reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.360 - Riding on bow, gunwale or transom.

(1) No person operating a motorboat shall allow any person to ride or sit on the deck over the bow of the boat while under way unless the motorboat is provided with adequate guards or railing.
(2) No person operating a motorboat shall allow any person to ride or sit on the starboard or port gunwales or on the transom of the boat while underway at a speed in excess of five miles per hour unless the motorboat is provided with adequate guards or railings.
(3) No person operating a motorboat shall allow any person to ride or sit on the bow, gunwale or transom railings while underway.
(4) Nothing in subsection (1) or (2) of this section:
(a) Is intended to prevent passengers or other persons aboard a boat from standing on the bow of the boat in order to moor the boat to a mooring buoy, float or dock or to cast off from such a buoy, float or dock or for any other necessary purpose; or
(b) Applies to a boat rigged and equipped as a sailboat when operating under sail power. [Formerly 488.140]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.362 - Operating motorboat with person holding on to or occupying parts aft of transom.

(1) A person may not operate a motorboat or have the motorboat engine idle while any person holds on to or occupies any portion of the motorboat that is located aft of the transom of the motorboat, including a step, ladder, platform or deck, in order to:
(a) Ride on that portion of the motorboat while the motorboat is under way at any speed; or
(b) Be pulled by the motorboat while holding on to any portion of the motorboat that is located aft of the transom, including a step, ladder, platform or deck.
(2) Notwithstanding subsection (1) of this section, a person may operate a motorboat or have the motorboat engine idle with a person holding on to or occupying for a brief period of time a step, ladder, platform or deck that is located aft of the transom if that person is:
(a) Assisting in the docking or departure of the motorboat;
(b) Exiting or entering the motorboat; or
(c) Engaging in law enforcement activities. [2005 c.299 §2]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.365 - Waterskiing, surfboarding and similar activities.

(1) No person shall ride or manipulate any water skis, surfboard or similar device in a reckless or negligent manner so as to endanger any person or property.
(2) No person shall operate a boat for the purpose of towing a person on water skis, surfboard or similar device, and no person shall engage in waterskiing, surfboarding or similar activity at any time after sunset and before sunrise. This subsection does not apply to a person while engaged in a professional exhibition or to a person engaged in an activity authorized under ORS 830.375.
(3) No person shall operate or manipulate any boat, tow rope or other device by which the direction or location of a person on water skis, surfboard or similar device may be affected or controlled in a reckless or negligent manner so as to cause the person on water skis, surfboard or similar device to collide with or strike against any person or object.
(4) No person shall ride or manipulate any water skis, surfboard or similar device while under the influence of an intoxicating liquor, cannabis, psilocybin, or a controlled substance.
(5) No person shall operate a boat on any waters of this state, towing a person on water skis, aqua-plane, surfboard, saucer, or similar device, unless there is in the boat another person, in addition to the operator, who is in a position to continuously observe the person being towed.
(6) Notwithstanding subsection (5) of this section, persons operating a boat to tow a water-skier in an authorized competitive marine event, or engaged in practicing for a competitive water ski event on a water ski course authorized by the State Marine Board, may use either a curved, rearview mirror or another person, in addition to the operator, to continuously observe the person being towed.
(7) No person shall operate any boat used for towing water skis, surfboards or similar devices on the waters of this state unless the boat is equipped with and displays a warning flag as follows:
(a) The warning flag, also known as the "skier down" flag, shall be international orange or red in color and shall be at least 12 inches in height and 12 inches in width.
(b) When any person being towed by the boat becomes disengaged from the towline and is down in the water, a person in the boat shall immediately display the warning flag aloft, visible from all sides, as an indicator to other boats in the area that a person is down in the water. As long as the downed person is in the water, the flag shall remain displayed to prevent danger to that person and hazards to passing boats.
(c) The warning flag described in this section shall be displayed only under the conditions set forth in paragraph (b) of this subsection or when other imminent danger exists. [Formerly 488.144; 1993 c.589 §1; 2017 c.21 §92; 2021 c.253 §17]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.370 - Mooring to buoys and beacons; defacing or destroying navigational markers.

