Chapter 837 — Aircraft Operation

 

ORS sections in this chapter were amended or repealed by the Legislative Assembly during its 2018 regular session. See the table of ORS sections amended or repealed during the 2018 regular session: 2018 A&R Tables

 

New sections of law were enacted by the Legislative Assembly during its 2018 regular session and pertain to or are likely to be compiled in this ORS chapter. See sections in the following 2018 Oregon Laws chapters: 2018 Session Laws 0120

 

 

2017 EDITION

 

 

AIRCRAFT OPERATION

 

AVIATION

 

GENERALLY

 

837.005     Exemptions of certain aircraft from requirements of registration; rules

 

837.010     Federal pilot certificate required

 

837.015     Registration of aircraft

 

837.030     Exhibition of certificate on demand

 

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

 

837.045     Fee schedule

 

837.050     Transfer of aircraft registration moneys to State Aviation Account

 

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

 

837.060     Expiration and renewal of registrations; late fees

 

837.065     Effect of paying aircraft registration fee with worthless check

 

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

 

837.075     Aircraft dealer’s license; fee

 

837.080     Prohibited operation of aircraft

 

837.085     Dropping articles without permit prohibited; exceptions

 

837.090     Landings on public highways and grounds prohibited

 

837.095     Flying over military and naval establishments; photographs from airplanes

 

837.100     Issuance of citations for violations

 

UNMANNED AIRCRAFT SYSTEMS

 

(Definitions)

 

837.300     Definitions

 

(Use of Unmanned Aircraft Systems by Law Enforcement Agencies)

 

837.310     Restrictions; exceptions

 

837.320     Authorized use upon issuance of warrant; exigent circumstances

 

837.330     Written consent

 

837.335     Search and rescue; use in emergencies

 

837.340     Investigations of crimes and accidents

 

837.345     Training

 

(Public Bodies)

 

837.360     Restrictions; civil penalties; registration; fees; rules

 

837.362     Policies and procedures for use of data

 

(Offenses)

 

837.365     Weaponized unmanned aircraft systems; penalties

 

837.370     Operation over privately owned premises; penalties

 

837.372     Operation over critical infrastructure facility; penalty

 

837.374     Reckless interference with aircraft; penalty

 

(Civil Remedies)

 

837.375     Interference with an unmanned aircraft system; unauthorized control

 

837.380     Action by owner of real property; Attorney General

 

(Preemption)

 

837.385     Preemption of local laws regulating unmanned aircraft systems

 

(Armed Forces of the United States)

 

837.390     Applicability

 

PENALTIES

 

837.990     Penalties

 

837.995     Crimes involving unmanned aircraft systems; penalties

 

837.998     Civil penalties

 

GENERALLY

 

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

      (1) Aircraft owned by any person, firm or corporation and certificated by the appropriate federal agency for domestic or foreign scheduled air commerce;

      (2) Military aircraft of the United States of America;

      (3) Aircraft licensed by a foreign country with which the United States has reciprocal relations exempting aircraft registered by the United States, or any political subdivision thereof, from registration within such foreign country; or

      (4) Classes of aircraft designated as exempt by rules adopted by the State Aviation Board. [Formerly 493.010; 2005 c.22 §520; 2005 c.75 §1]

 

      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]

 

      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]

 

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

 

      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]

 

      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]

 

      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]

 

      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:

      (a) The owner of a civil aircraft that is capable of flight and that is based in this state.

      (b) The owner of a civil aircraft that is used for commercial operations in this state.

      (2) An owner need not register a civil aircraft that is:

      (a) Exempted by the provisions of ORS 837.005; or

      (b) Subject to assessment and taxation under ORS 308.558.

      (3) An owner who is otherwise required to comply with subsection (1) of this section is not exempt from compliance because the aircraft has an appropriate, effective permit or license issued by the United States.

      (4) An owner applying for registration of an aircraft under this section shall file an application form supplied by the department. The State Aviation Board may adopt rules specifying the information that may be required on the application form.

