justicedao/ipfs_state_laws huggingface dataset:
856-016-0020 Inactive Status (1) Inactive status may be granted to state-licensed pilots who have provided notice in writing to the Board on the form provided by the Board. Inactive licensees may not engage in pilotage in the State of Oregon and must reactivate the license to return to grounds. (2) To reactivate a license from inactive status to active status, the pilot shall submit a written request on a form provided by the Board and signed by the applicant. (a) The pilot must provide documentation of meeting relicensing requirements described in OAR 856-016-0010 subsections (2) to (6) and pay the annual license fee in OAR 856-015-0045(1). (b) The pilot must provide documentation of completing continuing education activities which at a minimum meet the requirements described in OAR 856-016-0001 within the twelve (12) month period immediately preceding the requested date of reactivation. (c) A pilot shall take no fewer than two (2) trips for every 90 days on inactive status. Refamiliarization trips are taken under the supervision of an unlimited state-licensed pilot to re-familiarize the pilot with the pilotage ground. (d) A statement of the number of trips under the supervision of an unlimited state-licensed pilot that were taken to re-familiarize the pilot with the pilotage ground. (3) An individual whose state pilots license has expired may apply for inactive status within 24 months of license expiration. This section expires on December 31, 2026. Statutory/Other Authority: ORS 776 & ORS 670 Statutes/Other Implemented: ORS 776.115 & ORS 670.310 History: BMP 5-2026, adopt filed 01/09/2026, effective 01/09/2026
856-019-0005 Miscellaneous Reporting Obligations (1) Any licensee or trainee who has a post-incident, random or reasonable cause drug or alcohol test with results confirmed positive by a medical review officer must report the results in writing to the Board within 72 hours after receiving such results. (2) Any licensee or trainee who is arrested or cited for any alcohol or drug-related offense must report the arrest or citation in writing to the Board within 72 hours. Additionally, any licensee or trainee arrested or cited for any alcohol or drug-related offense must, within 72 hours, report in writing to the Board the ultimate resolution of the arrest or citation, whether by conviction, diversion, dismissal, acquittal or otherwise. (3) Any licensee or trainee who is convicted of any crime must report the conviction in writing to the Board within 5 days of receiving notice of such conviction. (4) Any licensee or trainee who has disciplinary action commenced against him or her, or against his or her license by the U.S. Coast Guard, must report such action in writing to the Board within 5 days of receiving notice of the initiation of such action by the U.S. Coast Guard. (5) Any licensee, upon notifying thieir associaiton of their intent to surrender their license or retire from a pilotage ground, shall notify the Board of their intended retirement or surrender date as soon as practical, but no later than the effective date of the expected license action. Statutory/Other Authority: 670 & ORS 776 Statutes/Other Implemented: ORS 776.115 & 670.310 History: BMP 1-2020, amend filed 02/04/2020, effective 02/04/2020 BMP 4-2018, renumbered from 856-010-0021, filed 04/25/2018, effective 04/25/2018 BMP 3-2011, f. 6-28-11, cert. ef. 6-29-11
856-019-0020 Failure to Report The license of any pilot who fails, neglects, or refuses to report to the Board or U.S. Coast Guard, as required by these rules for a period of ten days after the date required may be suspended; and if the pilot fails to report for a period of 30 days, the pilot shall be suspended. Statutory/Other Authority: ORS 776 Statutes/Other Implemented: ORS 776.115 History: BMP 4-2018, renumbered from 856-010-0025, filed 04/25/2018, effective 04/25/2018 BMP 2-2018, amend filed 03/20/2018, effective 03/20/2018 MP 1-1992, f. & cert. ef. 4-29-92 MP 2-1984, f. & ef. 10-4-84 PC 1, f. 10-29-57, ef. 7-1-57
856-019-0040 Complaint Process (1) Any person or entity may file a complaint with the Board regarding the conduct of a Board licensee or trainee. Such complaints shall be in writing, and include a detailed explanation of the conduct or events complained of. Anonymous complaints are disfavored, but allowed, provided that an explanation is offered of the reason why the complainant does not wish to be identified. Anonymity may limit the ability of the Board to investigate the complaint, and therefore anonymous complaints should allege facts sufficient to allow the Board, should it choose to investigate as provided in this section, to pursue an investigation without further communications with the complainant. (2) Each complaint shall be assigned a filing code, and then shall be directed to the Board or a committee designated by the Board Chair, with a copy provided to the licensee or trainee who’s conduct is the subject of the complaint. The Board or committee will review each complaint and shall, within 30 days of the date of filing, provide an initial response to the complainant, if identified, and the licensee or trainee, indicating whether an investigation will be undertaken. Every complaint and the Board's or committee’s initial response will be announced at the next regularly