Oregon Revised Statutes

Chapter 837 — Aircraft Operation

43 sections

837.005 Exemptions of certain aircraft from requirements of registration; rules

ORS 837.015 and 837.040 to 837.070 do not apply to: Aircraft owned by any person, firm or corporation and certificated by the appropriate federal agency for domestic or foreign scheduled air commerce; Military aircraft of the United States of America; Aircraft licensed by a foreign country with which the United States has reciprocal relations exempting ai…

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.

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.

837.020 [Formerly 493.040; 1991 c.186 §1; 2007 c.768 §57; 2016 c.35 §2; repealed by 2017 c.226 §1]repealed

No operative statutory text appears at this designation in the selected edition.

837.025 [Formerly 493.050; 1991 c.206 §1; 1997 c.585 §3; 2009 c.694 §1; 2015 c.450 §1; repealed by 2017 c.226 §1]repealed

No operative statutory text appears at this designation in the selected edition.

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 oper…

837.035 [Formerly 493.070; 1993 c.741 §94; 1997 c.263 §3; 1999 c.935 §38; 2007 c.740 §41; repealed by 2017 c.226 §1]repealed

No operative statutory text appears at this designation in the selected edition.

837.040 Persons required to register aircraft; application; timing; late fees; rules

Except as provided in subsection (2) of this section, the following are required to register civil aircraft with the Oregon Department of Aviation: The owner of a civil aircraft that is capable of flight and that is based in this state. The owner of a civil aircraft that is used for commercial operations in this state. An owner need not register a civil a…

837.045 Fee schedule

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: ______________________________________________________________________________ AIRCRAFT CLASSIFICATION AND FEE SCHEDULE Single engine fixed wing, piston $ 65 Single engine fixed wing, turboprop 250 Multiengine fixed w…

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,…

837.055 Assignment of number; delivery of certificate of registration; duplicate certificates; applications as public records

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. A certificat…

837.060 Expiration and renewal of registrations; late fees

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. The owner of an aircraft subject to renewal of registration shall renew the registration on or before the date of expiration by filing a form provided by the department and paying the fee for renewa…

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 d…

837.070 Notice of sale of aircraft; transfer of registration; fee

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: Purchase, the purchaser shall file with the Oregon Department of Aviation an application to transfer the registration, stating the name and business address of t…

837.075 Aircraft dealer’s license; fee

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 a…

837.080 Prohibited operation of aircraft

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: While the person is under the influence of intoxicating liquor, drugs or controlled substances. In a careless or reckless manner so as to endanger the life or property of another. The offense described in this secti…

837.085 Dropping articles without permit prohibited; exceptions

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. This section does not prohibit, or require a permit for, the use o…

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.

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.

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.

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

No operative statutory text appears at this designation in the selected edition.

837.300 Definitions

As used in ORS 837.300 to 837.390 and 837.995: “Aircraft” has the meaning given that term in ORS 836.005. “Law enforcement agency” means an agency that employs peace officers, as defined in ORS 133.005, or that prosecutes offenses. “Public body” has the meaning given that term in ORS 174.109. “Unmanned aircraft system” means an unmanned flying machine, c…

837.310 Restrictions; exceptions

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. Any image or other information that is acquired through the use of an unm…

837.320 Authorized use upon issuance of warrant; exigent circumstances

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: A warrant is issued authorizing use of an unmanned aircraft system; or The law enforcement agency has probable cause to believe…

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. Note: See note under 837.300.

837.335 Search and rescue; use in emergencies

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. A law enforcement agency may operate an unmanned aircraf…

837.340 Investigations of crimes and accidents

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 …

837.345 Training

A law enforcement agency may operate an unmanned aircraft system for the purpose of training in: The use of unmanned aircraft systems; and The acquisition of information through the operation of an unmanned aircraft system. Any image or other information that is acquired through the use of an unmanned aircraft system by a law enforcement agency under this…

837.350 Restrictions; authorized use; rules

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. Subject to ORS 837.300 to 837.390, rules adopte…

837.360 Restrictions; exception for educational institution; civil penalties; registration; fees; rules

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. A public body, other than an educational institution, may not operate an unmanned aircraft system in the airspace over this state without registering the unmanned aircra…

837.362 Policies and procedures for use of data

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. The public body shall post the following information on the public body’s websit…

837.365 Weaponized unmanned aircraft systems; penalties

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: Capable of firing a bullet or projectile; or Specifically designed or modified to cause, and is presently capable of causing, serious physical injury as defined in ORS 161.015. E…

837.370 Operation over privately owned premises; penalties

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. Subsection (1) of this section does not apply to the use of an unmanned a…

837.372 Operation over critical infrastructure facility; penalty

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: A petroleum or alumina refinery; An electrical p…

837.374 Reckless interference with aircraft; penalties

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: Direct a laser at an aircraft while the aircraft is in the air; Crash into an aircraft while the aircraft is in the air; or Prevent the takeoff or …

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 enforceme…

837.380 Action by owner of real property; Attorney General

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: The operator of the unmanned aircraft system has flown the unmanned aircraft system over the prop…

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 unma…

837.387 Regulation of unmanned aircraft systems in parks owned by local government

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. An ordinance enacted under subsection (1) of this section must: Allow utility providers a reasonable ability to use unmanned a…

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. Note: See note under 837.300. PENALTIES

837.990 Penalties

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. The offense described in ORS 837.080, prohibited operation of an aircraft, is a Class B misdemeanor.

837.995 Crimes involving unmanned aircraft systems; penalties

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. A person who intentionally interferes with, or gains unauthorized control over, an unmanned aircra…

837.998 Civil penalties

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. The director may impose a civil penalty not to ex…