73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
Enrolled
House Bill 2068
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Oregon Department of Aviation)
CHAPTER ................
AN ACT
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. - }
Enrolled House Bill 2068 (HB 2068-A) Page 1
{ - (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:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_________________________________________________________________
AIRCRAFT CLASSIFICATION
AND FEE SCHEDULE
Enrolled House Bill 2068 (HB 2068-A) Page 2
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Single engine fixed wing $50
Multiengine fixed wing, pist75
Multiengine fixed wing, tur100rop
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
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ - (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.
Enrolled House Bill 2068 (HB 2068-A) Page 3
(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. - }
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Enrolled House Bill 2068 (HB 2068-A) Page 4
Passed by House March 7, 2005
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 6, 2005
...........................................................
President of Senate
Enrolled House Bill 2068 (HB 2068-A) Page 5
Received by Governor:
......M.,............., 2005
Approved:
......M.,............., 2005
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2005
...........................................................
Secretary of State
Enrolled House Bill 2068 (HB 2068-A) Page 6