Chapter 830 — Chapter 830

ORS 830.005 Definitions for chapter. As used in this chapter, unless the context requires otherwise

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ORS 830.010 [Formerly 488.005; 1991 c.67 §230; repealed by 1999 c.1051 §97]

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ORS 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

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ORS 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 830.140, 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

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ORS 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

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ORS 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 Oregon that receives a report of a previously unreported stolen boat shall notify the State Marine Board within 72 hours after receiving the report. The report shall include all information concerning the theft and the boat involved

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ORS 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]

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ORS 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]

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ORS 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 Oregon. [1999 c.550 §3]

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ORS 830.055 Oregon Adopt-a-River Program; implementation; rules. (1) As used in this section, “invasive species” has the meaning given that term in ORS 570.755

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ORS 830.060 Consistency with federal law. If any provision of ORS 830.060 to 830.140, 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 830.140, 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 830.140, 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]

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ORS 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

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ORS 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]

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ORS 830.084 Requirements for mandatory boating safety education program; education card; rules; fee. In establishing the mandatory boating safety education program pursuant to ORS 830.082, the State Marine Board shall

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ORS 830.086 Boating safety education card; requirements; fee. A person may obtain a boating safety education card if the person

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ORS 830.088 Operation of motorboat by person 12 to 15 years of age. A person 12 to 15 years of age who has obtained a boating safety education card may operate a motorboat with an engine of 10 horsepower or less. In addition, a person 12 to 15 years of age who has obtained a boating safety education card 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 has obtained a boating safety education card. [1999 c.716 §5; 2019 c.156 §4; 2019 c.431 §10]

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ORS 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

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ORS 830.092 Exemption from requirement to obtain boating safety education card. A boating safety education card is not required if a person

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ORS 830.094 Boating safety education card required to operate motorboat. A person operating a motorboat shall carry the person’s boating safety education card on the boat and shall present the card to a peace officer upon request by the peace officer. [1999 c.716 §8; 2003 c.14 §500; 2019 c.156 §6]

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ORS 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 defendant’s own expense, a boating safety course approved by the State Marine Board under ORS 830.084 within the time limits imposed by the court. [1999 c.716 §14; 2001 c.104 §313]

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ORS 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]

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ORS 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

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ORS 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

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ORS 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]

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ORS 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 member’s term expires, the Governor shall appoint a successor to assume duties on July 1 at the expiration of the predecessor’s term. A vacancy in office shall be filled by appointment for the unexpired term. [Formerly 488.840]

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ORS 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]

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ORS 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]

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ORS 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

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ORS 830.137 Disposition of funds received through Clean Vessel Act and through Boating Infrastructure Grant Program; priority. (1) 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 777g, P.L. 102-587, and through the Boating Infrastructure Grant Program, as established by the Sportfishing and Boating Safety Act of 1998, 16 U.S.C. 777g-1, P.L. 105-178, 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

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ORS 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 830.948, 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

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ORS 830.145 [Formerly 488.865; 1987 c.905 §24; 1999 c.1051 §298; repealed by 2011 c.597 §118]

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ORS 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 a federal agency, 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

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ORS 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]

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ORS 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]

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ORS 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

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ORS 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]

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ORS 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

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ORS 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

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ORS 830.180 Use of motors prohibited on certain lakes; exceptions; rules. (1) Except as provided in subsections (2) and (3) of this section, a person may not use a motor for propelling a boat or for any purpose on the following named waters of this state

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ORS 830.185 Speed restrictions in certain areas. (1) A person may not 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

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ORS 830.187 Restrictions for Waldo Lake. (1) Except as provided in subsections (2) and (3) of this section, a person may not use a motor to propel a boat on Waldo Lake or use a seaplane to land on or take off from Waldo Lake

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ORS 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]

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ORS 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]

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ORS 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

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ORS 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]

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ORS 830.215 Personal flotation devices; rules. (1) All boats must carry at least one United States Coast Guard approved personal flotation device in good and serviceable condition for each person on board. Each device must be of an appropriate size for the person for whom it is intended and must 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

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ORS 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

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ORS 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]

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ORS 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

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ORS 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]

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