      (5)(a) The owner of a civil aircraft that is based in Oregon shall register the aircraft within 60 days of the date the aircraft becomes subject to registration. The owner of a civil aircraft that is not based in Oregon but that is used in Oregon for commercial operations shall register the aircraft prior to the first time the aircraft is used in Oregon for commercial operations.

      (b) The department may impose a late fee on a person who fails to register an aircraft within the time required by this subsection. The board may determine by rule the amount of late fees that may be imposed under this paragraph. The board may adopt a graduated schedule of late fees, but the maximum amount of a late fee may not be more than the amount of the registration fee.

      (6) An application for registration must be accompanied by the registration fee specified in ORS 837.045 and, if a late fee is imposed under subsection (5) of this section, by the late fee.

      (7) Registration under this section is not complete until the owner receives a notice of registration from the department. [Formerly 493.080; 1993 c.741 §95; 2005 c.75 §2]

 

      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:

______________________________________________________________________________

AIRCRAFT CLASSIFICATION

AND FEE SCHEDULE

 

 

Single engine fixed wing, piston               $          65

Single engine fixed wing, turboprop                    250

Multiengine fixed wing, piston                            150

Multiengine fixed wing, turboprop                      300

Turbojet fixed wing                                              700

Helicopter piston engine                                        65

Helicopter turbine engine                                     175

Lighter than air, home built,

sailplane, experimental or gyrocopter                    55

Ultralight aircraft                                                   55

Ex-military multiengine or turbojet/

ex-air carrier                                                         300

______________________________________________________________________________

 

      (2) Any registration fees and penalties due in a previous year but not paid remain due and payable and may be collected by the Oregon Department of Aviation prior to renewal of registration of the aircraft in the current year. [Formerly 493.090; 1991 c.186 §2; 1997 c.585 §8; 2005 c.75 §3; 2009 c.693 §1; 2015 c.450 §2]

 

      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]

 

      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.

      (2) A certificate of registration, bearing the same number assigned to the application, and in a form and design to be determined by the Oregon Department of Aviation, shall be delivered to the owner of the aircraft without further expense to such applicant.

      (3) The following apply to the use and display of certificates of registration and other signs denoting registration for aircraft:

      (a) The certificate of registration shall be carried in the aircraft at all times.

      (b) No sign to denote registration of aircraft by the State of Oregon, other than those furnished by the director, shall be used.

      (4) Duplicate certificates of registration may be obtained, upon proof of loss or destruction of the original, by application therefor to the department and the payment of $15 for each additional certificate. The facts stated in any application for registration shall be a public record and open to inspection by the public during reasonable office hours.

      (5) Registration of an aircraft does not require, nor does it constitute, evidence of legal ownership of the aircraft. [Formerly 493.100; 1993 c.161 §1; 1993 c.741 §96; 1997 c.585 §4]

 

      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.

      (2) 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 renewal of registration established in ORS 837.045. The department may impose a late fee on a person who fails to renew registration within the time required in the same manner and in the same amounts as late fees imposed under ORS 837.040. [Formerly 493.110; 1991 c.186 §3; 1997 c.585 §9; 2005 c.75 §4]

 

      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:

      (1) Suspend the registration in payment of which the check was presented; and

      (2) Authorize any department employee or police officer to seize and recover the registration certificate and any other evidence of the suspended registration certificate. [Formerly 493.120; 1997 c.585 §5; 2017 c.226 §5]

 

      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:

      (a) Purchase, the purchaser shall file with the Oregon Department of Aviation an application to transfer the registration, stating the name and business address of the purchaser, the name of the seller, the registration number assigned to the aircraft, and a brief description of the aircraft as required for an original registration.

      (b) Sale, the seller shall notify the Director of the Oregon Department of Aviation of the sale with the name and address of the purchaser, registration number assigned to the aircraft and a brief description of the aircraft as required for an original registration.

      (2) Upon the receipt of the application and the payment of a fee of $15, the director shall transfer the license and registration number to the purchaser, and shall record the transfer. No sale or transfer of any aircraft registered under ORS 837.040 shall be valid without compliance with the provisions of this section. If an aircraft is not registered at the time of purchase, even though the aircraft may have been purchased within the state, new or used, the purchaser shall register it in accordance with ORS 837.040 and 837.045. [Formerly 493.130; 1993 c.741 §97; 1997 c.585 §6]

 

      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.

