ORS Chapter 835 - Oregon Statutes

TITLE 62

AVIATION

 

Chapter     835.     AviationAdministration

                  836.     Airportsand Landing Fields

                  837.     AircraftOperation

                  838.     AirportDistricts

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Chapter 835 — AviationAdministration

 

2009 EDITION

 

 

AVIATIONADMINISTRATION

 

AVIATION

 

GENERALPROVISIONS

 

835.005     Definitions

 

835.015     Developmentof aviation

 

835.020     Contracts

 

835.025     Useand administration of federal and other moneys

 

835.030     Employmentof personnel

 

835.035     Generalboard powers; rules; United States facilities exempt from board orders

 

835.040     Limitationson rules and regulations

 

835.060     StateAviation Account; appropriation; use

 

835.065     Auditand payment of expenses

 

835.070     Accounts

 

OREGONDEPARTMENT OF AVIATION

 

835.100     OregonDepartment of Aviation; director

 

835.102     StateAviation Board; members

 

835.104     Boardofficers; quorum; meetings

 

835.106     Directorof Oregon Department of Aviation; appointment; duties and powers

 

835.108     Director’ssalary; expense reimbursement

 

835.110     Oaths,depositions and subpoenas

 

835.112     Rules

 

835.114     Exceptionto rulemaking authority

 

SEAPLANEREGULATION

 

835.200     Rulesfor operation and safety

 

835.205     Seaplaneregulation

 

835.210     Applicationby political subdivision for special regulation

 

GENERALPROVISIONS

 

      835.005Definitions.As used in this chapter and ORS chapters 836 and 837, unless the contextrequires otherwise:

      (1)“Board” means the State Aviation Board.

      (2)“Department” means the Oregon Department of Aviation.

      (3)“Director” means the Director of the Oregon Department of Aviation. [Formerly491.002; 1993 c.741 §90; 1999 c.935 §32]

 

      835.009 [1993 c.741 §92b;repealed by 2001 c.378 §1]

 

      835.010 [Formerly491.005; repealed by 1993 c.741 §147]

 

      835.015Development of aviation. The State Aviation Board with the advice of theOregon Department of Aviation shall incorporate as part of its program adefinite plan for the development of airports, state airways, airplaneindustries and aviation generally. It shall through the department cooperatewith and assist the federal government, the municipalities of the state, andother persons in the development of aviation activities. Municipalities areauthorized to cooperate with the department in the development of aviation andaviation facilities in this state, and shall notify the department of, andallow the department to participate in an advisory capacity in, all municipalairport or aviation system planning. [Formerly 491.050]

 

      835.020Contracts.The Director of the Oregon Department of Aviation may enter into any contractsauthorized by the State Aviation Board and necessary to the execution of thepowers granted by this chapter. All contracts made by the director, either asthe agent of the state or as the agent of any municipality, shall be madepursuant to the laws of the state governing the making of like contracts;however, where the planning, acquisition, construction, improvement,maintenance or operation of any airport, or any navigation facility is financedwholly or in part with federal money, the director as the agent of the state orany municipality may let contracts in the manner prescribed by the federalauthorities acting under the laws of the United States and any rules orregulations made thereunder. [Formerly 491.060]

 

      835.025Use and administration of federal and other moneys. The Director ofthe Oregon Department of Aviation as authorized by the State Aviation Board mayaccept, receive, receipt for, disburse and expend federal moneys and othermoneys, public or private, made available to accomplish in whole or in part theacquisition, construction, improvement, maintenance and operation of airports,and other aviation facilities in this state. All federal moneys accepted underthis section and ORS 836.070 shall be accepted and transferred or expended uponsuch terms and conditions as are prescribed by the United States. All moneysreceived pursuant to this section and ORS 836.070 shall be deposited in theState Treasury and, unless otherwise prescribed by the authority from whichsuch moneys were received, shall be kept in separate funds designated accordingto the purposes for which the moneys were made available, and held by the statein trust for such purposes. All such moneys are continuously appropriated tothe department for the purposes for which the same were made available, to bedisbursed or expended in accordance with the terms and conditions upon whichthey were made available. [Formerly 491.070; 2005 c.755 §57]

