Title 61, Small Watercraft

The State Marine Board may require by rule that all boats or any class of boats shall carry or install additional equipment which in the opinion of the board is necessary for the safety of persons and property. The rules shall be made in accordance with ORS chapter 183 and, to th…

The exhaust of every internal combustion engine used on any motorboat shall be effectively muffled by equipment so constructed and used as to muffle or suppress the noise of the exhaust in a reasonable manner. The use of cutouts or open exhaust stacks is prohibited, except: (1) O…

(1) Before hearing any charge for violation of ORS 830.260, a court shall notify the State Marine Board of the name of any person cited for violation of ORS 830.260 and the number of any boat used in the alleged violation. (2) Upon receipt of a notification under subsection (1) o…

No person shall operate a boat in violation of any provision of this chapter. [Formerly 488.023]

(1) Except as provided in subsection (2) of this section, after leaving the waters of this state with a boat, a person shall remove or open all drain plugs, bailers, valves or other devices used to control the draining of water from ballast tanks, bilges, livewells and motorwells…

A person commits the crime of unsafe operation of a boat if the person operates a boat in a manner that endangers or would be likely to endanger any person or property. [Formerly 488.099]

(1) A person commits the crime of reckless boating if the person recklessly operates a boat in a manner that endangers the safety of persons or property. As used in this subsection, “recklessly” has the meaning given that term in ORS 161.085. (2) A person may not operate any boat…

(1) A person under the influence of an intoxicating liquor, cannabis, psilocybin, an inhalant or a controlled substance may not operate, propel or be in actual physical control of any boat on any waters of this state. (2) An owner of a boat or person in charge or in control of a …

(1) The owner of a boat shall be liable for the negligent operation of the boat in the same manner and to the same extent as the owner of a motor vehicle is liable under the rule of law which holds one person liable for the act of another who operates a motor vehicle for a family…

The operator of a boat shall keep a proper lookout at all times while underway. [Formerly 488.101]

(1)(a) Except as provided by paragraph (b) of this subsection, when two boats are approaching each other “head on” or nearly so (so as to involve risk of collision), each boat shall bear to the right and pass the other boat on its left side. (b) On rivers, or those sections of ri…

(1) No person shall so anchor a boat for fishing or other purposes on any body of water over which the state has jurisdiction in such a position as to obstruct a passageway ordinarily used by other boats. (2) No person shall operate a boat within a water area which is clearly mar…

(1) No person shall operate a racing motorboat, for the purpose of trying or testing the boat or equipment on the boat, in any areas or during the time when one of the following conditions exist: (a) Where boats are anchored. (b) Where people are swimming. (c) Near populated beac…

No boat shall be loaded with passengers or cargo beyond its safe carrying capacity, taking into consideration weather and other normal operating conditions. [Formerly 488.130]

(1) No person operating a motorboat shall allow any person to ride or sit on the deck over the bow of the boat while under way unless the motorboat is provided with adequate guards or railing. (2) No person operating a motorboat shall allow any person to ride or sit on the starbo…

(1) A person may not operate a motorboat or have the motorboat engine idle while any person holds on to or occupies any portion of the motorboat that is located aft of the transom of the motorboat, including a step, ladder, platform or deck, in order to: (a) Ride on that portion …

(1) No person shall ride or manipulate any water skis, surfboard or similar device in a reckless or negligent manner so as to endanger any person or property. (2) No person shall operate a boat for the purpose of towing a person on water skis, surfboard or similar device, and no …

(1) No person shall moor a boat to any of the buoys or beacons placed in any waters of this state by the authority of the United States, an agency of the United States or by the State Marine Board nor in any manner hang on with a boat to such buoy or beacon. (2) No person shall d…

(1) At least 30 days before holding a regatta, boat race, marine parade, tournament or exhibition on the waters of this state, the person who will be in charge of the event shall apply to the State Marine Board for authorization to hold the event. (2) The board shall provide by r…

(1) When a peace officer observes a boat being operated on the waters of this state in an especially hazardous condition and determines that continuance of the voyage of the boat could place the occupants in imminent danger, the peace officer may order the operator of the boat to…

A person may not intentionally disobey a lawful order to take immediate and reasonable steps to remedy an especially hazardous condition that is issued under ORS 830.380 by another person known by the person to be a peace officer. [1997 c.568 §3] Note: See note under 830.380.

ORS 830.380 and 830.383 do not apply to commercial fishing boats. [1997 c.568 §4] Note: See note under 830.380.