      (2) This section does not prohibit the registering of a dealer’s aircraft under ORS 837.040.

      (3) Upon the sale by a dealer of an aircraft which is not registered under ORS 837.040, the dealer shall advise the purchaser of the registration requirements under ORS 837.040 to 837.070 and furnish the purchaser with the proper application forms. [Formerly 493.140; 1997 c.585 §7]

 

      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:

      (a) While the person is under the influence of intoxicating liquor, drugs or controlled substances.

      (b) In a careless or reckless manner so as to endanger the life or property of another.

      (2) The offense described in this section, prohibited operation of an aircraft, is punishable as provided under ORS 837.990. [Formerly 493.160]

 

      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.

      (2) This section does not prohibit, or require a permit for, the use of an airplane for crop dusting or any other agricultural purposes or for seeding any agricultural or horticultural crop or for dusting or spraying in furtherance of insect and pest control. Any such use of an airplane shall be made with due regard for the safety of others. [Formerly 493.170]

 

      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]

 

      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]

 

      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]

 

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

 

UNMANNED AIRCRAFT SYSTEMS

 

(Definitions)

 

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

      (1) “Aircraft” has the meaning given that term in ORS 836.005.

      (2) “Law enforcement agency” means an agency that employs peace officers, as defined in ORS 133.005, or that prosecutes offenses.

      (3) “Public body” has the meaning given that term in ORS 174.109.

      (4) “Unmanned aircraft system” means an unmanned flying machine, commonly known as a drone, and its associated elements, including communication links and the components that control the machine.

      (5) “Warrant” means a warrant issued under ORS 133.525 to 133.703. [2013 c.686 §1; 2015 c.315 §1; 2016 c.72 §1]

 

      Note: 837.300 to 837.390 and 837.995 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 837 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

(Use of Unmanned Aircraft Systems by Law Enforcement Agencies)

 

      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.

      (2) Any image or other information that is acquired through the use of an unmanned aircraft system by a law enforcement agency in violation of ORS 837.310 to 837.345, and any evidence derived from that image or information:

      (a) Is not admissible in, and may not be disclosed in, a judicial proceeding, administrative proceeding, arbitration proceeding or other adjudicatory proceeding; and

      (b) May not be used to establish reasonable suspicion or probable cause to believe that an offense has been committed. [2013 c.686 §2; 2015 c.315 §2]

 

      Note: See note under 837.300.

 

      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:

      (a) A warrant is issued authorizing use of an unmanned aircraft system; or

      (b) The law enforcement agency has probable cause to believe that a person has committed a crime, is committing a crime or is about to commit a crime, and exigent circumstances exist that make it unreasonable for the law enforcement agency to obtain a warrant authorizing use of an unmanned aircraft system.

      (2) A warrant authorizing the use of an unmanned aircraft system must specify the period for which operation of the unmanned aircraft system is authorized. In no event may a warrant provide for the operation of an unmanned aircraft system for a period of more than 30 days. Upon motion and good cause shown, a court may renew a warrant after the expiration of the 30-day period. [2013 c.686 §3; 2015 c.315 §3]

 

      Note: See note under 837.300.

 

      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]

 

      Note: See note under 837.300.

 

      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.

      (2) 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 assisting an individual in an emergency if:

      (a) The law enforcement agency reasonably believes that there is an imminent threat to the life or safety of the individual, and documents the factual basis for that belief; and

      (b) Not more than 48 hours after the emergency operation begins, an official of the law enforcement agency files a sworn statement with the circuit court that describes the nature of the emergency and the need for use of an unmanned aircraft system.

      (3) 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, during a state of emergency that is declared by the Governor under ORS chapter 401 if:

      (a) The unmanned aircraft system is used only for the purposes of preserving public safety, protecting property or conducting surveillance for the assessment and evaluation of environmental or weather related damage, erosion or contamination; and

      (b) The unmanned aircraft system is operated only in the geographical area specified in a proclamation pursuant to ORS 401.165 (5). [2013 c.686 §5; 2015 c.315 §5]

 

      Note: See note under 837.300.