(1) No person shall moor a boat to any of the buoys or beacons placed in any waters of this state by the authority of the United States, an agency of the United States or by the State Marine Board nor in any manner hang on with a boat to such buoy or beacon.
(2) No person shall deface, remove or destroy any buoy, beacon or other navigational marker maintained in the waters of this state.
(3) This section does not apply to any action prohibited by ORS 783.610 regarding a buoy or beacon established or erected by the United States Coast Guard. [Formerly 488.150]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.375 - Authorization required to hold marine event; rules.

(1) At least 30 days before holding a regatta, boat race, marine parade, tournament or exhibition on the waters of this state, the person who will be in charge of the event shall apply to the State Marine Board for authorization to hold the event.
(2) The board shall provide by regulation for the manner of applying for and granting authorization and shall approve all applications for authorization which are consistent with the safety and pleasure of the public.
(3) The board may make rules and regulations restricting the operation of boats necessary to insure safety two hours prior to, during and two hours after the approved event.
(4) No person shall hold a regatta, boat race, marine parade, tournament, trial for speed records or exhibition on the waters of this state, unless the authorization of the board has been secured, except that the board’s authorization is not required if authorization or the equivalent has been secured from an appropriate agency of the United States.
(5) An authorization by the board does not exempt a person holding an event from compliance with applicable federal law. [Formerly 488.108]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.380 - Peace officer authority to require operator to remedy especially hazardous condition.

(1) When a peace officer observes a boat being operated on the waters of this state in an especially hazardous condition and determines that continuance of the voyage of the boat could place the occupants in imminent danger, the peace officer may order the operator of the boat to take immediate and reasonable steps to remedy the especially hazardous condition, including but not limited to directing the operator to move to a moorage and remain there until the especially hazardous condition is remedied.
(2) For purposes of this section, an especially hazardous condition is limited to the following conditions:
(a) Improper or insufficient personal flotation devices in violation of ORS 830.215;
(b) Improper or insufficient fire extinguishers in violation of ORS 830.220;
(c) Improper or insufficient backfire arresting devices on carburetors in violation of ORS 830.235;
(d) Improper or insufficient navigation lights in violation of ORS 830.225 if found between sunset and sunrise;
(e) Overloading in violation of ORS 830.355;
(f) Overpowering; or
(g) Leakage of fuel from the boat engine, fuel system or bilge. [1997 c.568 §2]
Note:
830.380 to 830.385 were added to and made a part of ORS chapter 830 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.383 - Person required to remedy especially hazardous condition.

A person may not intentionally disobey a lawful order to take immediate and reasonable steps to remedy an especially hazardous condition that is issued under ORS 830.380 by another person known by the person to be a peace officer. [1997 c.568 §3]
Note:
See note under 830.380.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.385 - Commercial fishing boats exempt from regulation of especially hazardous condition.

ORS 830.380 and 830.383 do not apply to commercial fishing boats. [1997 c.568 §4]
Note:
See note under 830.380.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.390 - Minimum equipment and safety requirements for vessels engaged in Klamath Lake plankton fishery.

(1) In addition to any other authority to regulate boats and equipment, the State Marine Board shall require that any vessel engaged in the Klamath Lake plankton fishery and any associated watercraft meet minimum equipment and safety requirements prescribed by the board.
(2) In adopting rules necessary to implement subsection (1) of this section, the board:
(a) Shall consult with vessel owners; and
(b) May not exceed regulations promulgated by the United States Coast Guard for equivalent classes of vessels and associated watercraft. [1997 c.737 §5]
Note:
830.390 was added to and made a part of ORS chapter 830 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.410 - Operator of boat livery to provide properly equipped boats.

An operator of a boat livery may not permit any boat the operator rents to depart from the livery premises unless the boat is equipped as provided under ORS 830.015 to 830.050, 830.175, 830.210 to 830.420 and 830.475 to 830.490. [Formerly 488.025; 2019 c.155 §3]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.415 - Records of operator of boat livery.

The operator of a boat livery shall make and preserve for at least six months a written record of:
(1) The name of each person who hires a boat from the livery.
(2) The identifying number of the boat.
(3) The date on which the boat is hired, and the hour of departure from the livery.
(4) The expected date and hour of return.
(5) The date and hour of return. [Formerly 488.098]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.420 - Minimum equipment requirements for rental or charter boats; rules; inspection; cancellation or revocation of certificate for failure to comply.

