TITLE 62

AVIATION

 

Chapter     835.     Aviation Administration

                  836.     Airports and Landing Fields

                  837.     Aircraft Operation

                  838.     Airport Districts

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Chapter 835 — Aviation Administration

 

2013 EDITION

 

AVIATION ADMINISTRATION

 

AVIATION

 

GENERAL PROVISIONS

 

835.005     Definitions

 

835.015     Development of aviation

 

835.017     Provision of central business operating services by Department of Transportation; rules

 

835.020     Contracts

 

835.025     Use and administration of federal and other moneys

 

835.030     Employment of personnel

 

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

 

835.040     Limitations on rules and regulations

 

835.060     State Aviation Account; appropriation; use

 

835.065     Audit and payment of expenses

 

835.070     Accounts

 

OREGON DEPARTMENT OF AVIATION

 

835.100     Oregon Department of Aviation; director

 

835.102     State Aviation Board; members

 

835.104     Board officers; quorum; meetings

 

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

 

835.108     Director’s salary; expense reimbursement

 

835.110     Oaths, depositions and subpoenas

 

835.112     Rules

 

835.114     Exception to rulemaking authority

 

SEAPLANE REGULATION

 

835.200     Rules for operation and safety

 

835.205     Seaplane regulation

 

835.210     Application by political subdivision for special regulation

 

GENERAL PROVISIONS

 

      835.005 Definitions. As used in this chapter and ORS chapters 836 and 837, unless the context requires 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. [Formerly 491.002; 1993 c.741 §90; 1999 c.935 §32]

 

      835.009 [1993 c.741 §92b; repealed by 2001 c.378 §1]

 

      835.010 [Formerly 491.005; repealed by 1993 c.741 §147]

 

      835.015 Development of aviation. The State Aviation Board with the advice of the Oregon Department of Aviation shall incorporate as part of its program a definite plan for the development of airports, state airways, airplane industries and aviation generally. It shall through the department cooperate with and assist the federal government, the municipalities of the state, and other persons in the development of aviation activities. Municipalities are authorized to cooperate with the department in the development of aviation and aviation facilities in this state, and shall notify the department of, and allow the department to participate in an advisory capacity in, all municipal airport or aviation system planning. [Formerly 491.050]

 

      835.017 Provision of central business operating services by Department of Transportation; rules. (1) The Department of Transportation shall provide the following central business operating services for the Oregon Department of Aviation:

      (a) Budget preparation services;

      (b) Daily processing for accounts payable, accounts receivable, payroll, receipts and disbursements;

      (c) Records and inventory maintenance accounting services;

      (d) Financial management reports and revenue and expenditure projections;

      (e) Purchasing, leasing and contracting services;

      (f) Internal audit services;

      (g) Computer and information system services; and

      (h) Human resource services.

      (2) The Oregon Department of Aviation shall comply with all rules adopted by the Department of Transportation related to the services described in subsection (1) of this section.

      (3) The Department of Transportation may charge the Oregon Department of Aviation a fee for the services the Department of Transportation provides under this section. The Department of Transportation shall calculate the rate of the fee using the same methodology the Department of Transportation uses to calculate the central services assessment imposed within the Department of Transportation for similar services. The Oregon Department of Aviation shall pay any fees imposed under this section within 30 days of receiving the request for payment.

      (4) All moneys received by the Department of Transportation under this section shall be paid into the State Treasury each month and credited to the Department of Transportation Operating Fund established by ORS 184.642.

      (5) The Department of Transportation shall adopt rules for the administration and implementation of this section. [2011 c.630 §29]

 

      Note: 835.017 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 835 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      835.020 Contracts. Subject to ORS 835.017, the Director of the Oregon Department of Aviation may enter into any contracts authorized by the State Aviation Board and necessary to the execution of the powers granted by this chapter. All contracts made by the director, either as the agent of the state or as the agent of any municipality, shall be made pursuant 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 financed wholly or in part with federal money, the director as the agent of the state or any municipality may let contracts in the manner prescribed by the federal authorities acting under the laws of the United States and any rules or regulations made thereunder. [Formerly 491.060; 2011 c.630 §30]

 

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

 

      835.030 Employment of personnel. So far as is possible, all employees of the Oregon Department of Aviation shall be situated in the same building. [Formerly 491.090; 1993 c.741 §90a; 1999 c.935 §33]

 

      835.035 General board powers; rules; United States facilities exempt from board orders. (1) Subject to ORS 835.017, the State Aviation 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 necessary to 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 air navigation facilities owned or operated by the United States.

