board; members
835.104 Board
officers; quorum; meetings
835.106 Director
of Oregon Department of Aviation; appointment; duties and powers
835.108 Directors
salary; expense reimbursement
835.110 Oaths,
depositions and subpoenas
835.112 Rules
835.114 Exception
to rulemaking authority
SEAPLANE REGULATION
835.200 Rules
for operation and safety
835.205 Seaplane
regulation
835.210 Application
by political subdivision for special regulation
GENERAL PROVISIONS
835.005
Definitions. As used in this
chapter and ORS chapters 836 and 837, unless the context requires otherwise:
(1) Board means the State Aviation
Board.
(2) Department means the Oregon
Department of Aviation.
(3) Director means the Director of the
Oregon Department of Aviation. [Formerly 491.002; 1993 c.741 §90; 1999 c.935 §32]
835.009 [1993 c.741 §92b; repealed by 2001 c.378 §1]
835.010 [Formerly 491.005; repealed by 1993 c.741 §147]
835.015
Development of aviation. The
State Aviation Board with the advice of the Oregon Department of Aviation shall
incorporate as part of its program a definite plan for the development of
airports, state airways, airplane industries and aviation generally. It shall
through the department cooperate with and assist the federal government, the
municipalities of the state, and other persons in the development of aviation
activities. Municipalities are authorized to cooperate with the department in
the development of aviation and aviation facilities in this state, and shall
notify the department of, and allow the department to participate in an
advisory capacity in, all municipal airport or aviation system planning. [Formerly
491.050]
835.020
Contracts. The Director of
the Oregon Department of Aviation may enter into any contracts authorized by
the State Aviation Board and necessary to the execution of the powers granted
by this chapter. All contracts made by the director, either as the agent of the
state or as the agent of any municipality, shall be made pursuant to the laws
of the state governing the making of like contracts; however, where the
planning, acquisition, construction, improvement, maintenance or operation of
any airport, or any navigation facility is financed wholly or in part with
federal money, the director as the agent of the state or any municipality may
let contracts in the manner prescribed by the federal authorities acting under
the laws of the United States and any rules or regulations made thereunder. [Formerly
491.060]
835.025
Use and administration of federal and other moneys. The Director of the Oregon Department of
Aviation as authorized by the State Aviation Board may accept, receive, receipt
for, disburse and expend federal moneys and other moneys, public or private,
made available to accomplish in whole or in part the acquisition, construction,
improvement, maintenance and operation of airports, and other aviation
facilities in this state. All federal moneys accepted under this section and
ORS 836.070 shall be accepted and transferred or expended upon such terms and
conditions as are prescribed by the
835.030
Employment of personnel. So
far as is possible, all employees of the Oregon Department of Aviation shall be
situated in the same building. [Formerly 491.090; 1993 c.741 §90a; 1999 c.935 §33]
835.035
General board powers; rules;
(2) No such rule, regulation or order of
the board shall apply to airports or air navigation facilities owned or
operated by the
(3) All authority, power and duty
delegated to the board by the provisions of this section shall be exercised and
performed in all respects commensurate with and for the purpose of protecting
and insuring the general public interest and safety, the safety of persons
receiving instruction concerning, or operating, or using or traveling in
aircraft, and of persons or property on land or water, and to develop and
promote aviation in this state.
(4) Promulgation of rules, conduct of
hearings and issuance and judicial review of rules and orders shall be in
accordance with ORS chapter 183. [Formerly 491.100]
835.040
Limitations on rules and regulations. All rules and regulations prescribed by the State Aviation Board under
authority of the aviation laws of this state shall be kept in conformity with,
and limited to, as nearly as may be, the then current federal legislation
governing aviation, the regulations duly promulgated thereunder, and rules and
standards issued from time to time pursuant thereto. [Formerly 491.110]
835.045 [Formerly 491.120; 1995 c.79 §384; 1995
c.655 §10; 1999 c.935 §34; renumbered 835.205 in 1999]
835.050 [Formerly 491.130; repealed by 1995 c.79 §385]
835.055 [Formerly 491.140; 1993 c.741 §91; repealed
by 1999 c.935 §39]
835.060
State Aviation Account; appropriation; use. (1) All fees and other moneys received by the Oregon Department of
Aviation under ORS chapter 835, 836 or 837, except moneys received under the
provisions of ORS 835.025, 836.070 and 837.035, shall be paid into the State
Treasury monthly. The State Treasurer shall credit such payments to the State
Aviation Account in the General Fund. Moneys in the account are continuously
appropriated to the department for the purpose of carrying out the provisions
of this chapter. None of the funds in this section appropriated or hereafter
made available for aviation purposes shall be expended upon any aviation
project that is not carried out under the supervision and direction of the
State Aviation Board. Fees paid into the account pursuant to ORS 837.045 shall
be expended only for airport maintenance and capital construction and for
payment of expenses of air search and rescue.