(1) The State Marine Board shall provide by rule minimum equipment requirements for boats rented or chartered to the public. The rules shall be made in accordance with ORS chapter 183.
(2) Designated representatives of the board may annually inspect all rental or charter boats to check for the equipment required by the board. Any inspections conducted shall be coordinated with other state and federal agencies to minimize duplication of vessel inspections and boardings.
(3) After a hearing upon 10 days’ notice to the owner of the boat, the board may cancel or revoke the certificate of number for any boat rented or chartered to the public if it does not equal or exceed the minimum equipment requirements provided by the board. [Formerly 488.026]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.425 - Minimum requirements for boat livery operation.

(1) A person may not act as an operator of a boat livery without a boat livery registration issued by the State Marine Board.
(2) Application for a boat livery registration must be made in the form prescribed by the board and must contain the following:
(a) The applicant’s name.
(b) The applicant’s business address and telephone number.
(c) Proof of registration with the Secretary of State, if required.
(d) The number and types of boats provided by the livery at the time of registration.
(e) Any other information the board considers necessary.
(3) Every two years, each operator of a boat livery shall renew the boat livery registration by submitting a renewal application in the form prescribed by the board.
(4) An operator of a boat livery shall display proof of compliance with this section in the form and manner prescribed by the board. [2019 c.155 §2]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.430 - Definitions for ORS 830.430 to 830.465 and 830.997.

As used in ORS 830.430 to 830.465 and 830.997:
(1) "Charter boat" means:
(a) A boat used to carry seven or more passengers for hire for angling, sightseeing or other recreational purposes; or
(b) A boat that is licensed under ORS 830.447.
(2) "Charter boat" does not include a "passenger vessel" or "small passenger vessel," as defined by the State Marine Board by rule, that:
(a) Has been inspected and documented by the United States Coast Guard;
(b) Carries more than 12 passengers for hire; and
(c) Operates east of the demarcation lines described in the International Collision Regulations at Sea of 1972 on waters identified by the board by rule. [1989 c.885 §2; 2013 c.146 §1; 2021 c.123 §3]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.435 - Charter boat license; reciprocity with Washington license holders.

(1) Except as otherwise provided in this section, a person may not engage in the business of carrying seven or more passengers for hire for angling, sightseeing or other recreational purposes on the waters of this state without first obtaining a charter boat license from the State Marine Board.
(2) A person who holds a valid license or registration issued by the State of Washington may engage in the business of carrying passengers for hire for angling, sightseeing or other recreational purposes in this state without obtaining a charter boat license from the board if:
(a) The person operates a charter boat that leaves from and returns to a port in the State of Washington;
(b) The person operates the charter boat within the jurisdiction of the State of Oregon in the Pacific Ocean north of Cape Falcon, or in the Columbia River; and
(c) The State of Washington adopts provisions that allow a person to engage in the business of carrying passengers for hire for angling, sightseeing or other recreational purposes with a valid Oregon charter boat license within the jurisdiction of the State of Washington in the Pacific Ocean south of Leadbetter Point, or in the Columbia River. [1989 c.885 §3; 1993 c.132 §1; 2005 c.115 §§2,4; 2007 c.148 §2; 2013 c.146 §4]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.445 - Liability insurance form; notice to board upon termination of coverage; license suspension for failure to maintain insurance.

(1) The liability protection required by ORS 830.440 shall be provided in one of the following ways:
(a) By a policy or policies of bodily injury liability insurance described as protection and indemnity insurance in the Standard American Institute Hull Form, issued by an insurer authorized by ORS chapter 731 to transact such insurance in this state.
(b) By a bond or bonds, issued by a surety company or companies, authorized by ORS chapter 731 to transact such business in this state.
(c) By evidence of insurance issued on behalf of Lloyds of London by an insurance broker authorized by ORS chapter 731 to transact such business in this state.
(d) By any other evidence of liability protection approved by the State Marine Board.
(2) If the provider of liability protection cancels or refuses to renew the protection, the provider, not less than 30 days prior to the effective date of termination of the protection, shall notify the board in writing of the termination and its effective date. Upon receipt of a liability protection termination notice, the board shall send written notice to the charter boat operator that the board will suspend that person’s charter boat license unless proof of liability protection required by ORS 830.440 is filed with the board prior to the effective date of the proposed liability protection termination. The board may suspend a charter boat license if the licensee fails to maintain in full force and effect the liability protection required by ORS 830.440. A license that has been suspended pursuant to this section may not be reinstated until proof of liability protection required by ORS 830.440 has been filed with the board. [1989 c.885 §11; 2013 c.146 §6]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.447 - Optional charter boat licensing; rules.

