justicedao/ipfs_state_laws huggingface dataset:
738-035-0010 Application of Operating Minimum Standards (1) Existing operators with current agreements executed prior to February 1, 2003, shall not be required to conform to these minimum standards until renewal of their agreement with the Department; however, any exempt operator may voluntarily elect to comply with these operating minimum standards in advance of their renewal date. (2) Existing operators who are unable to meet the requirements of these minimum standards at the time of their agreement renewal shall submit a written plan outlining a specific timeline for their full compliance with the minimum standards. The Director, or the Director’s designee, must approve the compliance plan prior to renewal of the agreement. (3) These operating minimum standards are deemed to be part of each commercial operator’s agreement with the Department, whether or not expressly set forth in their written agreement, with the exception of those specific instances when provisions are expressly waived or modified in writing by the Director or the Director’s designee. The omission of a specific reference to any particular minimum standard in an operator’s written agreement with the Department shall not constitute a waiver or modification of these operating minimum standards. (4) If a commercial operator conducts multiple aeronautical activities under a single written agreement with the Department, that operator shall comply with the minimum standards established for each separate activity or SASO. If the minimum standards for one aeronautical activity are inconsistent with the minimum standards for another, then the stricter or higher standard shall apply to all aeronautical activities of that operator. (5) Activities with no specific minimum standards in these rules shall be addressed by the Department on a case-by-base basis in the commercial operator’s written lease, license, permit or agreement. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 835.035, 835.040, 835.112 & 836.055 History: AVIA 1-2003, f. 2-24-03, cert. ef. 3-1-03
738-035-0015 Authorization for Commercial Activity on State-Owned Airport Property (1) The Oregon Department of Aviation has authority to authorize commercial aeronautical activity on State-owned airport property. (2) When the Department determines that a person or entity is engaged in, or proposes to engage in, commercial activity at a State-owned airport, the Department may grant that person or entity permission to do so, may issue that person or entity a permit with restrictions or conditions, may require the person or entity to enter a lease or agreement with the Department, or may deny such permission. (3) The Department shall consider the following criteria in determining if an operator shall be authorized to conduct business: (a) The terms and conditions of any pre-existing commercial operators at the airport providing comparable services; (b) The impact of the proposed new commercial activity on public safety and convenience; (c) The amount of available space at the airport; (d) The customary uses of the airport; (e) Compatibility of the proposed new commercial activity with present and planned development at the airport; and (f) Compliance of the proposed activity with all federal, state and local laws and regulations, including land use regulations. (4) The Department may impose any conditions or restrictions necessary to ensure safety in the air and on the ground at the State-owned airport, including preservation of unobstructed traffic patterns and runway approaches. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 835.035, 835.040, 835.112 & 836.055 History: AVIA 1-2003, f. 2-24-03, cert. ef. 3-1-03
738-035-0020 Waiver or Modification of Operating Minimum Standards (1) The Director, or the Director’s designee, may waive or modify any portion of these operating minimum standards for the benefit of: (a) A government agency performing nonprofit public services; or (b) Fire protection or emergency response operations. (2) The Director, or the Director’s designee, may waive or modify any portion of these operating minimum standards for any person or entity when it is determined that such waiver is in the best interest of the public and will not result in unjust discrimination against other commercial aeronautical operators at the airport. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 835.035, 835.040, 835.112 & 836.055 History: AVIA 1-2003, f. 2-24-03, cert. ef. 3-1-03
738-035-0025 Review, Revisions and Amendments to Operating Minimum Standards The Department shall review these operating minimum standards at least once every two (2) years to determine whether changes in either the airport business or the regulatory environment necessitate amendment of these standards. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 835.035, 835.040, 835.112 & 836.055 History: AVIA 1-2003, f. 2-24-03, cert. ef. 3-1-03
738-035-0030 Enforcement The Department shall provide consistent, uniform, and fair enforcement of these minimum standards to accomplish the Department’s goals and promote successful commercial business operations at all State-owned airports. The Department may, therefore, provide in its written agreements any appropriate provisions to assist the Department in enforcing these operating minimum standards. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 835.035, 835.040, 835.112 & 836.055 History: AVIA 1-2003, f. 2-24-03, cert. ef. 3-1-03