scheduled meeting of the Board. (3) If the Board or committee decides that an investigation should be undertaken, the Board or committee shall determine what resources will be necessary to complete the investigation, which may include, but are not limited to, assistance from the Board Executive Director, Board Administrator, independent investigators, or subject matter experts. The Board or committee may proceed with an initial investigation using such resources, provided that the Board may subsequently chose to expand or limit access to such resources. (4) The Board or committee shall, at each regularly scheduled meeting of the Board, report on the progress of any investigation it has in progress. (5) When the investigation is complete, the Board shall report in writing, or the committee shall report findings to the Board in writing. The Board shall then determine whether to commence a disciplinary or other action authorized by ORS Chapter 776 or the Board’s regulations. A copy of the findings shall be provided to the complainant, if known, and to the licensee or trainee whose conduct was the subject of the investigation. (6) Nothing in this section is intended to limit the Board’s authority to initiate and conduct investigations on the Board’s own motion, supported by any basis deemed adequate by the Board. Statutory/Other Authority: ORS 776 & 670 Statutes/Other Implemented: ORS 776.115 & 670.310 History: BMP 6-2018, renumbered from 856-010-0031, filed 04/25/2018, effective 04/25/2018 BMP 1-2018, amend filed 01/31/2018, effective 02/01/2018 BMP 1-2011, f. 6-28-11, cert. ef. 6-29-11
856-019-0050 Suspension, Revocation or Lapse of Federal License (1) The state license of any pilot whose federal license is revoked, suspended or refused renewal may be revoked, suspended or refused renewal. (2) The lapse of a federal license due to discipline shall be treated as a suspension for the purposes of this paragraph, and may subject the pilot to discipline by the Board. (3) At the Board's discretion, a suspended state pilot license may be reinstated upon restoration of the pilot's federal license, even when restoration of the federal license occurs prior to the end of the suspension period ordered for the state license. (4) A pilot whose license is suspended under this rule may apply to the Board for a review of the case while under suspension. If, upon review, the Board determines that circumstances warrant modification of the pilot's suspended status, the Board may order such modification as it deems appropriate. Statutory/Other Authority: ORS 670 & ORS 776 Statutes/Other Implemented: ORS 670.280, ORS 670.310 & ORS 776.115 History: BMP 4-2020, amend filed 05/14/2020, effective 05/14/2020 BMP 17-2018, minor correction filed 05/23/2018, effective 05/23/2018 BMP 5-2018, renumbered from 856-010-0035, filed 04/25/2018, effective 04/25/2018 BMP 3-2011, f. 6-28-11, cert. ef. 6-29-11 PC 1, f. 10-29-57, ef. 7-1-57; MP 5-1983, f. & ef. 12-15-83: MP 2-1984, f. & ef. 10-4-84; MP 3-1988, f. & cert. ef. 11-9-88; MP 1-1992, f. & cert. ef. 4-29-92; MP 1-1997(Temp), f. & cert. ef. 9-30-97
856-019-0060 Disciplinary Sanctions (1) Upon determination by the Board that a pilot is subject to discipline under OAR 856-019-0045, the Board may consider the following factors in determining the appropriate sanction to be imposed: (a) The nature of the violation; (b) The facts and circumstances of the violation; (c) The mental state of the pilot in committing the violation, e.g., whether the violation was intended or unintended; (d) The extent of the harm or injury caused by the violation or the potential for harm or injury; (e) Any aggravating or mitigating circumstances. (2) The Board may consider the following factors as aggravating circumstances when imposing a disciplinary sanction: (a) Prior disciplinary actions; (b) Dishonest or selfish motive; (c) A series of violations; (d) Multiple violations; (e) Failure to cooperate with the Board in the investigation and the disciplinary proceeding; (f) Submission of false testimony or evidence in the disciplinary proceeding; (g) Refusal to acknowledge the wrongful nature of the misconduct; (h) Substantial experience in pilotage; (i) Indifference to making restitution; (j) Any other aggravating circumstances. (3) The Board may consider the following factors as mitigating circumstances when imposing a disciplinary sanction: (a) Absence of prior disciplinary actions; (b) Absence of a dishonest or selfish motive; (c) Personal or emotional problems; (d) Timely good faith efforts to make restitution or to rectify the consequences of the misconduct; (e) Full and free disclosure to the Board in the investigation and the disciplinary proceeding; (f) Inexperience in pilotage; (g) Physical or mental impairment; (h) Single act of misconduct or previous misconduct remote in time from present offense; (i) Interim rehabilitation efforts between the time of the misconduct and Board proceeding; (j) Imposition of other penalties or sanctions by other authorities; (k) Remorse; (l) Any other mitigating circumstances. (4) The Board considers the following factors as being neither aggravating nor mitigating circumstances: (a) Absence of complaint regarding the violation; (b) Attempt by complainant to withdraw complaint; (c) Forced or compelled restitution; (d) Complainant’s recommendation regarding sanction. Statutory/Other Authority: ORS 776 Statutes/Other Implemented: ORS 776.115 History: BMP 18-2018, minor correction filed 05/23/2018, effective 05/23/2018 BMP 5-2018, renumbered from 856-010-0047, filed 04/25/2018, effective 04/25/2018 MP 1-1992, f. & cert. ef. 4-29-92