(1) The State Marine Board, by rule, shall provide for optional charter boat licensing if the boat is used to carry fewer than seven passengers for hire for angling, sightseeing or other recreational purposes.
(2) Upon request of a person, the board may issue a charter boat license for a boat that meets the requirements of rules adopted under this section.
(3) A boat that is licensed as a charter boat under this section is subject to the same provisions, conditions, fees and other requirements as are other charter boats under this chapter. [2021 c.123 §2]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.450 - Equipment requirements; rules.

The State Marine Board shall establish by rule the equipment that a charter boat must carry to operate in this state. The board shall consider requiring a charter boat to carry the following types of equipment:
(1) If the charter boat operates on navigable waters of the United States not more than 20 miles from the nearest port:
(a) First-aid kit.
(b) Automatic bilge warning light or bell for high water condition, audible or visible from each steering station.
(c) Depth finder.
(d) Life jackets.
(e) Light and smoke flares.
(f) VHF radio with frequencies appropriate to contact the United States Coast Guard.
(g) Power-operated bilge pumps.
(h) Running lights.
(i) Anchor and anchor chain or line.
(j) Displayed ocean class United States Coast Guard operator’s license.
(k) Engine room space ventilation system and blower system.
(L) Fire extinguishers.
(m) Magnetic compass.
(n) Bailing buckets or hand-operated bilge pump.
(o) Installed electronic position fixing device or radar navigational equipment.
(p) Emergency Position Indicator Radio Beacon device (EPIRB).
(q) Life ring.
(2) If the charter boat operates on navigable waters of the United States more than 20 miles from the nearest port, in addition to the equipment specified in subsection (1) of this section:
(a) Life raft or unsinkable shore boat.
(b) Navigational charts for the area in which the charter boat is operating.
(c) Water lights.
(3) If the charter boat operates on state waters:
(a) First-aid kit.
(b) Automatic bilge warning light or bell for high water condition, audible or visible from each steering station.
(c) Depth finder.
(d) Life jackets.
(e) Light and smoke flares.
(f) Power-operated bilge pumps.
(g) Running lights.
(h) Anchor and anchor chain or line.
(i) Engine room space ventilation system and blower system.
(j) Fire extinguishers.
(k) Magnetic compass.
(L) Bailing buckets or hand-operated bilge pump.
(m) Life ring. [1989 c.885 §5; 2013 c.146 §7]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.460 - Prohibited activities.

(1) A person may not make any false statement of material fact in submitting an application for a charter boat license under ORS 830.440.
(2) A person may not operate a charter boat to engage in activities for which a charter boat license is required:
(a) If the State Marine Board or a representative of the board determines upon inspection that, or if a peace officer issues a citation because, the charter boat fails to comply with any equipment requirements imposed by the board pursuant to ORS 830.450.
(b) Without having protection against liability as described in ORS 830.440 and 830.445.
(c) If the number of persons on board the charter boat exceeds the carrying capacity of the charter boat.
(d) Without first providing to the board the names of all employees, agents and other persons who physically assist passengers of the charter boat with angling, sightseeing or other recreational activities.
(3) A person may not offer for compensation or monetary gain or advertise the use of a charter boat for angling, sightseeing or other recreational activities without a charter boat license.
(4) A person may not accept money or other remuneration for angling, sightseeing or other recreational activities for which a charter boat license is required without a charter boat license, except that a person may share the costs or expenses for a trip by trip participants. As used in this subsection:
(a)(A) "Costs or expenses for a trip" means the costs or expenses for food, fuel, bait or other consumable items used during a trip.
(B) "Costs or expenses for a trip" does not include any costs or expenses related to equipment maintenance, insurance, moorage, leases or fees for the use of an area.
(b) "Trip" means the duration of the angling, sightseeing or other recreational activity beginning at the point of departure from a dock, pier, float, moorage or shore-based landing where a person enters a charter boat. [1989 c.885 §6; 2013 c.146 §8]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.465 - Disciplinary actions.