 

      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.

      (2) The period that a law enforcement agency may operate an unmanned aircraft system under this section may not exceed five days for the purpose of reconstruction of a specific crime scene or accident scene, or similar physical assessment, related to a specific investigation. [2013 c.686 §6; 2015 c.315 §6; 2017 c.502 §2]

 

      Note: See note under 837.300.

 

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

      (a) The use of unmanned aircraft systems; and

      (b) The acquisition of information through the operation of an unmanned aircraft system.

      (2) Any image or other information that is acquired through the use of an unmanned aircraft system by a law enforcement agency under this section, and any evidence derived from that image or information:

      (a) Is not admissible in, and may not be disclosed in, a judicial proceeding, administrative proceeding, arbitration proceeding or other adjudicatory proceeding; and

      (b) May not be used to establish reasonable suspicion or probable cause to believe that an offense has been committed. [2013 c.686 §7; 2015 c.315 §7]

 

      Note: See note under 837.300.

 

(Public Bodies)

 

      837.360 Restrictions; civil penalties; registration; fees; rules. (1) A public body may not operate an unmanned aircraft system in the airspace over this state without registering the unmanned aircraft system with the Oregon Department of Aviation.

      (2) The Oregon Department of Aviation may impose a civil penalty of up to $10,000 against a public body that violates subsection (1) of this section.

      (3) Evidence obtained by a public body through the use of an unmanned aircraft system in violation of subsection (1) of this section is not admissible in any judicial or administrative proceeding and may not be used to establish reasonable suspicion or probable cause to believe that an offense has been committed.

      (4) The Oregon Department of Aviation shall establish a registry of unmanned aircraft systems operated by public bodies and may charge a fee sufficient to reimburse the department for the maintenance of the registry.

      (5) The Oregon Department of Aviation shall require the following information for registration of an unmanned aircraft system:

      (a) The name of the public body that owns or operates the unmanned aircraft system.

      (b) The name and contact information of the individuals who operate the unmanned aircraft system.

      (c) Identifying information for the unmanned aircraft system as required by the department by rule.

      (6) A public body that registers one or more unmanned aircraft systems under this section shall provide an annual report to the Oregon Department of Aviation that:

      (a) Summarizes the frequency of use of the unmanned aircraft systems by the public body during the preceding calendar year;

      (b) Summarizes the purposes for which the unmanned aircraft systems have been used by the public body during the preceding calendar year; and

      (c) Indicates how the public can access the policies and procedures established under ORS 837.362.

      (7) The State Aviation Board may adopt all rules necessary for the registration of unmanned aircraft systems in Oregon that are consistent with federal laws and regulations. [2013 c.686 §8; 2015 c.315 §8; 2016 c.72 §8]

 

      Note: See note under 837.300.

 

      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.

      (2) The public body shall post the following information on the public body’s website or otherwise make the following information available to the public:

      (a) The policies and procedures established under this section.

      (b) The text of ORS 192.345.

      (3) The policies and procedures established under this section must include:

      (a) The length of time data will be retained by the public body.

      (b) Specifications for third party storage of data, including handling, security and access to the data by the third party.

      (c) A policy on disclosure of data through intergovernmental agreements. [2016 c.72 §7]

 

      Note: See note under 837.300.

 

(Offenses)

 

      837.365 Weaponized unmanned aircraft systems; penalties. (1) Except as provided in subsection (2) 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 otherwise operate or cause to be operated an unmanned aircraft system in a manner that causes the system to function as a dangerous weapon as defined in ORS 161.015.

      (2)(a) Except as provided in paragraphs (b) and (c) of this subsection, violation of subsection (1) of this section is a Class A misdemeanor.

      (b) If the person intentionally, knowingly or recklessly operates an unmanned aircraft system to fire a bullet or projectile or otherwise operates an unmanned aircraft system in a manner that causes the system to function as a dangerous weapon as defined in ORS 161.015, violation of subsection (1) of this section is a Class C felony.