 

      835.030Employment of personnel. So far as is possible, all employees of the OregonDepartment of Aviation shall be situated in the same building. [Formerly491.090; 1993 c.741 §90a; 1999 c.935 §33]

 

      835.035General board powers; rules; United States facilities exempt from board orders. (1) The StateAviation Board may perform such acts, adopt or amend and issue such orders,rules and regulations, and make, promulgate and amend such minimum standards,all consistent with the provisions of this chapter, as it considers necessaryto carry out the provisions of this chapter and to perform its duties thereunder.

      (2)No such rule, regulation or order of the board shall apply to airports or airnavigation facilities owned or operated by the United States.

      (3)All authority, power and duty delegated to the board by the provisions of thissection shall be exercised and performed in all respects commensurate with andfor the purpose of protecting and insuring the general public interest andsafety, the safety of persons receiving instruction concerning, or operating,or using or traveling in aircraft, and of persons or property on land or water,and to develop and promote aviation in this state.

      (4)Promulgation of rules, conduct of hearings and issuance and judicial review ofrules and orders shall be in accordance with ORS chapter 183. [Formerly491.100]

 

      835.040Limitations on rules and regulations. All rules and regulations prescribed bythe State Aviation Board under authority of the aviation laws of this stateshall be kept in conformity with, and limited to, as nearly as may be, the thencurrent federal legislation governing aviation, the regulations dulypromulgated thereunder, and rules and standards issued from time to timepursuant thereto. [Formerly 491.110]

 

      835.045 [Formerly491.120; 1995 c.79 §384; 1995 c.655 §10; 1999 c.935 §34; renumbered 835.205 in1999]

 

      835.050 [Formerly491.130; repealed by 1995 c.79 §385]

 

      835.055 [Formerly491.140; 1993 c.741 §91; repealed by 1999 c.935 §39]

 

      835.060State Aviation Account; appropriation; use. (1) All fees and other moneysreceived by the Oregon Department of Aviation under ORS chapter 835, 836 or837, except moneys received under the provisions of ORS 835.025, 836.070 and837.035, shall be paid into the State Treasury monthly. The State Treasurershall credit such payments to the State Aviation Account in the General Fund.Moneys in the account are continuously appropriated to the department for thepurpose of carrying out the provisions of this chapter. None of the funds inthis section appropriated or hereafter made available for aviation purposes shallbe expended upon any aviation project that is not carried out under thesupervision and direction of the State Aviation Board. Fees paid into theaccount pursuant to ORS 837.045 shall be expended only for airport maintenanceand capital construction and for payment of expenses of air search and rescue.

      (2)The fiscal officer of the department shall keep a true and accurate account ofall sums received and all vouchers issued by the department under this section.[Formerly 491.150; 1991 c.186 §6; 1993 c.741 §92; 1995 c.733 §77; 1997 c.263 §4;1999 c.935 §35; 2005 c.755 §58]

 

      835.065Audit and payment of expenses. All necessary expenses of the OregonDepartment of Aviation incurred in carrying out the provisions of this chaptershall be audited by the Secretary of State and paid from the State AviationAccount in the same manner as other claims against the state are paid, afterdue approval thereof by the Director of the Oregon Department of Aviation, oras provided by law. [Formerly 491.160]

 

      835.070Accounts.The Director of the Oregon Department of Aviation shall keep a true andaccurate account of all sums received and of vouchers issued by the OregonDepartment of Aviation. [Formerly 491.170]

 

      835.075 [Formerly491.190; 1997 c.263 §1; renumbered 401.555 in 1997]

 

      835.080 [1995 c.655 §7;renumbered 835.200 in 1999]

 

      835.085 [1995 c.655 §8;renumbered 835.210 in 1999]

 

OREGONDEPARTMENT OF AVIATION

 

      835.100Oregon Department of Aviation; director. (1) The Oregon Department of Aviationis established.