(2) The fiscal officer of the department
shall keep a true and accurate account of all sums received and all vouchers
issued by the department under this section. [Formerly 491.150; 1991 c.186 §6;
1993 c.741 §92; 1995 c.733 §77; 1997 c.263 §4; 1999 c.935 §35; 2005 c.755 §58]
835.065
Audit and payment of expenses.
All necessary expenses of the Oregon Department of Aviation incurred in
carrying out the provisions of this chapter shall be audited by the Secretary
of State and paid from the State Aviation Account in the same manner as other
claims against the state are paid, after due approval thereof by the Director
of the Oregon Department of Aviation, or as provided by law. [Formerly 491.160]
835.070
Accounts. The Director of
the Oregon Department of Aviation shall keep a true and accurate account of all
sums received and of vouchers issued by the Oregon Department of Aviation. [Formerly
491.170]
835.075 [Formerly 491.190; 1997 c.263 §1; renumbered
401.555 in 1997]
835.080 [1995 c.655 §7; renumbered 835.200 in 1999]
835.085 [1995 c.655 §8; renumbered 835.210 in 1999]
OREGON
DEPARTMENT OF AVIATION
835.100
Oregon Department of Aviation; director. (1) The Oregon Department of Aviation is established.
(2) The department is under the
supervision and control of a director, who is responsible for the performance
of the duties, functions and powers of the department.
(3) For purposes of administration,
subject to the approval of the State Aviation Board, the director may organize
and reorganize the department as the director considers necessary to conduct
properly the work of the department. [1999 c.935 §2]
835.102
State Aviation Board; members.
(1) There is established the State Aviation Board consisting of seven members
appointed by the Governor, subject to confirmation by the Senate pursuant to
ORS 171.562 and 171.565. The Governor shall appoint members of the board in
compliance with all of the following:
(a) Members shall be appointed with
consideration of the different geographic regions of the state, with one member
being a resident of the area east of the
(b) Not more than four members shall
belong to the same political party. Party affiliation shall be determined by
the appropriate entry on official election registration cards.
(2) The board membership shall represent
diverse aviation interests from both the private and public sectors.
(3) The term of office of each member is
four years. Before the expiration of the term of a member, the Governor shall
appoint a successor whose term begins on July 1 next following. A member is
eligible for reappointment. In case of a vacancy for any cause, the Governor
shall appoint a person to fill the office for the unexpired term.
(4) A member of the board is entitled to
compensation and expenses as provided by ORS 292.495. [1999 c.935 §2a; 2001 c.4
§1]
835.104
Board officers; quorum; meetings. (1) The Governor shall appoint one member of the State Aviation Board
as chairperson and another member as vice chairperson. The chairperson and vice
chairperson shall have such terms, duties and powers as the board determines
are necessary for the performance of such offices.
(2) A majority of the members of the board
constitutes a quorum for the transaction of business.
(3) The board shall meet at least once a
quarter, at a time and place determined by the members of the board. The board
shall also meet at such other times and places as are specified by the call of
the chairperson or of a majority of the board.
(4) No vacancy shall impair the right of
the remaining board members to exercise all the powers of the board, except
that four members of the board shall constitute a quorum for the conduct of
business of the board, and, in case the board members are unable to agree, the
Governor shall have the right to vote as a member of the board.
(5) The board may provide an official
seal. [1999 c.935 §2b; 2001 c.4 §2]
835.106
Director of Oregon Department of Aviation; appointment; duties and powers. (1) The Governor shall appoint the Director
of the Oregon Department of Aviation, subject to confirmation by the Senate
pursuant to ORS 171.562 and 171.565, who holds office at the pleasure of the
Governor.
(2) Subject to policy direction by the
State Aviation Board, the director shall:
(a) Be the administrative head of the
department;
(b) Have power, within applicable
budgetary limitations, and in accordance with ORS chapter 240, to hire, assign,
reassign and coordinate personnel of the department and prescribe their duties
and fix their compensation, subject to the State Personnel Relations Law;
(c) Administer the laws of the state
concerning aviation; and
(d) Intervene, as authorized by the board,
pursuant to the rules of practice and procedure, in the proceedings of state
and federal agencies that may substantially affect the interests of the
consumers and providers of aviation services within
(3) In addition to duties otherwise
required by law, the director shall prescribe regulations for the government of
the department, the conduct of its employees, the assignment and performance of
its business and the custody, use and preservation of its records, papers and
property in a manner consistent with applicable law.