      (3) All authority, power and duty delegated to the board by the provisions of this section shall be exercised and performed in all respects commensurate with and for the purpose of protecting and insuring the general public interest and safety, 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 of rules and orders shall be in accordance with ORS chapter 183. [Formerly 491.100; 2011 c.630 §31]

 

      835.040 Limitations on rules and regulations. All rules and regulations prescribed by the State Aviation Board under authority of the aviation laws of this state shall be kept in conformity with, and limited to, as nearly as may be, the then current federal legislation governing aviation, the regulations duly promulgated thereunder, and rules and standards issued from time to time pursuant thereto. [Formerly 491.110]

 

      835.045 [Formerly 491.120; 1995 c.79 §384; 1995 c.655 §10; 1999 c.935 §34; renumbered 835.205 in 1999]

 

      835.050 [Formerly 491.130; repealed by 1995 c.79 §385]

 

      835.055 [Formerly 491.140; 1993 c.741 §91; repealed by 1999 c.935 §39]

 

      835.060 State Aviation Account; appropriation; use. (1) All fees and other moneys received by the Oregon Department of Aviation under ORS chapter 835, 836 or 837, except moneys received under the provisions of ORS 835.025, 836.070 and 837.035, shall be paid into the State Treasury monthly. The State Treasurer shall credit such payments to the State Aviation Account in the General Fund. Moneys in the account are continuously appropriated to the department for the purpose of carrying out the provisions of this chapter. None of the funds in this section appropriated or hereafter made available for aviation purposes shall be expended upon any aviation project that is not carried out under the supervision and direction of the State Aviation Board. Fees paid into the account pursuant to ORS 837.045 shall be expended only for airport maintenance and 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 of all 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]

 

      835.065 Audit and payment of expenses. All expenses of the Oregon Department of Aviation incurred in carrying out the provisions of this chapter are open to inspection and audit by the Secretary of State and must be paid from the State Aviation Account in the same manner as other claims against the state are paid, after approval of the expenses by the Director of the Oregon Department of Aviation, or as provided by law. [Formerly 491.160; 2011 c.222 §3]

 

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

 

      835.075 [Formerly 491.190; 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]

 

OREGON DEPARTMENT OF AVIATION

 

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

      (2) The department is under the supervision and control of a director, who is responsible for the performance of the duties, functions and powers of the department, subject to ORS 835.017.

      (3) For purposes of administration, subject to the approval of the State Aviation Board, the director may organize and reorganize the department as the director considers necessary to conduct properly the work of the department. [1999 c.935 §2; 2011 c.630 §32]

 

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

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

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

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

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

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

 

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

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

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

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

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

 

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

      (2) Subject to ORS 835.017 and the 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 ORS chapter 240, to hire, assign, reassign and coordinate personnel of the department and prescribe their duties and fix their compensation, subject to the 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 and procedure, in the proceedings of state and federal agencies that may substantially affect the interests of the consumers and providers of aviation services within Oregon.

      (3) Subject to ORS 835.017, in addition to duties otherwise required by law, the director shall prescribe regulations for the government of the department, the conduct of its employees, the assignment and performance of its business and the custody, use and preservation of its records, papers and property in a manner consistent with applicable law.

      (4) The director may delegate to any of the employees of the department the exercise or discharge in the director’s name of any duty, function or power of whatever character, vested in or imposed by law upon the director, including duties, functions or powers delegated to the director by the board. The official act of any person acting in the director’s name and by the authority of 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 employee of the department who has charge of, handles or has access to any state money or property, and who is not otherwise required by law to give a bond. The amounts of the bonds shall be fixed by the director, except as otherwise provided by law, and the sureties shall be approved by the director. The department shall pay the premiums on the bonds.

      (6) The director shall prepare and submit to the board on or about December 31 of each year an annual report for the 12 months ending the prior June 30. The annual 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 system that were constructed, reconstructed or improved during the period, together with a statement showing in a general way the status of the state aviation system. [1999 c.935 §3; 2007 c.768 §62; 2011 c.630 §33]

 

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

 

      835.110 Oaths, depositions and subpoenas. The Director of the Oregon Department of Aviation and specially authorized representatives of the director may administer oaths, take depositions and issue subpoenas to compel the attendance of witnesses and the production of documents or other written information necessary to carry out the functions of the department. If any person fails to comply with a subpoena issued under this section or refuses to testify on matters on which the person lawfully may be interrogated, the procedure set out in ORS 183.440 shall be followed to compel obedience. [1999 c.935 §6]

 

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

 

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

 

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

 

SEAPLANE REGULATION

 

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

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

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

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

      (3) The rules in subsection (1) of this section shall include identification of zones and 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 equipped to land on water. [Formerly 835.080; 2005 c.22 §519]

 

      835.205 Seaplane regulation. For purposes of ORS 830.175, 830.180, 830.185, 830.187 and 830.195, the Oregon Department of Aviation, in cooperation with the State Marine Board, shall regulate boats that are seaplanes as provided in ORS 830.605 and 835.200. [Formerly 835.045; 2003 c.14 §505; 2013 c.186 §6]

 

      835.210 Application by political subdivision for special regulation. (1) The governing body of a political subdivision of this state may apply to the State Aviation Board for special regulations relating to the operations of seaplanes on waters within the territorial limits of the political subdivision. These regulations may include, but need not be limited to, the establishment of limits on the areas of operations, hours and time of operations, and the prohibition of seaplane landings and takeoffs. Within a reasonable time, the board shall act upon the application in accordance with ORS chapter 183.

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

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