(1) In addition to any other authority to regulate boats and equipment, the State Marine Board shall require that any vessel engaged in the Klamath Lake plankton fishery and any associated watercraft meet minimum equipment and safety requirements prescribed by the board. (2) In a…

An operator of a boat livery may not permit any boat the operator rents to depart from the livery premises unless the boat is equipped as provided under ORS 830.015 to 830.050, 830.175, 830.210 to 830.420 and 830.475 to 830.490. [Formerly 488.025; 2019 c.155 §3]

The operator of a boat livery shall make and preserve for at least six months a written record of: (1) The name of each person who hires a boat from the livery. (2) The identifying number of the boat. (3) The date on which the boat is hired, and the hour of departure from the liv…

(1) The State Marine Board shall provide by rule minimum equipment requirements for boats rented or chartered to the public. The rules shall be made in accordance with ORS chapter 183. (2) Designated representatives of the board may annually inspect all rental or charter boats to…

(1) A person may not act as an operator of a boat livery without a boat livery registration issued by the State Marine Board. (2) Application for a boat livery registration must be made in the form prescribed by the board and must contain the following: (a) The applicant’s name. …

As used in ORS 830.430 to 830.465 and 830.997: (1) “Charter boat” means: (a) A boat used to carry seven or more passengers for hire for angling, sightseeing or other recreational purposes; or (b) A boat that is licensed under ORS 830.447. (2) “Charter boat” does not include a “pa…

(1) Except as otherwise provided in this section, a person may not engage in the business of carrying seven or more passengers for hire for angling, sightseeing or other recreational purposes on the waters of this state without first obtaining a charter boat license from the Stat…

The State Marine Board shall adopt rules establishing: (1) Licensing requirements for operators of charter boats; and (2) Safety standards for charter boats. [2013 c.146 §3]

(1) An individual who desires to obtain a charter boat license shall submit a written application to the State Marine Board. The application shall include information regarding the charter boat and copies of documents and licenses regarding operation of the charter boat as requir…

(1) The liability protection required by ORS 830.440 shall be provided in one of the following ways: (a) By a policy or policies of bodily injury liability insurance described as protection and indemnity insurance in the Standard American Institute Hull Form, issued by an insurer…

(1) The State Marine Board, by rule, shall provide for optional charter boat licensing if the boat is used to carry fewer than seven passengers for hire for angling, sightseeing or other recreational purposes. (2) Upon request of a person, the board may issue a charter boat licen…

The State Marine Board shall establish by rule the equipment that a charter boat must carry to operate in this state. The board shall consider requiring a charter boat to carry the following types of equipment: (1) If the charter boat operates on navigable waters of the United St…

(1) A person may not make any false statement of material fact in submitting an application for a charter boat license under ORS 830.440. (2) A person may not operate a charter boat to engage in activities for which a charter boat license is required: (a) If the State Marine Boar…

(1) For the purpose of ensuring the safe and legal operation of charter boats in this state, the State Marine Board: (a) Shall require the disclosure of a boating, wildlife, hunting, angling, commercial fishing or public safety related violation by an operator, owner or deckhand …

(1) A person commits the offense of failure to perform the duties of an operator if the person is the operator of any boat involved in an accident that results in property damage and the operator fails to take reasonable steps to notify the owner or person in charge of the proper…

(1) The operator of any boat involved in an accident resulting in injury or death to any person or damage to property in excess of the dollar amount established by rule of the State Marine Board shall make a report of the accident to the board in such form and manner as the board…

(1) The State Marine Board shall prepare and make available to the public forms for accident reports required in ORS 830.480. The report shall call for sufficiently detailed information to disclose the cause of an accident, conditions then existing, and the persons and vehicles i…

(1) All accident reports made to the State Marine Board shall be without prejudice to the individual reporting and shall be for the confidential use of administrative and enforcement agencies only. (2) The board upon written request, shall, if available, disclose the following in…

(1) When, as a result of an occurrence that involves a boat or its equipment, a person dies or disappears from a boat, the operator shall, without delay, by the quickest means available, notify the nearest sheriff department, state police post, Coast Guard station or other law en…

(1) Any person who operates a boat on any waters of this state shall be deemed to have given consent to submit to chemical tests of the person’s breath for the purpose of determining the alcoholic content of the person’s blood if the person is arrested for operating a boat while …

(1) At the trial of any civil or criminal action, suit or proceeding arising out of the acts committed by a person operating a boat while under the influence of any intoxicants, if the amount of alcohol in the person’s blood at the time alleged is less than 0.08 percent by weight…

If a person refuses or fails to physically submit to chemical tests of the breath or urine as required by ORS 830.505, evidence of the person’s refusal or failure to physically submit is admissible in any criminal or civil action or proceeding arising out of acts alleged to have …

Nothing in ORS 830.505 is intended to preclude the administration of chemical tests described in this section. A peace officer may obtain a chemical test of the blood to determine the amount of alcohol in any person’s blood or a test of the person’s blood or a test of the person’…

In addition to chemical tests of the breath, blood or urine administered under ORS 830.505 and 830.520, upon the request of a peace officer, a person shall be permitted upon request, at the person’s own expense, reasonable opportunity to have any licensed physician, licensed prof…

(1) A chemical analysis is valid under ORS 830.505, 830.520 or 830.525 if: (a) It is an analysis of a person’s blood for alcohol content and is performed in: (A) A laboratory certified or accredited under 42 C.F.R. part 493 and approved for toxicology testing; (B) A laboratory ce…

This section establishes the requirements for information about rights and consequences for purposes of ORS 830.505. The following apply to the information about rights and consequences: (1) The information about rights and consequences shall be substantially in the form prepared…

(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 reaso…

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 o…