(4) The director may delegate to any of
the employees of the department the exercise or discharge in the directors
name of any duty, function or power of whatever character, vested in or imposed
by law upon the director, including duties, functions or powers delegated to
the director by the board. The official act of any person acting in the
directors name and by the authority of the director shall be considered to be
an official act of the director.
(5) The director shall have authority to
require a fidelity bond of any officer or employee of the department who has
charge of, handles or has access to any state money or property, and who is not
otherwise required by law to give a bond. The amounts of the bonds shall be
fixed by the director, except as otherwise provided by law, and the sureties
shall be approved by the director. The department shall pay the premiums on the
bonds.
(6) The director shall prepare and submit
to the board on or about December 31 of each year an annual report for the 12
months ending the prior June 30. The annual report shall set forth all that the
department has done during the year. The report shall contain a statement of
the parts of the state aviation system that were constructed, reconstructed or
improved during the period, together with a statement showing in a general way
the status of the state aviation system. [1999 c.935 §3; 2007 c.768 §62]
835.108
Directors salary; expense reimbursement. The Director of the Oregon Department of Aviation shall receive such
salary as may be provided by law or as fixed by the State Aviation Board. In
addition to salaries, the director, or any deputy directors or assistant
directors, subject to the limitations otherwise provided by law, shall be
reimbursed for all reasonable expenses necessarily incurred in the performance
of official duties. [1999 c.935 §4]
835.110
Oaths, depositions and subpoenas. The Director of the Oregon Department of Aviation and specially
authorized representatives of the director may administer oaths, take
depositions and issue subpoenas to compel the attendance of witnesses and the
production of documents or other written information necessary to carry out the
functions of the department. If any person fails to comply with a subpoena
issued under this section or refuses to testify on matters on which the person
lawfully may be interrogated, the procedure set out in ORS 183.440 shall be
followed to compel obedience. [1999 c.935 §6]
835.112
Rules. In accordance with
applicable provisions of ORS chapter 183, the Director of the Oregon Department
of Aviation may adopt rules necessary for the administration of the laws that
the department is charged with administering. [1999 c.935 §5]
835.114
Exception to rulemaking authority. Except as required under ORS 197.180, the Oregon Department of Aviation
may not adopt any rules intended primarily to implement ORS chapter 197, 215 or
227. The department shall comply with the land use planning goals and
guidelines adopted under ORS 197.225 and rules adopted under ORS 197.040. The
department may make recommendations to the Department of Land Conservation and
Development regarding land use issues. [1999 c.935 §38a]
Note: 835.114 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 835 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
SEAPLANE
REGULATION
835.200
Rules for operation and safety.
(1) The State Aviation Board, pursuant to ORS 835.035 and utilizing the
definitions contained in ORS 830.005:
(a) Shall adopt rules governing seaplane
safety and operations on state waters, as defined in ORS 830.005, that shall be
applicable to all seaplanes except when inconsistent with any applicable laws
or regulations of an agency of the
(b) May adopt rules governing seaplane
safety and operations on waters of this state, as defined in ORS 830.005, that
shall be applicable to all seaplanes except when inconsistent with any
applicable laws or regulations of an agency of the United States.
(2) The State Aviation Board shall adopt
the rules in subsection (1) of this section in consultation with the State
Marine Board and the State Parks and Recreation Department.
(3) The rules in subsection (1) of this
section shall include identification of zones and bodies of water on which
seaplanes may not land, take off or operate.
(4) As used in this section and ORS
835.210, seaplane means an aircraft equipped to land on water. [Formerly
835.080; 2005 c.22 §519]
835.205
Seaplane regulation. For
purposes of ORS 830.175, 830.180, 830.185 and 830.195, the Oregon Department of
Aviation, in cooperation with the State Marine Board, shall regulate boats that
are seaplanes as provided in ORS 830.605 and 835.200. [Formerly 835.045; 2003
c.14 §505]
835.210
Application by political subdivision for special regulation. (1) The governing body of a political
subdivision of this state may apply to the State Aviation Board for special
regulations relating to the operations of seaplanes on waters within the
territorial limits of the political subdivision. These regulations may include,
but need not be limited to, the establishment of limits on the areas of
operations, hours and time of operations, and the prohibition of seaplane
landings and takeoffs. Within a reasonable time, the board shall act upon the
application in accordance with ORS chapter 183.
(2) For purposes of regulation, no
political subdivision of this state may enact or enforce any law or other
regulation for purposes of subsection (1) of this section. [Formerly 835.085]
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