      (2)The department is under the supervision and control of a director, who isresponsible for the performance of the duties, functions and powers of thedepartment.

      (3)For purposes of administration, subject to the approval of the State AviationBoard, the director may organize and reorganize the department as the directorconsiders necessary to conduct properly the work of the department. [1999 c.935§2]

 

      835.102State Aviation Board; members. (1) There is established the StateAviation Board consisting of seven members appointed by the Governor, subjectto confirmation by the Senate pursuant to ORS 171.562 and 171.565. The Governorshall appoint members of the board in compliance with all of the following:

      (a)Members shall be appointed with consideration of the different geographicregions of the state, with one member being a resident of the area east of theCascade Range.

      (b)Not more than four members shall belong to the same political party. Partyaffiliation shall be determined by the appropriate entry on official electionregistration cards.

      (2)The board membership shall represent diverse aviation interests from both theprivate and public sectors.

      (3)The term of office of each member is four years. Before the expiration of theterm of a member, the Governor shall appoint a successor whose term begins onJuly 1 next following. A member is eligible for reappointment. In case of avacancy for any cause, the Governor shall appoint a person to fill the officefor the unexpired term.

      (4)A member of the board is entitled to compensation and expenses as provided byORS 292.495. [1999 c.935 §2a; 2001 c.4 §1]

 

      835.104Board officers; quorum; meetings. (1) The Governor shall appoint onemember of the State Aviation Board as chairperson and another member as vicechairperson. The chairperson and vice chairperson shall have such terms, dutiesand powers as the board determines are necessary for the performance of suchoffices.

      (2)A majority of the members of the board constitutes a quorum for the transactionof business.

      (3)The board shall meet at least once a quarter, at a time and place determined bythe members of the board. The board shall also meet at such other times andplaces as are specified by the call of the chairperson or of a majority of theboard.

      (4)No vacancy shall impair the right of the remaining board members to exerciseall the powers of the board, except that four members of the board shallconstitute a quorum for the conduct of business of the board, and, in case theboard members are unable to agree, the Governor shall have the right to vote asa member of the board.

      (5)The board may provide an official seal. [1999 c.935 §2b; 2001 c.4 §2]

 

      835.106Director of Oregon Department of Aviation; appointment; duties and powers. (1) TheGovernor shall appoint the Director of the Oregon Department of Aviation,subject to confirmation by the Senate pursuant to ORS 171.562 and 171.565, whoholds office at the pleasure of the Governor.

      (2)Subject to policy direction by the State Aviation Board, the director shall:

      (a)Be the administrative head of the department;

      (b)Have power, within applicable budgetary limitations, and in accordance with ORSchapter 240, to hire, assign, reassign and coordinate personnel of thedepartment and prescribe their duties and fix their compensation, subject tothe State Personnel Relations Law;

      (c)Administer the laws of the state concerning aviation; and

      (d)Intervene, as authorized by the board, pursuant to the rules of practice andprocedure, in the proceedings of state and federal agencies that maysubstantially affect the interests of the consumers and providers of aviationservices within Oregon.

      (3)In addition to duties otherwise required by law, the director shall prescriberegulations for the government of the department, the conduct of its employees,the assignment and performance of its business and the custody, use andpreservation of its records, papers and property in a manner consistent withapplicable law.

      (4)The director may delegate to any of the employees of the department theexercise or discharge in the director’s name of any duty, function or power ofwhatever character, vested in or imposed by law upon the director, includingduties, functions or powers delegated to the director by the board. Theofficial act of any person acting in the director’s name and by the authorityof the director shall be considered to be an official act of the director.

      (5)The director shall have authority to require a fidelity bond of any officer or employeeof the department who has charge of, handles or has access to any state moneyor property, and who is not otherwise required by law to give a bond. Theamounts of the bonds shall be fixed by the director, except as otherwiseprovided by law, and the sureties shall be approved by the director. Thedepartment shall pay the premiums on the bonds.

