justicedao/ipfs_state_laws huggingface dataset:
738-050-0020 Landing and Take-Off (1) Fixed-wing traffic shall land and depart from paved runway surfaces only. (2) Landings and take-offs shall normally be made on the runway most nearly aligned with the wind indicator. If wind is calm, runway 17 is designated as the preferred runway. (3) Mid-point intersection take-offs are prohibited. Aircraft shall not enter the runway at any point other than the end. (4) After landing, all aircraft shall clear the runway as soon as practical with no 180 degree turns permitted on the runway. (5) Landings and/or take-offs from opposite ends of the runway at the same time are prohibited. (6) Side-by-side or formation take-offs shall be considered as a special event and shall require prior approval by the Director of the Oregon Department of Aviation (Department) on a case-by-case basis. Statutory/Other Authority: ORS 184, 835 & 836 Statutes/Other Implemented: ORS 836.095 & 836.505 History: AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02 AERO 3-1989, f. & cert. ef. 9-20-89 Reverted to 1AD 1-1982, f. & ef. 4-20-82 AERO 1-1989(Temp), f. & cert. ef. 2-21-89 1AD 1-1982, f. & ef. 4-20-82 1AD 4-1981(Temp), f. & ef. 8-21-81
738-050-0030 Airport Traffic Patterns (1) Pilots shall fly the traffic pattern designated for this airport. Agricultural applicator aircraft may deviate from the traffic pattern only in accordance with FAR 137.45, dated November 1974, as amended, provided such deviation does not conflict with any other traffic operating at the airport. (2) The standard traffic pattern for fixed-wing aircraft at this airport is: (a) A standard left-hand rectangular pattern as depicted in Figure 2; (b) A standard altitude of 1,000 feet above ground level on entry and downwind legs; (c) Maintain pattern altitude until abeam approach end of the landing runway, on downwind leg; (d) Complete turn to final approach at least 1/4 mile from the approach end of the runway; (e) On take-off, continue straight ahead until beyond departure end of runway: (A) If remaining in the traffic pattern, commence turn to crosswind leg beyond the departure end of the runway, within 300 feet of the pattern altitude (900 feet MSL); (B) If departing the traffic pattern, exit with a 45 degree left turn beyond the departure end of the runway after reaching pattern altitude. Straight out departures to the south are permitted. (3) All aircraft approaching to determine airport conditions shall remain at least 500 feet above pattern altitude (1,700 feet MSL). (4) Helicopters shall operate 500 feet below (700 feet MSL) and perpendicular to pattern prescribed for fixed-wing aircraft. (5) Straight-in or non-prescribed turns to final are discouraged. (6) Pilots of approaching aircraft with two-way radio communication shall contact UNICOM on 122.7 mhz prior to entering the traffic area, and monitor that frequency throughout the approach: (a) If unable to contact UNICOM or otherwise determine the flow of traffic, pilots shall overfly the field to determine the active runway; (b) If unable to communicate with UNICOM operator, pilots of radio-equipped aircraft shall blind-broadcast position and intentions at appropriate points. (7) Runway 35 is the designated calm-wind runway. [ED. NOTE: Figures referenced are available from the agency.] Statutory/Other Authority: ORS 184, 835 & 836 Statutes/Other Implemented: ORS 836.095 & 836.505 History: 1AD 1-1982, f. & ef. 4-20-82 1AD 4-1981(Temp), f. & ef. 8-21-81
738-050-0040 Helicopters (1) Approaches and departures shall not exceed 700' MSL. (2) Land and take-off only in areas designated for helicopter use. Training activities may be conducted on runway using fixed-wing traffic pattern provided that no conflict with fixed-wing traffic is generated. (3) Avoid hovering near fixed-wing aircraft. (4) Remain clear of persons, vehicles and buildings so as not to endanger or interfere with persons or property. Statutory/Other Authority: ORS 184, 835 & 836 Statutes/Other Implemented: ORS 836.095 & 836.505 History: 1AD 1-1982, f. & ef. 4-20-82 1AD 4-1981(Temp), f. & ef. 8-21-81
738-050-0050 Gliders Comply with standard traffic pattern when not on tow. Statutory/Other Authority: ORS 184, 835 & 836 Statutes/Other Implemented: ORS 836.095 & 836.505 History: 1AD 1-1982, f. & ef. 4-20-82 1AD 4-1981(Temp), f. & ef. 8-21-81
738-050-0060 Balloons, Parachutists Because of normal air traffic density and congestion, balloon and parachuting activities generally are prohibited on or above the airport. Such operations may be permitted as part of special events, such as Air Fairs with prior approval of the Director of the Department. Statutory/Other Authority: ORS 184, 835 & 836 Statutes/Other Implemented: ORS 836.095 & 836.505 History: AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02 1AD 1-1982, f. & ef. 4-20-82 1AD 4-1981(Temp), f. & ef. 8-21-81
