Chapter 837 — Chapter 837

ORS 837.005 Exemptions of certain aircraft from requirements of registration; rules. ORS 837.015 and 837.040 to 837.070 do not apply to

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ORS 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]

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ORS 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]

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ORS 837.020 [Formerly 493.040; 1991 c.186 §1; 2007 c.768 §57; 2016 c.35 §2; repealed by 2017 c.226 §1]

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ORS 837.025 [Formerly 493.050; 1991 c.206 §1; 1997 c.585 §3; 2009 c.694 §1; 2015 c.450 §1; repealed by 2017 c.226 §1]

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ORS 837.030 Exhibition of certificate on demand. Every pilot operating within this state shall present a federal certificate of competency on demand. The certificate 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; 2017 c.226 §3]

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ORS 837.035 [Formerly 493.070; 1993 c.741 §94; 1997 c.263 §3; 1999 c.935 §38; 2007 c.740 §41; repealed by 2017 c.226 §1]

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ORS 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

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ORS 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

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ORS 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]

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ORS 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

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ORS 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

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ORS 837.065 Effect of paying aircraft registration fee with worthless check. If any person pays the aircraft registration fee to the Oregon Department of Aviation with a bank check and the check is returned to the department as uncollectible, the Director of the Oregon Department of Aviation shall charge the person the fee for dishonored checks under ORS 30.701 (5). If the person does not pay the fee charged under this section, the director may do all of the following

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ORS 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

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ORS 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

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ORS 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

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ORS 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

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ORS 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]

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ORS 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]

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ORS 837.100 Issuance of citations for violations. 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. [Formerly 493.225; 1991 c.460 §11; 1999 c.1051 §114; 2011 c.597 §148]

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ORS 837.105 [Formerly 493.230; repealed by 1999 c.440 §1]

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ORS 837.300 Definitions. As used in ORS 837.300 to 837.390 and 837.995

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ORS 837.310 Restrictions; exceptions. (1) Except as otherwise provided in ORS 837.310 to 837.345, a law enforcement agency may not operate an unmanned aircraft system, acquire information through the operation of an unmanned aircraft system or disclose information acquired through the operation of an unmanned aircraft system

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ORS 837.320 Authorized use upon issuance of warrant; exigent circumstances. (1) A law enforcement agency may operate an unmanned aircraft system, acquire information through the operation of an unmanned aircraft system, or disclose information acquired through the operation of an unmanned aircraft system, if

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ORS 837.330 Written consent. A law enforcement agency may operate an unmanned aircraft system for the purpose of acquiring information about an individual, or about the individual’s property, if the individual has given written consent to the use of an unmanned aircraft system for those purposes. [2013 c.686 §4; 2015 c.315 §4]

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ORS 837.335 Search and rescue; use in emergencies. (1) A law enforcement agency may operate an unmanned aircraft system, acquire information through the operation of an unmanned aircraft system, or disclose information acquired through the operation of an unmanned aircraft system, for the purpose of search and rescue activities, as defined in ORS 404.200

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ORS 837.340 Investigations of crimes and accidents. (1) A law enforcement agency may operate an unmanned aircraft system, acquire information through the operation of an unmanned aircraft system, or disclose information acquired through the operation of an unmanned aircraft system, for the purpose of reconstruction of a specific crime scene or accident scene, or similar physical assessment, related to a specific investigation

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ORS 837.345 Training. (1) A law enforcement agency may operate an unmanned aircraft system for the purpose of training in

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ORS 837.350 Restrictions; authorized use; rules. (1) The State Parks and Recreation Commission shall adopt rules managing the use of unmanned aircraft systems by people in state parks to protect natural, cultural, scenic and recreational resources in a park property or adjacent areas while providing for enjoyment of recreational use of unmanned aircraft systems

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ORS 837.360 Restrictions; exception for educational institution; civil penalties; registration; fees; rules. (1) As used in this section, “educational institution” means an education service district, school district, public charter school, community college or public university listed in ORS 352.002

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ORS 837.362 Policies and procedures for use of data. (1) A public body that operates an unmanned aircraft system shall establish policies and procedures for the use, storage, accessing, sharing and retention of data, including but not limited to video and audio recordings, resulting from the operation of the unmanned aircraft system

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ORS 837.365 Weaponized unmanned aircraft systems; penalties. (1) Except as provided in subsection (3) of this section, a person may not intentionally, knowingly or recklessly operate or cause to be operated an unmanned aircraft system that is

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ORS 837.370 Operation over privately owned premises; penalties. (1) Except as provided in subsection (2) of this section, a person may not operate an unmanned aircraft system over the boundaries of privately owned premises in a manner so as to intentionally, knowingly or recklessly harass or annoy the owner or occupant of the privately owned premises

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ORS 837.372 Operation over critical infrastructure facility; penalty. (1) As used in this section, “critical infrastructure facility” means any of the following facilities, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if marked with a sign conspicuously posted on the property that indicates that entry is forbidden

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ORS 837.374 Reckless interference with aircraft; penalties. (1) Except as provided in subsection (5) of this section, a person commits a Class A violation if the person possesses or controls an unmanned aircraft system and recklessly causes the unmanned aircraft system to

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ORS 837.375 Interference with an unmanned aircraft system; unauthorized control. In addition to any other remedies allowed by law, a person who intentionally interferes with, or gains unauthorized control over, an unmanned aircraft system licensed by the Federal Aviation Administration, or operated by the Armed Forces of the United States as defined in ORS 352.313, an agency of the United States or a federal, state or local law enforcement agency, is liable to the owner of the unmanned aircraft system in an amount of not less than $5,000. The court shall award reasonable attorney fees to a prevailing plaintiff in an action under this section. [2013 c.686 §14; 2015 c.315 §10]

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ORS 837.380 Action by owner of real property; Attorney General. (1) Except as provided in subsections (2) and (3) of this section, a person who owns or lawfully occupies real property in this state may bring an action against any person or public body that operates an unmanned aircraft system that is flown over the property if

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ORS 837.385 Preemption of local laws regulating unmanned aircraft systems. Except as expressly authorized by state statute, the authority to regulate the ownership or operation of unmanned aircraft systems is vested solely in the Legislative Assembly. Except as expressly authorized by state statute, a local government, as defined ORS 174.116, may not enact an ordinance or resolution that regulates the ownership or operation of unmanned aircraft systems or otherwise engage in the regulation of the ownership or operation of unmanned aircraft systems. [2013 c.686 §17; 2015 c.315 §12]

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ORS 837.387 Regulation of unmanned aircraft systems in parks owned by local government. (1) Notwithstanding ORS 837.385, a local government, as defined in ORS 174.116, may enact an ordinance or resolution prohibiting or regulating the takeoff and landing of unmanned aircraft systems in parks owned by the local government

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ORS 837.390 Applicability. ORS 837.300 to 837.390 and 837.995 and section 11, chapter 686, Oregon Laws 2013, do not apply to the Armed Forces of the United States as defined in ORS 352.313. [2013 c.686 §16]

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ORS 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

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ORS 837.995 Crimes involving unmanned aircraft systems; penalties. (1) A person commits a Class A felony if the person possesses or controls an unmanned aircraft system and intentionally causes, or attempts to cause, the unmanned aircraft system to fire a bullet or other projectile at an aircraft while the aircraft is in the air

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ORS 837.998 Civil penalties. (1) Except as provided in subsection (2) of this section, in addition to any other penalty provided by law, the Director of the Oregon Department of Aviation may impose a civil penalty not to exceed $720 for each violation of any provision of this chapter or any rule adopted, or order issued, under this chapter

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