856-025-0001 Pilot Organization Bylaws Any pilot or organized group of pilots operating under the authority of ORS Chapter 776 and OAR chapter 856 shall maintain on file with the Board a current copy of their respective group’s bylaws and amendments. Hereafter, they shall file with the Board each new amendment adopted by their respective groups in order that the Board may be kept informed of pilot groups’ acts and activities. Statutory/Other Authority: ORS 776 Statutes/Other Implemented: ORS 776.115 History: BMP 5-2018, renumbered from 856-010-0050, filed 04/25/2018, effective 04/25/2018 MP 1-1992, f. & cert. ef. 4-29-92
856-025-0005 Delegations of Authority The Board delegates the following authority and responsibilities to carry out the mission of the agency: (1) To the Vice Chair – The authority to sign final orders when the Chair is absent. (2) To the Executive Director – (a) The authority to call meetings of the Oregon Board of Maritime Pilots in the absence of the Chair. (b) The authority to make jurisdictional decisions for complaints, where the Board has no jurisdiction in the subject matter of the complaint. The authority to close complaints without investigation, in instances when there is no Board statute, rule or order that could have been violated, even if all of the facts alleged in the complaint are true. (3) To the Administrator/Rules Coordinator – (a) Final filing authority on rules approved for notice that receive neither public comment nor a requires for hearing by the expiration of the public comment period, unless specifically excluded by the Board at the time of notice approval. (b) The authority to sign notices of proposed single-issue rate proceeding, and other proposed notices within the Board’s authority to issue, in the absence of the Executive Director. Statutory/Other Authority: 776.115 History: BMP 9-2023, adopt filed 11/14/2023, effective 11/14/2023
856-025-0010 Fatigue Mitigation Programs (1) Pilot organizations shall adopt and maintain fatigue management programs that are based on peer-reviewed science in the fields of occupational or sleep medicine and that, at a minimum: (a) Limit the number of continuous hours on duty; (b) Provide off-duty time sufficient for an adequate, continuous sleep opportunity at least once each 24 hour period; (c) Mitigate cumulative fatigue associated with work during successive circadian low periods; and (d) Limit the number of successive days on duty. (2) Pilot organizations shall submit copies of their fatigue management programs and any subsequent modifications of their programs to the Board. (3) Pilot organizations shall submit reports of the number of instances in which their members were out of compliance with each standard adopted in the organizations’ fatigue management programs pursuant to subsections (1)(a) though (d) of this section. The reports shall be submitted within 30 days following the close of each calendar quarter and include all piloting activity during the preceding quarter. The Board may periodically require a pilot organization to explain why the organization's fatigue standards have been exceeded. (4) Pilot organizations shall retain dispatching and other records of individual pilot times on and off duty used by pilot organizations for compiling the reports required by subsection (3) of this rule for a period of 60 months. This includes all written and electronic documentation used by the pilot organizations for the purposes set out above. Such records shall be provided to the Board in response to a Board request. Statutory/Other Authority: ORS 776 Statutes/Other Implemented: ORS 776.115 History: BMP 5-2018, renumbered from 856-010-0029, filed 04/25/2018, effective 04/25/2018 BMP 5-2016, f. & cert. ef. 7-22-16 BMP 1-2015, f. 4-2-15, cert. ef. 4-7-15
856-025-0015 Pilot Medical Oversight (1) A licensee may not pilot a vessel if any of the following conditions apply: (a) The physical health of a pilot is such that the pilot is not physically capable of competently exercising the license privilege and performing the work involved without creating an unreasonable risk of harm to the pilot or to the person or property of others; (b) The mental or emotional health of a pilot is such that the pilot is not competent to exercise the license privilege and is unable to perform the work involved without creating an unreasonable risk of harm to the pilot or to the person or property of others; (c) Within 12 hours after the consumption of any alcoholic beverage; (d) While under the influence of alcohol; (e) While using any drug that affects the pilot’s faculties in any way contrary to safety; or (f) The pilot has used alcohol, drugs, medications or controlled substances in a manner that, as the Board determines, casts substantial doubt on the ability of the pilot to exercise the level of sound judgment expected of a pilot or has used prescription drugs in a manner inconsistent with warnings or instructions provided by the manufacturer or prescribing physician. (2) If any condition causes a pilot to be