738-035-0035 Commercial Business Employee Conduct at State-Owned Airports (1) All commercial operators at State-owned airports shall diligently provide consistently high quality, responsive and professional services that meet or exceed the needs of airport users. (2) Each commercial operator shall employ the quantity of trained, on-duty management and personnel necessary to ensure compliance with its obligations to provide courteous, efficient and safe services to all customers. (3) All personnel employed by any commercial operator shall meet all federal, state and local training requirements, and shall hold all appropriate certifications required for their duties. (4) No commercial operator shall do, or permit to be done, anything that may interfere with the effectiveness or accessibility of any: (a) Airport system; (b) Public utility system; (c) Drainage system; (d) Sewer system; (e) Fire protection system; (f) Sprinkler system; (g) Alarm system; or (h) Fire hydrant. (5) If any commercial operator discovers an event has occurred or a situation exists that interferes with the effectiveness or accessibility of any service described in paragraph (4) above, the commercial operator, or an employee of the operator, shall immediately notify the Department, and the local fire department or utility company or such other municipal or community services as are appropriate to effectively and immediately resolve the situation. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 835.035, 835.040, 835.112 & 836.055 History: AVIA 1-2003, f. 2-24-03, cert. ef. 3-1-03
738-035-0060 Minimum Standards for Mobile Service Providers (MSPs) at State-Owned Airports (1) Each MSP shall maintain a current Airport Operating Permit (AOP) issued by the Department. All AOPs must be renewed annually and accompanied by the fee designated in OAR 738-010, the Rates and Charges rule. (2) Each MSP shall maintain a current written statement of names, addresses and contact information for all personnel responsible for the operation and management of the MSP, and shall provide the Department with updated copies. (3) Each MSP shall meet all State of Oregon insurance requirements and shall maintain the specific types and amounts of insurance as specified in their agreement with the Department. (4) Each MSP shall employ a sufficient number of qualified personnel to meet these Minimum Standards for each aeronautical service provided; however, multiple responsibilities may be assigned to any qualified employee, where feasible. (5) Each MSP that operates aircraft shall ensure that all aircraft and pilots are registered with the Department in compliance with Oregon aircraft and pilot registration laws. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 835.035, 835.040, 835.112 & 836.055 History: AVIA 1-2003, f. 2-24-03, cert. ef. 3-1-03
738-035-0065 Minimum Standards for Commercial Self-Fueling Services at State-Owned Airports (1) All commercial self-fueling operators situated on any State-owned airport must be an FBO, as defined in OAR 738-035-0035. All commercial self-fueling operators shall apply to the Department and receive written approval before commencing operations. The Department reserves the right to grant or deny authorization for a commercial self-fueling operation at a State-owned airport. (2) Each commercial self-fueling operator shall provide, at a minimum, 100LL aviation gasoline. (3) All commercial self-fueling products, dispensing equipment and fuel storage shall meet all applicable federal, state and local regulations and requirements regarding safety, testing, filtering, inventory management and quality assurance. (4) Only those locations on the airport that have been designated by the Department as temporary or permanent fuel storage areas shall be used for storing aviation fuels. (5) Each commercial self-fueling operator shall comply with all federal, state and local environmental laws, ordinances and regulations. (6) Each commercial self-fueling operator shall provide the Department with a copy of its current fuel spill prevention, countermeasures and control plan, which must include methods and procedures to prevent, control and clean up a fuel spill on airport property. (7) Each FBO authorized to install and maintain self-fueling equipment shall provide monthly fuel inventory reconciliation reports to the Department, listing the total amounts of fuel dispensed to all aircraft. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 835.035, 835.040, 835.112 & 836.055 History: AVIA 1-2003, f. 2-24-03, cert. ef. 3-1-03
738-035-0070 Compliance with Operating Minimum Standards by Through-The-Fence Operators at State-Owned Airports (1) The Department is obligated, on behalf of the aviation system of Oregon and the State-owned airports held in the state inventory, to regulate all aeronautical activities on property that accesses the State-owned land for landing and takeoff of aircraft. Therefore, the Department shall require any person or entity conducting commercial aeronautical activities at a State-owned airport by an access or through-the-fence agreement to comply fully with these operating minimum standards. (2) If a person or entity has an existing access agreement with the Department, already in effect on February 1, 2003, that person or entity is not subject to these operating minimum standards during the remaining period of the agreement; however, the minimum standards shall apply at the time that agreement is renewed and shall be clearly incorporated in any new agreement. (3) If a person or entity is performing through-the-fence commercial aeronautical activities without a current access agreement with the Department, that person or entity shall either: (a) Obtain an access agreement within thirty (30) calendar days of notification by the Department; or (b) Cease their access of State-owned airport property by the 30th day following notification by the Department. (4) Each application for a new access agreement on a State-owned airport shall include: (a) Proof of appropriate level of insurance; (b) A written plan indicating compliance with all laws and regulations; and (c) The identity and contact information for the individual who will be responsible for all aeronautical activities proposed in the proposed access agreement. (5) The Department shall consider and evaluate a new development application on a case-by-case basis, with consideration to airport safety and operating efficiency factors. (6) The Department retains the right to restrict or deny any access agreement if airport safety or efficiency is compromised by the existence of the proposed service or activity. