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837.005 Exemptions of certain aircraft from requirements of registration. 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; military aircraft of the United States of America, and 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; such classes of aircraft as may be designated by rules and regulations of the Oregon Department of Aviation.

(2) Aircraft owned by a nonresident of this state until such aircraft has been within Oregon for a period of 60 days and, during such period, has not engaged in repeated air transportation of persons, or property or for providing services for compensation within the state. [Formerly 493.010]

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.

(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]

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 of the Department of State Police only for the following purposes or as otherwise provided by law:

(1) Such amount as may be necessary shall be used for the payment of all expenses incurred by the Office of Emergency Management in conducting activities authorized under ORS 401.555 to search for lost planes and lost persons, the rescue of lost persons, pilot survival education and training and all other expenses directly attributable to the search and rescue program and for the payment of expenses of the Oregon Department of Aviation relating to the registration of pilot licenses. The Oregon Department of Administrative Services, after approval of claims for the expenses referred to in this subsection, shall draw warrants on the State Treasurer for the payment thereof, payable out of the Aviation Search and Rescue Account.

(2) The Office of Emergency Management may use money from the Aviation Search and Rescue Account to provide insurance to compensate any member of a volunteer air search and rescue organization for injuries or loss of life sustained in the scope of performing air search and rescue operations while under the direction of the Office of Emergency Management. The insurance may be obtained from a public or private insurer. The scope, coverage and benefits provided under the insurance shall not exceed those provided for persons under ORS chapter 656. If the insurance is provided, the coverage provided by the insurance:

(a) Shall include all volunteer members accepted by the Office of Emergency Management.

(b) Regardless of negligence, is the exclusive remedy of a member of the Office of Emergency Management air search and rescue organization against the State of Oregon, the Office of Emergency Management or any other person acting under the authority or direction of the Office of Emergency Management for those injuries or losses resulting from the air search and rescue activities. [Formerly 493.070; 1993 c.741 §94; 1997 c.263 §3; 1999 c.935 §38]

837.040 Application for registration of aircraft. Except as exempted by ORS 837.005 and except for aircraft subject to assessment and taxation under ORS 308.558, every resident owner of any civil aircraft, physically capable of operation or flight as determined by the Director of the Oregon Department of Aviation, when such aircraft is located in this state or before it is operated or flown over the lands or waters of this state, even though the aircraft has an appropriate effective certificate, permit or license issued by the United States, if such certificate, permit or license is required by the United States, shall cause to be filed with the Oregon Department of Aviation, an application for registration of the aircraft, duly signed by the owner, on a blank or blanks to be supplied by the department for such purpose, containing:

(1) The name, residence and business address of the owner of the aircraft.

(2) The name of the county in which the owner resides.

(3) A brief description of the aircraft sufficiently explicit for identification thereof. [Formerly 493.080; 1993 c.741 §95]

837.045 Fee schedule; time of registration; penalty for late registration. (1) The annual registration fee to be paid by owners under ORS 837.040 shall be paid to the Oregon Department of Aviation for each aircraft for which application for registration is made, and shall be 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 or gyrocopter 37

Ultralight aircraft 25

Ex-military multiengine or turbojet/

ex-air carrier 187

______________________________________________________________________________

(2) Any aircraft subject to registration the previous year is subject to registration on the anniversary of the date referred to in ORS 837.060, unless otherwise exempt. Failure to register the aircraft prior to the registration anniversary requires the payment of both the registration fee and a penalty as provided in subsection (3) of this section before registration is complete.

(3) An aircraft which becomes subject to registration under ORS 837.040 in the current year shall be registered within 60 days of the date the aircraft becomes subject to registration; provided, that aircraft engaging in commercial operations must be registered as provided in ORS 837.040 prior to any repeated flight in such commercial operations. Failure to register said aircraft within 60 days requires the payment of both the registration fee and a penalty before registration is complete. However, if the registration is postmarked within 65 days of the date the aircraft becomes subject to registration, no penalty shall be assessed. If the registration is postmarked within 90 days of the date the aircraft becomes subject to registration, a penalty equal to 50 percent of the registration fee shall be assessed. If the registration is postmarked more than 90 days after the date the aircraft becomes subject to registration, a penalty equal to the registration fee shall be assessed.

(4) Any registration fees and penalties due in the previous year but not paid shall remain due and payable in the subsequent year, and may be collected by the department prior to registration of such aircraft in the current year. [Formerly 493.090; 1991 c.186 §2; 1997 c.585 §8]

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.

(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. (1) All registrations under ORS 837.040, in effect on or prior to October 4, 1997, shall expire on the anniversary of the date of manufacture of each year and shall be renewed annually in the same manner as an original application for registration and upon the payment of the fee required by ORS 837.045. All renewals shall be made during the month of the anniversary of the date of manufacture of each year.

(2) All registrations under ORS 837.040 initially issued after October 4, 1997, shall expire on the anniversary of the date the aircraft became subject to registration and shall be renewed annually in the same manner as an original application for registration and upon the payment of the fee required by ORS 837.045.

(3) Notwithstanding ORS 837.045, with regard to renewal of aircraft registration:

(a) If the renewal application is postmarked within five days of the date the registration expired, no penalty shall be assessed.

(b) If the renewal application is postmarked within 30 days of the date the registration expired, a penalty equal to 50 percent of the registration fee shall be assessed.

(c) If the renewal application is postmarked more than 30 days after the date the registration expired, a penalty equal to the registration fee shall be assessed. [Formerly 493.110; 1991 c.186 §3; 1997 c.585 §9]

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) Sale, the seller shall notify the Director of the Oregon Department of Aviation of the sale with the name and address of the purchaser, registration number assigned to the aircraft and a brief description of the aircraft as required for an original registration.

(2) Upon the receipt of the application and the payment of a fee of $15, the director shall transfer the license and registration number to the purchaser, and shall record the transfer. No sale or transfer of any aircraft registered under ORS 837.040 shall be valid without compliance with the provisions of this section. If an aircraft is not registered at the time of purchase, even though the aircraft may have been purchased within the state, new or used, the purchaser shall register it in accordance with ORS 837.040 and 837.045. [Formerly 493.130; 1993 c.741 §97; 1997 c.585 §6]

837.075 Aircraft dealer’s license; fee. (1) Any dealer in new or used aircraft, or both, shall apply to the Oregon Department of Aviation for a dealer’s license. Upon such application, the department shall issue an aircraft dealer’s license to the applicant for an annual fee of $250. The dealer’s license shall be in lieu of all other licenses or registration required by ORS 837.040 upon the dealer’s aircraft within this state, so long as they are kept for resale and are not used in commercial operations within this state.

(2) This section does not prohibit the registering of a dealer’s aircraft under ORS 837.040.

(3) Upon the sale by a dealer of an aircraft which is not registered under ORS 837.040, the dealer shall advise the purchaser of the registration requirements under ORS 837.040 to 837.070 and furnish the purchaser with the proper application forms. [Formerly 493.140; 1997 c.585 §7]

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:

(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 and ORS chapters 835 and 836, except those provisions governing official regulatory actions of governmental bodies, or any rule adopted thereunder.

(2) The offense described in ORS 837.080, prohibited aircraft operation, is a Class B misdemeanor.

(3) A person commits the offense of failure to register if the person fails to register an aircraft as required by ORS 837.040. [Formerly 493.991; 1999 c.1051 §115]