(1) For the purpose of ensuring the safe and legal operation of charter boats in this state, the State Marine Board:
(a) Shall require the disclosure of a boating, wildlife, hunting, angling, commercial fishing or public safety related violation by an operator, owner or deckhand of a charter boat that occurs within two years of the date on which a charter boat license is issued or updated.
(b) May revoke, suspend or deny issuance of a charter boat license for a violation of this chapter or ORS chapter 477, 496, 497, 498, 501, 506, 508, 509, 511, 530 or 704 or a rule adopted pursuant to this chapter or ORS chapter 477, 496, 497, 498, 501, 506, 508, 509, 511, 530 or 704, or for a violation of a law or rule regulating the safety and welfare of the public.
(2) When a person is found guilty of a violation of ORS 830.430 to 830.465 or any rule adopted pursuant to ORS 830.430 to 830.465, the court having jurisdiction of the offense may order the board to revoke a charter boat license held by that person.
(3) When a court orders revocation of a charter boat license under this section, the court shall take up the charter boat license and forward it with a copy of the revocation order to the board. Upon receipt of the charter boat license and the revocation order, the board shall revoke the charter boat license in accordance with the revocation order. [2013 c.146 §10]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.475 - Duties of operators and witnesses at accidents.

(1) A person commits the offense of failure to perform the duties of an operator if the person is the operator of any boat involved in an accident that results in property damage and the operator fails to take reasonable steps to notify the owner or person in charge of the property of the damage, and provide to the owner or person in charge of the property the operator’s name, address and the identification number of the boat.
(2) The operator of any boat involved in an accident which results in injury or death to any person immediately shall stop the boat at the scene of the accident, or as close thereto as possible, and shall remain at the scene of the accident until the operator has fulfilled the requirements of subsection (3) of this section.
(3) The operator of any boat involved in an accident resulting in injury or death to any person shall:
(a) Give to the other operator, surviving occupant or any person not injured as a result of the accident, the name, address and the identifying number of the boat which the operator is operating, and the name and address of any other occupants of the boat.
(b) Render reasonable assistance to any person injured in the accident, including the conveying or the making of arrangements for the conveying of the person to a physician, surgeon or hospital for medical or surgical treatment, if it is apparent that treatment is necessary or if conveyance is requested by any injured person.
(4) Any witness to the accident shall furnish to the operator, occupant or injured person, the name and address of the witness. [Formerly 488.164; 1997 c.74 §1]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.480 - Accident report required; rules.

(1) The operator of any boat involved in an accident resulting in injury or death to any person or damage to property in excess of the dollar amount established by rule of the State Marine Board shall make a report of the accident to the board in such form and manner as the board by rule may prescribe.
(2) Whenever a report is insufficient in the opinion of the board, it may require the operator to file a supplemental report and may also require a witness to the accident to render a report to the board.
(3) Whenever the operator of a boat is physically incapable of making a required accident report and there was another occupant in the boat at the time of the accident capable of making a report, the occupant shall make or cause the report to be made. [Formerly 488.168; 1991 c.17 §1]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.485 - Form of report; sending death record to State Marine Board.

(1) The State Marine Board shall prepare and make available to the public forms for accident reports required in ORS 830.480. The report shall call for sufficiently detailed information to disclose the cause of an accident, conditions then existing, and the persons and vehicles involved. Every accident report shall be made on a form approved by the board.
(2) The State Health Officer shall on or before the 15th day of each month forward to the board a copy of the death record of any persons within the jurisdiction of the State Health Officer who died from a boat accident during the preceding calendar month. [Formerly 488.172; 2013 c.366 §86]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.490 - Confidential nature of report.