738-050-0070 Ultralight Aircraft (1) An ultralight aircraft is any of that class of lightweight aircraft either not currently certificated by the Federal Aviation Administration or, if certificated, having an empty weight of less than 220 pounds; and, not otherwise exempt from registration under the laws of this state. (2) Until further notice, operation of an ultralight aircraft at Aurora State Airport shall be considered a special event and shall require the prior approval of the Director of the Department. (3) In determining whether ultralight operations should be allowed at the airport, the Director of the Department will consider, but is not limited to, the following criteria: (a) Proposed ultralight activities and schedule; (b) Anticipated traditional air traffic operations; (c) Weather conditions; (d) Other special events. Statutory/Other Authority: ORS 184, 835 & 836 Statutes/Other Implemented: ORS 836.095 & 836.505 History: AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02 1AD 1-1982, f. & ef. 4-20-82 1AD 4-1981(Temp), f. & ef. 8-21-81
738-050-0080 Agricultural Application Such operations, whether performed by fixed-wing aircraft or helicopters, shall load and service in those areas of the airport designated for that purpose. Statutory/Other Authority: ORS 184, 835 & 836 Statutes/Other Implemented: ORS 836.095 & 836.505 History: 1AD 1-1982, f. & ef. 4-20-82 1AD 4-1981(Temp), f. & ef. 8-21-81
738-050-0090 Miscellaneous (1) Motor vehicles shall not be operated on the runway or parallel taxiway without specific prior authorization by the Director of the Department. (2) All users of the airport are requested to report any observed act by any person which is considered to be unsafe or a violation of these rules. (3) All lessees at the airport having contracts with the Department for commercial operations (Fixed Base Operators) shall develop procedures for dealing with emergency situations involving aircraft. Statutory/Other Authority: ORS 184, 835 & 836 Statutes/Other Implemented: ORS 836.095 & 836.505 History: AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02 1AD 1-1982, f. & ef. 4-20-82
738-060-0020 General Requirements All dealers in new or used aircraft shall apply to the Oregon Department of Aviation for an Aircraft Dealer’s License pursuant to ORS 837.075(1): (1) Upon receipt of a completed application accompanied by the statutorily required fee, the Department shall issue an Aircraft Dealer’s License to the applicant. (2) The license shall be for a calendar year or any portion thereof and shall expire on December 31. There shall be no proration of the fee for a partial period. (3) Applicants for Aircraft Dealer License in Oregon shall have a valid FAA Dealer Aircraft Registration Certificate. (a) ODAV will deny an application for Aircraft Dealer License without proof of a valid and current FAA Dealer Aircraft Registration Certificate. (b) ODAV will cancel an Aircraft Dealer License at any time the licensee no longer holds an FAA Dealer Aircraft Registration Certificate. Statutory/Other Authority: ORS 184, 835 & 837 Statutes/Other Implemented: ORS 837.075 History: AVIA 1-2023, amend filed 04/27/2023, effective 04/27/2023 1AD 1-1983, f. & ef. 2-14-83
738-060-0030 Application and Fee (1) The license renewal application is due and the fee is payable on January 1 of each year: (a) Either the application and fee for an aircraft dealer’s license or an individual registration application for each aircraft in possession of an aircraft dealer, and kept solely for sale, must be received by the Department prior to March 1 of each year. Failure to submit the application and fee for a dealer’s license or to submit an individual application and fee for each aircraft prior to March 1 shall result in each aircraft in possession of the dealer and not registered prior to March 1, becoming subject to both the registration fee and a penalty equal to the registration fee. Both the registration fee and any penalty must be received by the Department before the aircraft can be registered. Failure to register an aircraft subjects the owner to the penalty cited in ORS 837.990(3); (b) A person, business or corporate entity who becomes an aircraft dealer on or after March 1 of any year shall forward an application and fee for an Aircraft Dealer’s License within 60 days of becoming an aircraft dealer, but