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 835.035, 835.040, 835.112 & 836.055 History: AVIA 1-2003, f. 2-24-03, cert. ef. 3-1-03
738-035-0075 Exemption from Operating Minimum Standards for Flying Clubs at State-Owned Airports (1) All aircraft owned by a flying club must be vested in the name of the club or in its owners on a pro-rata basis. (2) The flying club shall not derive greater revenue from the use of the aircraft than the cost to operate, maintain, and replace or enhance the aircraft or fleet of aircraft. (3) A flying club has the right to fuel and maintain the club aircraft with its members, since it qualifies as an individual under the FAA grant assurances. (4) The regulation of flying clubs is not governed through these minimum standards, since flying clubs are not commercial aeronautical activities. (5) The Department may require a flying club to furnish documents, such as insurance policies, by-laws, meeting minutes and notifications, and a current roster of members, to ensure that the club remains a non-commercial and non-profit organization. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 835.035, 835.040, 835.112 & 836.055 History: AVIA 1-2003, f. 2-24-03, cert. ef. 3-1-03
738-040-0010 Purpose and Statutory Authority To regulate seaplane operations on certain waters of this state to ensure the safe operation of such aircraft in relation to marine craft and persons using the same waters: (1) ORS 184.619 pertaining to rulemaking authority. (2) ORS 835.035 pertaining to the general public interest, safety and the development and promotion of aeronautics. (3) ORS 835.080 directing the State Aviation Board to adopt rules governing seaplane safety and operations on state waters. Statutory/Other Authority: ORS 184.619, 835.035 & 835.080 Statutes/Other Implemented: ORS 835.035, 835.080 & 835.085 History: AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02 AERO 1-1997, f. & cert. ef. 2-28-97 1AD 5-1981, f. & ef. 11-18-81 1AD 3-1981, f. 7-23-81, ef. 8-1-81
738-040-0016 General Provisions (1) Division 40 rules are applicable to all seaplanes on state waters and waters of this state except when inconsistent with an applicable laws or regulations of an agency of the United States. (2) Given due regard for the suitability of any area for take off and landing in accordance with Federal Aviation Regulation 91.103, Seaplanes may land, take off or operate on waters of this state open to motorboats, unless specifically prohibited by division 40 rules or unless inconsistent with any applicable laws or regulations of an agency of the United States. These rules establish no priority or precedence for seaplane operations. All seaplane operators must exercise due caution and consideration for the other users of the water. (3) A seaplane, operating on the water and not in flight, is subject to, and must comply with all boating restrictions and regulations established for the particular body of water on which it is operating. (4) No political subdivision of this state may enact or enforce any law or other regulation pertaining to the operation of seaplanes on waters of this state (See OAR 738-040-0040 for the application for special regulations.). Statutory/Other Authority: ORS 184.619, 835.035 & 835.080 Statutes/Other Implemented: ORS 835.035, 835.080 & 835.085 History: AERO 1-1997, f. & cert. ef. 2-28-97
738-040-0018 Waters Closed to Seaplane Operation Except in an emergency, seaplanes shall not land, takeoff or operate on the following waters: (1) Any body of water designated as a state or federal Wilderness or Primitive area or Wildlife refuge. (2) Those waters listed in ORS 830.180 and in State Marine Board rules, OAR chapter 250, division 20, where motors are prohibited or that allow electric motors only. These restrictions are summarized and published in the “Oregon Boating Regulations” booklet available from the State Marine Board. (3) Other bodies of water as designated by special regulations and adopted in OAR chapter 738, division 40. (4) Those waters under federal jurisdiction that are closed to seaplane operations by federal regulations. (5) Privately owned bodies of water without the permission of the owner. Statutory/Other Authority: ORS 184.619, 835.035 & 835.080 Statutes/Other Implemented: ORS 835.035, 835.080 & 835.085 History: AERO 1-1997, f. & cert. ef. 2-28-97
738-040-0025 Equipment All seaplanes must be equipped as required by the regulations of the Federal Aviation Administration specifically for seaplanes that are in effect on November 1, 1996. Statutory/Other Authority: ORS 184.619, 835.035 & 835.080 Statutes/Other Implemented: ORS 835.035, 835.080 & 835.085 History: AERO 1-1997, f. & cert. ef. 2-28-97 1AD 5-1981, f. & ef. 11-18-81 1AD 3-1981, f. 7-23-81, ef. 8-1-81