      (c) If the person intentionally, knowingly or recklessly operates an unmanned aircraft system to fire a bullet or projectile or otherwise operates an unmanned aircraft system in a manner that causes the system to function as a dangerous weapon as defined in ORS 161.015, and the operation of the unmanned aircraft system causes serious physical injury to another person as both terms are defined in ORS 161.015, violation of subsection (1) of this section is a Class B felony.

      (3) Subsection (1) of this section does not apply if:

      (a) The person uses the unmanned aircraft system to release, discharge, propel or eject a nonlethal projectile for purposes other than to injure or kill persons or animals;

      (b) The person uses the unmanned aircraft system for nonrecreational purposes in compliance with specific authorization from the Federal Aviation Administration;

      (c) The person notifies the Oregon Department of Aviation, the Oregon State Police and any other agency that issues a permit or license for the activity requiring the use of the unmanned aircraft system of the time and location at which the person intends to use an unmanned aircraft system that is capable of releasing, discharging, propelling or ejecting a projectile at least five days before the person uses the system;

      (d) If the person intends to use an unmanned aircraft system that is capable of releasing, discharging, propelling or ejecting a projectile in an area open to the public, the person provides reasonable notice to the public of the time and location at which the person intends to use the unmanned aircraft system; and

      (e) The person maintains a liability insurance policy in an amount not less than $1 million that covers injury resulting from use of the unmanned aircraft system.

      (4) The notification requirement of subsection (3)(c) of this section does not apply to:

      (a) A career school licensed under ORS 345.010 to 345.450;

      (b) A community college as defined in ORS 341.005;

      (c) An education service district as defined in ORS 334.003;

      (d) The Oregon Health and Science University;

      (e) A public university listed in ORS 352.002; or

      (f) An institution that is exempt from ORS 348.594 to 348.615 under ORS 348.597 (2).

      (5) Notwithstanding subsection (3) of this section, a person may not use an unmanned aircraft system that is capable of releasing, discharging, propelling or ejecting a projectile for purposes of crowd management. [2013 c.686 §10; 2015 c.315 §9; 2016 c.72 §2; 2017 c.502 §1]

 

      Note: See note under 837.300.

 

      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.

      (2) Subsection (1) of this section does not apply to the use of an unmanned aircraft system by a law enforcement agency under ORS 837.335.

      (3)(a) Except as provided in paragraphs (b) and (c) of this subsection, violation of subsection (1) of this section is a Class B violation.

      (b) If, at the time of the offense, the person has one prior conviction under this section, violation of subsection (1) of this section is a Class A violation.

      (c) If, at the time of the offense, the person has two or more prior convictions under this section, violation of subsection (1) of this section is a Class B misdemeanor.

      (d) If the court imposes a sentence of probation for a violation under paragraph (c) of this subsection, the court may order as a condition of probation that the person may not possess an unmanned aircraft system. [2017 c.502 §4]

 

      Note: See note under 837.300.

 

      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:

      (a) A petroleum or alumina refinery;

      (b) An electrical power generating facility, substation, switching station or electrical control center;

      (c) A chemical, polymer or rubber manufacturing facility;

      (d) A water intake structure, water treatment facility, wastewater treatment plant or pump station;

      (e) A natural gas compressor station;

      (f) A liquid natural gas terminal or storage facility;

      (g) A telecommunications central switching office;

      (h) A port, railroad switching yard, trucking terminal or other freight transportation facility;

      (i) A gas processing plant, including a plant used in the processing, treatment or fractionation of natural gas;

      (j) A transmission facility used by a federally licensed radio or television station;

      (k) A steelmaking facility that uses an electric arc furnace to make steel;

      (L) A dam that is classified as a high hazard by the Water Resources Department;

      (m) Any portion of an aboveground oil, gas or chemical pipeline that is enclosed by a fence or other physical barrier that is obviously designed to exclude intruders; or

      (n) A correctional facility or law enforcement facility.

