Chapter 830 — Chapter 830

ORS 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. If the person refuses to consent to field sobriety tests, the person shall be asked to provide only physical cooperation to submit to nontestimonial field sobriety tests and the person shall be informed of the consequences of failing to physically submit to those tests under subsection (2) of this section

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ORS 830.555 Additional penalties for failing to submit to testing for intoxicants. In addition to any other penalty, the State Marine Board shall suspend a person’s boating safety education card issued under ORS 830.086 for three years from the date of conviction if the record of conviction under ORS 830.325 shows that the person willfully refused the request of a peace officer to physically submit to chemical testing of the breath or urine or a nontestimonial field sobriety test under ORS 830.505 and 830.550. [2019 c.431 §5]

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ORS 830.560 Launching boat with aquatic invasive species prohibited; rules. (1) As used in this section

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ORS 830.565 Permit required. A person may not operate a sailboat that is at least 12 feet in length or a motorboat on the waters of this state without first obtaining an aquatic invasive species prevention permit from the State Marine Board under ORS 830.570. [2009 c.764 §7; 2019 c.507 §12]

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ORS 830.570 Board to issue permit; fees. (1) The State Marine Board shall issue an aquatic invasive species prevention permit to, or renew the permit of, a person who pays the fee for the permit described in ORS 830.575

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ORS 830.575 Annual fee for permit. (1) Notwithstanding ORS 830.790 (3), the annual fee for issuance and renewal of an aquatic invasive species prevention permit for a sailboat that is at least 12 feet in length and not registered in Oregon or a motorboat that is not registered in Oregon is $30

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ORS 830.580 Rules. The State Marine Board shall adopt rules for the implementation and administration of ORS 830.565 to 830.575, including but not limited to the exemption of certain boats from the requirements of ORS 830.565 and the method for displaying an aquatic invasive species prevention permit. [2009 c.764 §10; 2019 c.154 §6]

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ORS 830.585 Aquatic Invasive Species Prevention Fund; uses of fund. (1) The Aquatic Invasive Species Prevention Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Aquatic Invasive Species Prevention Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the State Marine Board

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ORS 830.587 Definitions. As used in ORS 830.589, 830.590, 830.591, 830.594, 830.998 and 830.999

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ORS 830.589 Watercraft check stations; rules; penalty. (1) The State Department of Fish and Wildlife, the State Marine Board or the State Department of Agriculture may require a person transporting a recreational or commercial watercraft to stop at a check station to inspect the watercraft for the presence of aquatic invasive species. The purpose of the administrative search authorized under this section is to prevent and limit the spread of aquatic invasive species within Oregon

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ORS 830.590 Watercraft check stations; operation by local public bodies and tribal governments. (1) As used in this section

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ORS 830.591 Request to proceed to nearest station; penalty. (1) When a peace officer stops a person transporting a recreational or commercial watercraft for failing to stop at an aquatic invasive species check station as required under ORS 830.589 or 830.590, the peace officer may request that the person immediately drive to the nearest aquatic invasive species check station and have the watercraft inspected and, if needed, decontaminated, provided that

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ORS 830.594 Report of prevention efforts. (1) The State Department of Fish and Wildlife, after consultation with the State Marine Board, the State Department of Agriculture and the Department of State Police, shall report biennially to the Legislative Assembly on efforts to prevent aquatic invasive species from entering this state and may include in the report suggested legislation necessary to more effectively prevent aquatic invasive species from entering this state

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ORS 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, 830.425, 830.430 to 830.465, 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; 2019 c.155 §5]

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ORS 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 Oregon

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ORS 830.615 Waterway Access Fund. (1) The Waterway Access Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Waterway Access Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the State Marine Board to carry out the provisions of ORS 830.615 to 830.630

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ORS 830.618 Grants for nonmotorized boat waterway access; rules. (1) As used in this section, “public body” has the meaning given that term in ORS 174.109

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ORS 830.621 Grants for boating safety education, boating equipment and waterway access to underserved communities; rules. (1) As used in this section

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ORS 830.624 Permit requirements for person 14 years of age or older; exceptions; rules. (1) Except as provided in subsections (3) and (4) of this section, a person 14 years of age or older shall carry a waterway access permit while operating a nonmotorized boat or a sailboat that is less than 12 feet in length, in the manner provided by the State Marine Board by rule. The person shall present proof of a permit upon request by a peace officer

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ORS 830.627 Fees for issuance of permit. (1) Notwithstanding ORS 830.790 (3), fees for issuance of a waterway access permit are as follows

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ORS 830.630 Issuance of permits; agents. (1) The State Marine Board shall issue a waterway access permit to a person who pays the fee for the permit described in ORS 830.627

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ORS 830.640 Towed watersports program. (1) There is created within the State Marine Board a towed watersports program

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ORS 830.643 Towed watersports endorsement and certificate; issuance; fees; rules. (1) A person may obtain a towed watersports endorsement if

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ORS 830.646 Fees; rules. (1) The State Marine Board, by rule, shall establish and collect issuance and renewal fees for towed watersports endorsements

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ORS 830.649 Newberg Pool Congested Zone. (1) As used in this section

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ORS 830.652 Additional penalties for violations occurring within Newberg Pool Congested Zone. (1) As used in this section, “Newberg Pool Congested Zone” means the portion of the Willamette River beginning at Willamette Falls, river mile 26.6 and ending at the mouth of the Yamhill River, river mile 55

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ORS 830.655 Suspension. (1) Upon conviction for an offense listed in ORS 830.652, a court shall issue a notice of suspension to the State Marine Board

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ORS 830.700 Definitions for ORS 830.060 to 830.140 and 830.700 to 830.870. As used in 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, unless the context requires otherwise

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ORS 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

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ORS 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

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ORS 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]

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ORS 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

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ORS 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]

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ORS 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]

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ORS 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

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ORS 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

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ORS 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

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ORS 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 holder’s intention to apply for a certificate of title

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ORS 830.770 Certificate of number required on boat; exceptions. (1) A person may not operate a boat on the waters of this state, and an owner of a boat may not knowingly allow another person to operate the owner’s boat on the waters of this state, unless

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ORS 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

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ORS 830.780 Identifying number on forward half of boat. (1) No person shall operate a boat on the waters of this state unless

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ORS 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]

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ORS 830.790 Certificate or registration fees. (1) The biennial fee for the original or renewal certificate of number or registration is

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ORS 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

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ORS 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

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ORS 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]

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ORS 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

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ORS 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

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ORS 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]

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ORS 830.825 Hull identification number required. (1) No person shall operate a boat on the waters of this state or be in possession of a boat for which the State Marine Board has issued a certificate of boat title unless such boat has a hull identification number that complies with the requirements of this section. Hull identification numbers must be carved, burned, stamped, embossed, clearly imprinted or otherwise permanently affixed to the outboard side of the transom, 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. No person, firm, association or corporation shall destroy, remove, alter, cover or deface any number awarded to a vessel by the State Marine Board or the manufacturer’s hull identification numbers

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