in no instance may there be a sale of an aircraft before obtaining any Aircraft Dealer’s License. (2) The application for an Aircraft Dealer’s License shall be on a form prescribed by the Department and shall include the following information: (a) Name, place of business and telephone number of dealership; (b) Name, address and telephone number of owner; (c) Identifying number, manufacturer and name of each aircraft to be covered by the dealer’s license, including: (A) Registration number for those aircraft certificated by the Federal Aviation Administration; or (B) Serial number for ultralight aircraft. (d) Certification that applicant will comply with all requirements of this rule. (3) A list of aircraft covered by the license must accompany the application. Statutory/Other Authority: ORS 184, 835 & 837 Statutes/Other Implemented: ORS 837.075 History: AERO 3-1987, f. & ef. 12-15-87 1AD 1-1983, f. & ef. 2-14-83
738-060-0040 Licensing Procedures Processing of application by the Department: (1) The aircraft dealer shall be considered licensed as soon as the completed application and fee has been accepted by the Department. (2) The license shall be sent to the aircraft dealer as soon as possible after acceptance of the application. (3) The license covers only aircraft held for sale by the dealer. These aircraft cannot be used commercially, but may only be flown to demonstrate the aircraft on a non-commercial basis. Any aircraft owned by the dealer and used commercially (i.e. instruction, rental or charter) must be individually registered with the Department. Statutory/Other Authority: ORS 184, 835 & 837 Statutes/Other Implemented: ORS 837.075 History: AVIA 1-2023, amend filed 04/27/2023, effective 04/27/2023 1AD 1-1983, f. & ef. 2-14-83
738-060-0050 Dealer Responsibilities (1) Dealer must submit a quarterly report to the Department giving the changes to those aircraft covered by the license and adding new aircraft if appropriate. Reports are due by the 15th of the month following the calendar quarter. Quarterly reports shall be submitted by the following due dates: Quarter 1 (January-March) due April 15, Quarter 2 (April-June) due July 15, Quarter 3 (July-September) due October 15, and Quarter 4 (October-December) due January 15. This report shall include: (a) N number and type of aircraft sold the previous month including the name, address and telephone number of the buyer; (b) N number and type of aircraft withdrawn from the license for reasons other than sale, and including the reason for withdrawal; (c) N number and type of aircraft added to coverage of license, including name and address of last owner. (2) Upon the sale of any aircraft, the dealer shall: (a) Advise the purchaser, pursuant to ORS 837.075(3), of the requirement to register aircraft with the Department in accordance with ORS 837.040 to 837.075 and furnish the purchaser with the appropriate registration application; (b) Notify the Director of the Department, within ten days of the sale, giving the name and address of purchaser and a brief description of the aircraft sold, sufficiently detailed for identification. Statutory/Other Authority: ORS 184, 835 & 837 Statutes/Other Implemented: ORS 837.075 History: AVIA 1-2023, amend filed 04/27/2023, effective 04/27/2023 AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02 AERO 3-1987, f. & ef. 12-15-87 1AD 1-1983, f. & ef. 2-14-83
738-060-0060 Individual Registration Nothing in this rule or in ORS 837.075 prohibits the registering of a dealer’s aircraft individually under ORS 837.040. Statutory/Other Authority: ORS 184, 835 & 837 Statutes/Other Implemented: ORS 837.075 History: 1AD 1-1983, f. & ef. 2-14-83
738-060-0070 Penalties Violations of ORS 837.075 or this rule are subject to the penalties established under ORS 837.100 and 837.990. Statutory/Other Authority: ORS 184, 835 & 837 Statutes/Other Implemented: ORS 837.990 History: 1AD 1-1983, f. & ef. 2-14-83