      (2) Except as provided in subsection (3) of this section, a person commits a Class A violation if the person intentionally or knowingly:

      (a) Operates an unmanned aircraft system over a critical infrastructure facility at an altitude not higher than 400 feet above ground level; or

      (b) Allows an unmanned aircraft system to make contact with a critical infrastructure facility, including any person or object on the premises of or within the facility.

      (3) This section does not apply to:

      (a) The federal government.

      (b) A public body.

      (c) A law enforcement agency.

      (d) A person under contract with or otherwise acting under the direction or on behalf of the federal government, a public body or a law enforcement agency.

      (e) An owner or operator of the critical infrastructure facility.

      (f) A person who has the prior written consent of the owner or operator of the critical infrastructure facility.

      (g) The owner or occupant of the property on which the critical infrastructure facility is located.

      (h) A person who has the prior written consent of the owner or occupant of the property on which the critical infrastructure facility is located.

      (i) A person operating an unmanned aircraft system for commercial purposes in compliance with authorization granted by the Federal Aviation Administration. [2016 c.72 §13]

 

      Note: See note under 837.300.

 

      837.374 Reckless interference with aircraft; penalty. 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:

      (1) Direct a laser at an aircraft while the aircraft is in the air;

      (2) Crash into an aircraft while the aircraft is in the air; or

      (3) Prevent the takeoff or landing of an aircraft. [2016 c.72 §5]

 

      Note: See note under 837.300.

 

(Civil Remedies)

 

      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]

 

      Note: See note under 837.300.

 

      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:

      (a) The operator of the unmanned aircraft system has flown the unmanned aircraft system over the property on at least one previous occasion; and

      (b) The person notified the owner or operator of the unmanned aircraft system that the person did not want the unmanned aircraft system flown over the property.

      (2) A person may not bring an action under this section if:

      (a) The unmanned aircraft system is lawfully in the flight path for landing at an airport, airfield or runway; and

      (b) The unmanned aircraft system is in the process of taking off or landing.

      (3) A person may not bring an action under this section if the unmanned aircraft system is operated for commercial purposes in compliance with authorization granted by the Federal Aviation Administration. This subsection does not preclude a person from bringing another civil action, including but not limited to an action for invasion of privacy or an action for invasion of personal privacy under ORS 30.865.

      (4) A prevailing plaintiff may recover treble damages for any injury to the person or the property by reason of a trespass by an unmanned aircraft system as described in this section, and may be awarded injunctive relief in the action.

      (5) A prevailing plaintiff may recover attorney fees under ORS 20.080 if the amount pleaded in an action under this section is $10,000 or less.

      (6) The Attorney General, on behalf of the State of Oregon, may bring an action or claim for relief alleging nuisance or trespass arising from the operation of an unmanned aircraft system in the airspace over this state. A court shall award reasonable attorney fees to the Attorney General if the Attorney General prevails in an action under this section. [2013 c.686 §15; 2015 c.315 §11; 2016 c.72 §10]

 

      Note: See note under 837.300.

 

(Preemption)

 

      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]

 

      Note: See note under 837.300.

 

(Armed Forces of the United States)

 

      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]

 

      Note: See note under 837.300.

 

PENALTIES

 

      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.

      (2) The offense described in ORS 837.080, prohibited operation of an aircraft, is a Class B misdemeanor. [Formerly 493.991; 1999 c.1051 §115; 2005 c.75 §5; 2007 c.71 §248]

 

      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:

      (a) Fire a bullet or other projectile at an aircraft while the aircraft is in the air;

      (b) Direct a laser at an aircraft while the aircraft is in the air; or

      (c) Crash into an aircraft while the aircraft is in the air.

      (2) 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, commits a Class C felony. [2013 c.686 §13; 2015 c.315 §13]

 

      Note: See note under 837.300.

 

      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.

      (2) The director may impose a civil penalty not to exceed $2,500 for violation of ORS 837.080 or any rule adopted, or order issued, under this chapter to enforce ORS 837.080.

      (3) The director shall impose civil penalties under this section in the manner provided in ORS 183.745. [2013 c.403 §2]

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