(1) All accident reports made to the State Marine Board shall be without prejudice to the individual reporting and shall be for the confidential use of administrative and enforcement agencies only.
(2) The board upon written request, shall, if available, disclose the following information to any party involved in the accident, or, in the event of the party’s death, to any member of the party’s family, or to the party’s personal representatives:
(a) The identity of the owner, operator, occupants and the identifying number of a boat involved in an accident;
(b) The names of any companies insuring the owner or operator; and
(c) The identity of any witnesses to the accident.
(3) No such report shall be used as evidence in any trial, civil or criminal, arising out of the accident. The board shall furnish, upon demand of any person who has or claims to have made such a report or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the board, solely to prove a compliance or a failure to comply with the requirement that such a report be made to the board.
(4) The board shall compile and may analyze all accident reports and shall publish annually, or at more frequent intervals, statistical information relating to boat accidents.
(5) In response to any request duly made by an authorized official or agency of the United States, or in compliance with any federal requirement, the board shall transmit any information compiled or otherwise available to the board from the accident reports required by ORS 830.480 and 830.485. [Formerly 488.176; 1991 c.67 §232]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.495 - Report of accident resulting in death or disappearance; duties of passengers.

(1) When, as a result of an occurrence that involves a boat or its equipment, a person dies or disappears from a boat, the operator shall, without delay, by the quickest means available, notify the nearest sheriff department, state police post, Coast Guard station or other law enforcement agency of:
(a) The date, time and exact location of the occurrence;
(b) The name of each person who died or disappeared;
(c) The number and name of the boat; and
(d) The names and addresses of the owner and operator.
(2) When the operator of a boat cannot give the notice required by subsection (1) of this section, each person on board the boat shall notify the casualty reporting authority or determine that the notice has been given. [Formerly 488.190]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.505 - Implied consent to chemical tests for intoxicants; refusal to submit; consequences.

(1) Any person who operates a boat on any waters of this state shall be deemed to have given consent to submit to chemical tests of the person’s breath for the purpose of determining the alcoholic content of the person’s blood if the person is arrested for operating a boat while under the influence of intoxicants while in violation of ORS 830.325 or of a municipal ordinance. Tests shall be administered upon the request of a peace officer having reasonable grounds to believe that the person arrested was operating a boat while under the influence of intoxicants while in violation of ORS 830.325 or of a municipal ordinance. Before the test is administered, the person requested to take the test shall be informed of rights and consequences as described in ORS 830.545.
(2) Any person who operates a boat on any waters of this state shall be deemed to have given consent to submit to chemical tests of the person’s urine for the purpose of determining the presence of cannabis, psilocybin, a controlled substance or an inhalant in the person’s body if the person is arrested for operating a boat while under the influence of intoxicants while in violation of ORS 830.325 or of a municipal ordinance. Tests shall be administered upon the request of a peace officer having reasonable grounds to believe that the person arrested was operating a boat while under the influence of intoxicants while in violation of ORS 830.325 or of a municipal ordinance. Before the test is administered, the person requested to take the test shall be informed of rights and consequences as described in ORS 830.545.
(3) A person asked to give a urine sample shall be given privacy and may not be observed by a peace officer when producing the sample.
(4)(a) At the trial of any civil or criminal action, suit or proceeding arising out of the acts committed by a person operating a boat while under the influence of intoxicants, a valid chemical analysis of a person’s urine is admissible as evidence and may be used with other evidence, if any, to determine whether the person was operating a boat while under the influence of intoxicants.
(b) A chemical analysis of a person’s urine is valid if analysis is performed in an accredited or licensed toxicology laboratory.
(5) Within the time required by the State Marine Board by rule, the arresting officer shall report the following information to the board:
(a) Whether the person refused to physically submit to a test.
(b) Whether the person was informed of rights and consequences as described under ORS 830.545.
(6) A report required by this section may be made on one or more forms provided by the board.
(7) Nothing in this section precludes a peace officer from obtaining a chemical test through any lawful means for use as evidence in a criminal or civil proceeding including, but not limited to, obtaining a search warrant. [1991 c.931 §7; 2019 c.431 §14; 2021 c.253 §18]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.510 - Chemical evidence of use of intoxicants.