738-070-0010 General Information (1) Senate Bill 47, passed by the 1981 Legislature, became law on November 1, 1981, as Chapter 553, Oregon Laws 1981 and codified as ORS 836.530. This authorizes the Director of the Department to adopt rules defining physical hazards to air navigation within Oregon and determine whether specific types or classes of objects or structures constitute hazards. It further authorizes the establishment of standards for lighting or marking objects or structures that constitute hazards to air navigation in this state. (2) In accordance with these rules, the Director shall: (a) Determine whether specific objects or structures constitute a hazard to air navigation; (b) Issue orders to require that specific objects or structures determined to be hazards to air navigation be marked or lighted; (c) Determine responsibility for installation and maintenance of lighting or marking of specific objects or structures that constitute hazards to air navigation. (3) In conformance with the statutory provision, these rules and standards are designed to be no more restrictive than current federal norms, including, but not limited to, regulations and circulars, pertaining to objects affecting navigable airspace. (4) Any person or entity required to comply with an order issued under these rules may contest the order as provided under ORS 183.310 to 183.500. (5) Failure to comply with an order issued under this rule is subject to the penalties stated in ORS 837.990. (6) Under this rule, the Director may make an independent judgment as to whether specific objects or structures constitute a hazard to air navigation in Oregon; determine whether such objects or structures shall be marked or lighted and; determine responsibility for installation and maintenance of such marking and lighting. While the rules and standards adopted herein are "limited to and shall not be more restrictive than current federal norms,..." nothing in the law or these rules shall prohibit the Director from making an independent judgment or decision that may differ from the judgment or decision made by the Federal Aviation Administration on the same object or structure using FAA regulations, circulars or other publications as a basis for such finding. Statutory/Other Authority: ORS 184, 835 & 836 Statutes/Other Implemented: ORS 836.530 History: AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02 1AD 2-1983, f. & ef. 2-14-83
738-070-0020 Scope of Rule (1) Establishes and adopts standards for determining obstructions in navigable airspace. (2) Sets forth the requirements for notice to the Director of certain proposed construction or alteration. (3) Provides for aeronautical studies of obstructions to air navigation, to determine their effect on the safe and efficient use of airspace. (4) Provides for public hearings on the hazardous effect of proposed construction or alteration on air navigation. (5) Establishes standards for determining requirements for marking and lighting of obstructions to navigable airspace. (6) Establishes standard methods of marking and lighting obstructions to navigable airspace. (7) Establishes standards for determining responsibility for installation and maintenance of marking or lighting specific objects or structures that constitute hazards to air navigation. (8) Sets forth penalties for failure to comply with an order issued under this rule. Statutory/Other Authority: ORS 184, 835 & 836 Statutes/Other Implemented: ORS 836.530 History: AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02 1AD 2-1983, f. & ef. 2-14-83
738-070-0040 Standards The standards established in this rule for determining obstructions to air navigation are used by the Director in: (1) Imposing requirements for notice of the construction or alteration of any structure when such structure can pose a hazard to air navigation in Oregon. (2) Determining if specific objects or structures constitute a hazard to air navigation. (3) Determining the need to light and/or mark objects or structures that may derogate safety to air navigation. (4) Determining responsibility for installation of lighting and/or marking of appropriate objects and structures. Statutory/Other Authority: ORS 184, 835 & 836 Statutes/Other Implemented: ORS 836.530 History: AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02 1AD 2-1983, f. & ef. 2-14-83
738-070-0050 Kind of Objects Affected This rule applies to: (1) Any object of natural growth, terrain, or permanent or temporary construction or alteration, including equipment or materials used therein, and apparatus of a permanent or temporary character; and (2) Alteration of any permanent or temporary existing structure by a change in its height (including appurtenances), or lateral dimensions, including equipment or materials used therein, and apparatus of a permanent or temporary character. Statutory/Other Authority: ORS 184, 835 & 836 Statutes/Other Implemented: ORS 836.530 History: 1AD 2-1983, f. & ef. 2-14-83