absent from the pilotage ground for more than 60 days, the pilot must notify the Board in writing on the form provided by the Board. (a) The pilot must notify the Board in writing, at least 3 days prior to returning to the pilotage ground on the form provided by the Board, of the pilot’s intention to return to duty. The form shall include a pilot’s affirmation of their fitness for duty prior to return. (b) A pilot who has been absent from piloting duties for a period of more than 60 days shall, at the end of 180 days, notify the Board of an extension or notify of return to duty. (3) A pilot who has been absent from piloting duties for more than 180 days shall notify the Board in writing, at least three (3) days prior to returning to the pilotage ground on the form provided by the Board, of the pilot’s intention to return to duty. The notice shall include: (a) Pilot’s affirmation of fitness to return to duty; and (b) A statement of the number of trips under the supervision of an unlimited state-licensed pilot that were taken to re-familiarize the pilot with the pilotage ground . (c) The returning pilot shall take no fewer than two trips for every 90 days’ absence from the pilotage grounds. (4) The Board may discipline any pilot who is absent from the pilotage ground for a period of more than 60 days without providing notification to the Board. Statutory/Other Authority: ORS 776.115 Statutes/Other Implemented: ORS 776.115(4)(d) History: BMP 4-2026, amend filed 01/09/2026, effective 01/09/2026 BMP 13-2024, amend filed 09/13/2024, effective 09/13/2024 BMP 11-2019, adopt filed 09/24/2019, effective 09/24/2019
856-025-0020 Pilot Exchanges (1) The recommended area for the exchange between the Bar Pilots and River Pilots is upstream of River Mile 15. Failure to complete the exchange at the recommended location will not, by itself, subject a pilot to discipline by the Board, but in the event of an incident in which it is determined that the exchange took place downstream of River Mile 15, the burden will be on the transferee pilot to show that the place of the exchange was not a contributing factor to the incident. For purposes of this section, pilot "exchange" occurs when the transferor pilot relinquishes the conn and the transferee pilot takes the conn of the vessel. (2) A pilot exchange shall not be completed until the transferor pilot has communicated all information that is, in the opinion of the transferor pilot, necessary for the transferee pilot to continue with the safe navigation of the vessel, and the transferee pilot shall not accept the conn until satisfied that he or she has received sufficient information to continue with the safe navigation of the vessel. (3) As soon as practicable after boarding a vessel, the pilot shall conduct an information exchange with the vessel’s master or other officer apparently in charge. The information exchange shall address those subjects that are, in the pilot’s opinion, necessary for safe navigation of the vessel. Statutory/Other Authority: ORS 776 Statutes/Other Implemented: ORS 776.115 History: BMP 5-2018, renumbered from 856-010-0028, filed 04/25/2018, effective 04/25/2018 BMP 2-2003, f. & cert. ef. 3-21-03
856-025-0030 Compulsory Pilotage Vessel Exemptions (1) On the Columbia River Bar, Coos Bay Bar and Yaquina Bay Bar pilotage grounds, the following vessels are exempt from compulsory pilotage: (a) Foreign fishing vessels not more than 100 feet in length or 250 gross tons international, (b) Foreign recreational vessels not more than 100 feet in length. (2) On the Columbia and Willamette River pilotage ground, the following vessels are exempt from compulsory pilotage: (a) All foreign fishing vessels and foreign recreational vessels less than 50 feet in length. (b) All foreign fishing vessels and foreign recreational vessels at least 50 feet in length, but not more than 100 feet in length or 250 gross tons international, if the vessel complies with all three of the following criteria, no exceptions: (A) The vessel is operating with an activated Automatic Identification System (AIS); (B) The vessel gives advance notice to the pilots of the Columbia and Willamette Rivers, during regular business hours, of its intent to enter the Columbia-Willamette River pilotage ground; and (C) The vessel stands by at Marine VHF radio channel (frequency) 13 while transiting the Columbia and Willamette River pilotage ground. (3) On the Columbia and Willamette River pilotage ground, foreign fishing vessels and foreign recreational vessels at least 50 feet in length, but not more than 100 feet in length or 250 gross tons international that do not comply with all three of the criteria in subsections (2)(b)(A), (B), and (C) of this rule must take a state licensed pilot. Statutory/Other Authority: ORS 776.115(7) Statutes/Other Implemented: ORS 776.405(1)(C) History: BMP 8-2020, amend filed 10/02/2020, effective 10/02/2020 BMP 5-2020, temporary amend filed 08/12/2020, effective 08/12/2020 through 02/07/2021 BMP 5-2018, renumbered from 856-010-0060, filed 04/25/2018, effective 04/25/2018 BMP 2-2006, f. 9-29-06, cert. ef. 10-1-06
856-025-0040 Emergency Exception ORS 776.600(1)(a) does not apply in an emergency. Statutory/Other Authority: ORS 776.115 Statutes/Other Implemented: ORS 776.600 History: BMP 27-2018, adopt filed 11/14/2018, effective 11/14/2018