(1) At the trial of any civil or criminal action, suit or proceeding arising out of the acts committed by a person operating a boat while under the influence of any intoxicants, if the amount of alcohol in the person’s blood at the time alleged is less than 0.08 percent by weight of alcohol and shown by chemical analysis of the person’s breath or blood, it is indirect evidence that may be used with other evidence, if any, to determine whether or not the person was then under the influence of intoxicants.
(2) Not less than 0.08 percent by weight of alcohol in a person’s blood constitutes being under the influence of intoxicating liquor.
(3) Percent by weight of alcohol in the blood shall be based on grams of alcohol per 100 milliliters of blood or based on grams of alcohol per 210 liters of breath.
(4) For purposes of ORS 830.505 to 830.545, "boat" means a motorboat or sailboat. [1991 c.931 §6; 2011 c.260 §2]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.515 - Evidence of refusal to submit to test in legal proceeding.

If a person refuses or fails to physically submit to chemical tests of the breath or urine as required by ORS 830.505, evidence of the person’s refusal or failure to physically submit is admissible in any criminal or civil action or proceeding arising out of acts alleged to have been committed while the person was operating a boat while under the influence of an intoxicating liquor, cannabis, psilocybin, an inhalant or a controlled substance. [1991 c.931 §8; 2017 c.21 §93; 2019 c.431 §15; 2021 c.253 §19]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.520 - Circumstances under which chemical tests may be administered.

Nothing in ORS 830.505 is intended to preclude the administration of chemical tests described in this section. A peace officer may obtain a chemical test of the blood to determine the amount of alcohol in any person’s blood or a test of the person’s blood or a test of the person’s blood or urine, or both, to determine the presence of cannabis, psilocybin, an inhalant or a controlled substance in the person as provided in the following:
(1) If, when requested by a peace officer, the person expressly consents to such a test.
(2) Notwithstanding subsection (1) of this section, from a person without the person’s consent if:
(a) The peace officer has probable cause to believe that the person was operating a boat while under the influence of an intoxicating liquor, cannabis, psilocybin, an inhalant or a controlled substance and that evidence of the offense will be found in the person’s blood or urine; and
(b) The person is unconscious or otherwise in a condition rendering the person incapable of expressly consenting to the test or tests requested. [1991 c.931 §9; 2017 c.21 §94; 2019 c.431 §16; 2021 c.253 §20]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.525 - Chemical tests obtained by subject.

In addition to chemical tests of the breath, blood or urine administered under ORS 830.505 and 830.520, upon the request of a peace officer, a person shall be permitted upon request, at the person’s own expense, reasonable opportunity to have any licensed physician, licensed professional nurse or qualified technician, chemist or other qualified person of the person’s own choosing administer a chemical test or tests of the person’s breath or blood for the purpose of determining the alcoholic content of the person’s blood or a chemical test or tests of the person’s blood or urine, or both, for the purpose of determining the presence of cannabis, psilocybin, an inhalant or a controlled substance in the person. The failure or inability to obtain such a test or tests by a person shall not preclude the admission of evidence relating to a test or tests taken upon the request of a peace officer. [1991 c.931 §10; 2017 c.21 §95; 2019 c.431 §17; 2021 c.253 §21]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.545 - Information about rights and consequences.