      (6)The director shall prepare and submit to the board on or about December 31 ofeach year an annual report for the 12 months ending the prior June 30. Theannual report shall set forth all that the department has done during the year.The report shall contain a statement of the parts of the state aviation systemthat were constructed, reconstructed or improved during the period, togetherwith a statement showing in a general way the status of the state aviationsystem. [1999 c.935 §3; 2007 c.768 §62]

 

      835.108Director’s salary; expense reimbursement. The Director of the OregonDepartment of Aviation shall receive such salary as may be provided by law oras fixed by the State Aviation Board. In addition to salaries, the director, orany deputy directors or assistant directors, subject to the limitationsotherwise provided by law, shall be reimbursed for all reasonable expensesnecessarily incurred in the performance of official duties. [1999 c.935 §4]

 

      835.110Oaths, depositions and subpoenas. The Director of the Oregon Departmentof Aviation and specially authorized representatives of the director mayadminister oaths, take depositions and issue subpoenas to compel the attendanceof witnesses and the production of documents or other written informationnecessary to carry out the functions of the department. If any person fails tocomply with a subpoena issued under this section or refuses to testify on matterson which the person lawfully may be interrogated, the procedure set out in ORS183.440 shall be followed to compel obedience. [1999 c.935 §6]

 

      835.112Rules.In accordance with applicable provisions of ORS chapter 183, the Director ofthe Oregon Department of Aviation may adopt rules necessary for theadministration of the laws that the department is charged with administering. [1999c.935 §5]

 

      835.114Exception to rulemaking authority. Except as required under ORS 197.180,the Oregon Department of Aviation may not adopt any rules intended primarily toimplement ORS chapter 197, 215 or 227. The department shall comply with theland use planning goals and guidelines adopted under ORS 197.225 and rulesadopted under ORS 197.040. The department may make recommendations to theDepartment of Land Conservation and Development regarding land use issues. [1999c.935 §38a]

 

      Note: 835.114 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 835 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.

 

SEAPLANEREGULATION

 

      835.200Rules for operation and safety. (1) The State Aviation Board, pursuantto ORS 835.035 and utilizing the definitions contained in ORS 830.005:

      (a)Shall adopt rules governing seaplane safety and operations on state waters, asdefined in ORS 830.005, that shall be applicable to all seaplanes except wheninconsistent with any applicable laws or regulations of an agency of the UnitedStates.

      (b)May adopt rules governing seaplane safety and operations on waters of thisstate, as defined in ORS 830.005, that shall be applicable to all seaplanesexcept when inconsistent with any applicable laws or regulations of an agencyof the United States.

      (2)The State Aviation Board shall adopt the rules in subsection (1) of thissection in consultation with the State Marine Board and the State Parks andRecreation Department.

      (3)The rules in subsection (1) of this section shall include identification of zonesand bodies of water on which seaplanes may not land, take off or operate.

      (4)As used in this section and ORS 835.210, “seaplane” means an aircraft equippedto land on water. [Formerly 835.080; 2005 c.22 §519]

 

      835.205Seaplane regulation.For purposes of ORS 830.175, 830.180, 830.185 and 830.195, the OregonDepartment of Aviation, in cooperation with the State Marine Board, shallregulate boats that are seaplanes as provided in ORS 830.605 and 835.200. [Formerly835.045; 2003 c.14 §505]

 

      835.210Application by political subdivision for special regulation. (1) Thegoverning body of a political subdivision of this state may apply to the StateAviation Board for special regulations relating to the operations of seaplaneson waters within the territorial limits of the political subdivision. Theseregulations may include, but need not be limited to, the establishment oflimits on the areas of operations, hours and time of operations, and theprohibition of seaplane landings and takeoffs. Within a reasonable time, theboard shall act upon the application in accordance with ORS chapter 183.

      (2)For purposes of regulation, no political subdivision of this state may enact orenforce any law or other regulation for purposes of subsection (1) of thissection. [Formerly 835.085]

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