738-040-0030 Operation (1) Each person operating an aircraft on the waters shall, insofar as possible, keep clear of all vessels and avoid impeding their navigation, and shall give way to any vessel or aircraft that is given the right-of-way by any of the following provisions of this section: (a) When aircraft, or an aircraft and a vessel, are on crossing courses, the aircraft or vessel to the other's right has the right-of-way; (b) When aircraft, or an aircraft and a vessel, are approaching head-on or nearly so, each shall alter its course to the right to keep well clear; (c) Each aircraft or vessel that is being overtaken has the right-of-way, and the one overtaking shall alter course to keep well clear; and (d) When aircraft, or an aircraft and a vessel, approach so as to involve risk of collision, such aircraft or vessel shall proceed with careful regard to existing circumstances, including the limitations of the respective craft. (2) Each person operating an aircraft on any water in the state shall observe these additional operational restrictions: (a) No seaplane shall be moored to any navigational aid placed by federal authority or by the State Marine Board; (b) No seaplane shall be anchored or moored in such a position as to obstruct a charted channel or other passageway ordinarily used by other watercraft; (c) No seaplane shall be operated in any water area that is clearly marked by buoys or other devices as a bathing or swimming area; (d) No seaplane shall tow any person or object at speeds greater than five (5) knots without an observer on board maintaining constant direct visual contact with the person or object being towed; (e) No person shall ride on the outside of a seaplane while the seaplane is taxiing at speeds greater than five (5) knots; (f) No seaplane shall accomplish any portion of its take off or landing run within 200’ of a public boat launching ramp or a boat moorage listed in the “Oregon Boating Facilities Guide,” a ferry landing or a designated and marked swimming area; and (g) No seaplane shall initiate a take off or landing run if that run can reasonably be expected to bring it within 100’ of a canoe, kayak, a water skier or a diver in the water marked by a flag. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 184.619, 835.035 & 835.080 Statutes/Other Implemented: ORS 835.035, 835.080 & 835.085 History: AERO 1-1997, f. & cert. ef. 2-28-97 1AD 5-1981, f. & ef. 11-18-81 1AD 3-1981, f. 7-23-81, ef. 8-1-81
738-040-0040 Application for Special Regulations (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 are not limited to, the establishment of limits on the areas of operations, hours and time of operations and the prohibition of seaplane landings and take offs. (2) Written application for special regulations shall be made through the Department for review and processing. The application shall clearly state the nature and scope of the existing conflict that requires the restriction of seaplane operations, and the seaplane restrictions requested. A description of the use patterns, existing boating regulations and history of the body of water shall be included as part of the application. (3) Within a reasonable time after receiving such application, the Department Director will investigate and analyze the proposal for the appropriateness and effectiveness of the proposed regulations. In evaluating the request, the Department may conduct an inspection of the site to document its physical attributes, and to collect other pertinent data. The Director will consider the following aspects (among others) of the proposal in arriving at a finding: (a) The general suitability and safety of the body of water for seaplane use, such as the physical layout and dimensions of the body of water, surrounding obstructions and hazards; (b) The traditional uses of the water in question; and (c) The nature and volume of others uses and seasonal use patterns. (4) The evaluation will be conducted in consultation with the Oregon State Marine Board. (5) After evaluating the application, the Director shall present the application and recommendations to the Board. The Director may recommend: (a) Denial of the application, if the proposed regulations are not justified; (b) Consideration of the application with amendments, if the requested seaplane restrictions are excessive; or (c) Consideration of the application as requested. (6) If the Board determines that special regulations may be appropriate, formal rule making in accordance with ORS 183, will be initiated to amend these rules. (7) In determining the appropriate regulations for seaplanes, the least restrictive solution consistent with safety will be sought. Outright seaplane prohibition will be reserved for only the most extreme situations of unusual and continuous congestion or the lack of physical suitability for seaplane operations. Normally, limits on the areas of operation or time or seasonal restrictions will be adequate to avoid conflict. Statutory/Other Authority: ORS 814.619, 835.035 & 835.080 Statutes/Other Implemented: ORS 835.035, 835.080 & 835.085 History: AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02 AERO 1-1997, f. & cert. ef. 2-28-97
738-050-0010 Taxiing (1) Aircraft shall be taxied at a safe and reasonable speed. (2) Before entering onto any runway or turning for take-off, operators shall ascertain that their right-of-way is unimpaired and there is no conflicting traffic. (3) For the purpose of engine runup, taxiing aircraft shall be stopped at the standard hold line marked by solid/broken yellow hold lines. No aircraft shall be moved onto the runway until clear and ready for take-off. (See Figure 1) [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