Chapter 75 Oregon Laws 2005

AN ACT

HB 2068

Relating to aircraft registration; amending ORS 837.005, 837.040, 837.045, 837.060 and 837.990.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 837.005 is amended to read:

837.005. 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; [, and]

(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; [such] or

(4) Classes of aircraft [as may be] designated as exempt by rules [and regulations of the Oregon Department of Aviation] adopted by the State Aviation Board.

[(2) Aircraft owned by a nonresident of this state until such aircraft has been within Oregon for a period of 60 days and, during such period, has not engaged in repeated air transportation of persons, or property or for providing services for compensation within the state.]

SECTION 2. ORS 837.040 is amended to read:

837.040. [Except as exempted by ORS 837.005 and except for aircraft subject to assessment and taxation under ORS 308.558, every resident owner of any civil aircraft, physically capable of operation or flight as determined by the Director of the Oregon Department of Aviation, when such aircraft is located in this state or before it is operated or flown over the lands or waters of this state, even though the aircraft has an appropriate effective certificate, permit or license issued by the United States, if such certificate, permit or license is required by the United States, shall cause to be filed with the Oregon Department of Aviation, an application for registration of the aircraft, duly signed by the owner, on a blank or blanks to be supplied by the department for such purpose, containing:]

[(1) The name, residence and business address of the owner of the aircraft.]

[(2) The name of the county in which the owner resides.]

[(3) A brief description of the aircraft sufficiently explicit for identification thereof.]

(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.

SECTION 3. ORS 837.045 is amended to read:

837.045. (1) The [annual] registration fee to be paid [by owners] under ORS 837.040, [shall be paid to the Oregon Department of Aviation for each aircraft for which application for registration is made, and shall be] 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 $ 50

Multiengine fixed wing, piston 75

Multiengine fixed wing, turboprop 100

Turbojet fixed wing 162

Helicopter piston engine 50

Helicopter turbine engine 100

Lighter than air, home built,

sailplane, experimental or gyrocopter 37

Ultralight aircraft 25

Ex-military multiengine or turbojet/

ex-air carrier 187

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[(2) Any aircraft subject to registration the previous year is subject to registration on the anniversary of the date referred to in ORS 837.060, unless otherwise exempt. Failure to register the aircraft prior to the registration anniversary requires the payment of both the registration fee and a penalty as provided in subsection (3) of this section before registration is complete.]

[(3) An aircraft which becomes subject to registration under ORS 837.040 in the current year shall be registered within 60 days of the date the aircraft becomes subject to registration; provided, that aircraft engaging in commercial operations must be registered as provided in ORS 837.040 prior to any repeated flight in such commercial operations. Failure to register said aircraft within 60 days requires the payment of both the registration fee and a penalty before registration is complete. However, if the registration is postmarked within 65 days of the date the aircraft becomes subject to registration, no penalty shall be assessed. If the registration is postmarked within 90 days of the date the aircraft becomes subject to registration, a penalty equal to 50 percent of the registration fee shall be assessed. If the registration is postmarked more than 90 days after the date the aircraft becomes subject to registration, a penalty equal to the registration fee shall be assessed.]

[(4)] (2) Any registration fees and penalties due in [the] a previous year but not paid [shall] remain due and payable [in the subsequent year,] and may be collected by the Oregon Department of Aviation prior to renewal of registration of [such] the aircraft in the current year.

SECTION 4. ORS 837.060 is amended to read:

837.060. (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. [, in effect on or prior to October 4, 1997, shall expire on the anniversary of the date of manufacture of each year and shall be renewed annually in the same manner as an original application for registration and upon the payment of the fee required by ORS 837.045. All renewals shall be made during the month of the anniversary of the date of manufacture of each year.]

[(2) All registrations under ORS 837.040 initially issued after October 4, 1997, shall expire on the anniversary of the date the aircraft became subject to registration and shall be renewed annually in the same manner as an original application for registration and upon the payment of the fee required by ORS 837.045.]

[(3) Notwithstanding ORS 837.045, with regard to renewal of aircraft registration:]

[(a) If the renewal application is postmarked within five days of the date the registration expired, no penalty shall be assessed.]

[(b) If the renewal application is postmarked within 30 days of the date the registration expired, a penalty equal to 50 percent of the registration fee shall be assessed.]

[(c) If the renewal application is postmarked more than 30 days after the date the registration expired, a penalty equal to the registration fee shall be assessed.]

SECTION 5. ORS 837.990 is amended to read:

837.990. (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 [and ORS chapters 835 and 836, except those provisions governing official regulatory actions of governmental bodies,] or any rule adopted, or order issued, under this chapter [thereunder].

(2) The offense described in ORS 837.080, prohibited aircraft operation, is a Class B misdemeanor.

[(3) A person commits the offense of failure to register if the person fails to register an aircraft as required by ORS 837.040.]

Approved by the Governor May 25, 2005

Filed in the office of Secretary of State May 25, 2005

Effective date January 1, 2006

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