738-070-0060 Notice of Construction or Alteration (1) This rule requires each person proposing any kind of construction or alteration described in OAR 738-070-0070 to give adequate notice to the Director. It specifies the locations and dimensions of the construction or alteration for which notice is required and prescribes the form and manner of the notice. It also requires supplemental notices 48 hours before the start and upon the completion of certain construction or alteration that was the subject of a notice under OAR 738-070-0070. (2) Notices received under this rule provide a basis for: (a) Evaluating the effect of the construction or alteration on operational procedures and proposed operational procedures; (b) Determinations of the possible hazardous effect of the proposed construction or alteration on air navigation; (c) Determinations for identifying the construction or alteration to be marked or lighted in accordance with the Federal Aviation Administration Advisory Circular AC 70/7460-1F entitled Obstruction Marking and Lighting and dated September 27, 1978; (d) Determining other appropriate measures to be applied for continued safety of air navigation; and (e) Notification to pilots of the construction or alteration. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 184, 835 & 836 Statutes/Other Implemented: ORS 836.530 History: AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02 1AD 2-1983, f. & ef. 2-14-83
738-070-0080 Form and Time of Notice (1) Each person who is required to notify the Director under OAR 738-070-0060 shall send one executed form set (four copies) of FAA Form 7460-1, Notice of Proposed Construction or Alteration, to the Oregon Department of Aviation. Copies of FAA Form 7460-1 may be obtained from the headquarters of the FAA and its regional offices or the Department. (2) The notice required under OAR 738-070-0060 must be submitted at least 30 days before the earlier of the following dates: (a) The date the proposed construction or alteration is to begin; (b) The date an application for a construction permit is to be filed. (3) A proposed structure or an alteration to an existing structure that exceeds 2,000 feet in height above the ground will be presumed to be a hazard to air navigation and to result in an inefficient utilization of airspace and the applicant has the burden of overcoming that presumption. Each notice submitted under the pertinent provisions of Federal Aviation Regulation (FAR) Part 77 proposing a structure in excess of 2,000 feet above ground, or an alteration that will make an existing structure exceed that height, must contain a detailed showing, directed to meeting this burden. Only in exceptional cases, where the Department concludes that a clear and compelling showing has been made that it would not result in an inefficient utilization of the airspace and would not result in a hazard to air navigation, will a determination of no hazard be issued. (4) In the case of an emergency involving essential public services, public health, or public safety, that requires immediate construction or alteration, the 30 day requirement in section (2) of this rule does not apply and the notice may be sent by telephone, telegraph, or other expeditious means, with an executed FAA Form 7460-1 submitted within five days thereafter. Statutory/Other Authority: ORS 184, 835 & 836 Statutes/Other Implemented: ORS 836.530 History: AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02 1AD 2-1983, f. & ef. 2-14-83
738-070-0090 Acknowledgment of Notice (1) Within 20 working days, the Department will acknowledge receipt in writing of each notice submitted under OAR 738-070-0070. (2) If the construction or alteration proposed in a notice is one for which lighting or marking standards are prescribed in the FAA Advisory Circular AC 70/7460-1F entitled Obstruction Marking and Lighting, dated September 27, 1978, the acknowledgment will contain a statement to that effect and information on how the structure should be marked and lighted in accordance with the Advisory Circular. (3) The acknowledgment will state that an initial or preliminary aeronautical study of the proposed construction or alteration has resulted in a determination that the construction or alteration: (a) Would not exceed any standard of OAR 738-070-0100 and would not be a hazard to air navigation; (b) Would exceed a standard of OAR 738-070-0100 but would not be a hazard to air navigation; or (c) Would exceed a standard of OAR 738-070-0100 and further aeronautical study is necessary to determine whether it would be a hazard to air navigation, that the sponsor may request in writing within 30 days such further study, and that, pending completion of any further study, it is presumed the construction or alteration would be a hazard to air navigation. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 184, 835 & 836 Statutes/Other Implemented: ORS 836.530 History: 1AD 2-1983, f. & ef. 2-14-83