This section establishes the requirements for information about rights and consequences for purposes of ORS 830.505. The following apply to the information about rights and consequences:
(1) The information about rights and consequences shall be substantially in the form prepared by the State Marine Board. The board may establish any form it determines appropriate and convenient.
(2) Except as provided in subsection (3) of this section, the information about rights and consequences shall be substantially as follows:
(a) Operating a boat while under the influence of intoxicants is a crime in Oregon and the person is subject to criminal penalties if the test shows that the person is under the influence of intoxicants. If the person fails a test, evidence of the failure may also be offered against the person.
(b) The person fails the test if the test shows the person is under the influence of intoxicants under Oregon law.
(c) If the person is convicted of operating a boat while under the influence of intoxicants, the person may not operate a boat for a period of time following the conviction.
(d) If the person is convicted of operating a boat while under the influence of intoxicants, the following apply for one year:
(A) The person is not eligible to apply for any certificate of title, registration or numbering; and
(B) The person’s boating safety education card is suspended.
(e) After taking the test, the person shall have a reasonable opportunity, upon request, for an additional chemical test for blood alcohol content to be performed at the person’s own expense by a qualified individual of the person’s choosing.
(3) A person who refuses to submit to a chemical test after being informed of the rights and consequences in subsection (2) of this section shall be provided additional information, substantially as follows:
(a) If the person refuses to provide consent to a breath or urine test, and is thereafter requested to provide only physical cooperation to submit to a breath or urine test and the person refuses to physically submit to a test, evidence of that refusal may be offered against the person.
(b) If the person refuses to physically submit to the test, the following apply for three years:
(A) The person is not eligible to apply for any certificate of title, registration or numbering; and
(B) The person’s boating safety education card is suspended.
(4) Notwithstanding subsection (3) of this section, the board may not impose the penalties described in subsection (3)(b) of this section for refusal to provide a urine sample if the person provides documentation from a physician licensed by this state showing that the person has a medical condition that makes it impossible for the person to provide a sample.
(5) Nothing in this section prohibits the board from providing additional information concerning rights and consequences that the board considers appropriate or convenient. [1991 c.931 §12; 2019 c.431 §6]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.550 - Implied consent to field sobriety tests for intoxicants; refusal to submit; consequences.

(1) Any person who operates a boat on any waters of this state shall be deemed to have given consent to submit to field sobriety tests upon the request of a peace officer for the purpose of determining if the person is under the influence of intoxicants if the peace officer reasonably suspects that the person has committed the offense of operating a boat while under the influence of intoxicants in violation of ORS 830.325 or a municipal ordinance. If the person refuses to consent to field sobriety tests, the person shall be asked to provide only physical cooperation to submit to nontestimonial field sobriety tests and the person shall be informed of the consequences of failing to physically submit to those tests under subsection (2) of this section.
(2) If a person refuses or fails to physically submit to nontestimonial field sobriety tests as required by subsection (1) of this section and after the person has been informed of the consequences of refusing or failing to physically submit, evidence of the person’s refusal or failure to physically submit is admissible in any criminal or civil action or proceeding arising out of allegations that the person was operating a boat while under the influence of intoxicants.
(3) Within the time required by the State Marine Board by rule, the arresting officer shall report the following information to the board:
(a) Whether the person refused or failed to physically submit to a test.
(b) Whether the person was informed of rights and consequences as described under ORS 830.545.
(4) A report required by this section may be made on one or more forms provided by the board. [1991 c.931 §13; 2019 c.431 §18]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.555 - Additional penalties for failing to submit to testing for intoxicants.

In addition to any other penalty, the State Marine Board shall suspend a person’s boating safety education card issued under ORS 830.086 for three years from the date of conviction if the record of conviction under ORS 830.325 shows that the person willfully refused the request of a peace officer to physically submit to chemical testing of the breath or urine or a nontestimonial field sobriety test under ORS 830.505 and 830.550. [2019 c.431 §5]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.560 - Launching boat with aquatic invasive species prohibited; rules.

(1) As used in this section:
(a) "Aquatic invasive species" means any aquatic life or marine life determined by the State Fish and Wildlife Commission by rule to be invasive or any aquatic noxious weed determined by the State Department of Agriculture to be invasive.
(b) "Launch" means any act that places a boat into a waterway for recreational boating, for flushing or testing an engine or for any other purpose.
(2) Except as provided in subsection (3) of this section, a person may not launch a boat into the waters of this state if:
(a) The boat has any visible aquatic species on its exterior hull or attached to any motor, propulsion system or component, anchor or other attached apparatus outside of the hull, or on the trailer or other device used to transport the boat; or
(b) The boat has any aquatic invasive species within its bilge, livewell, motorwell or other interior location.
(3) The State Fish and Wildlife Commission, in consultation with the State Department of Agriculture, by rule may allow the presence of certain aquatic species on or within a boat for activities including but not limited to hunting and photography.
(4) The State Marine Board shall provide information to the public about any rules adopted under subsection (3) of this section. [2009 c.303 §2]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.565 - Permit required.

A person may not operate a sailboat that is at least 12 feet in length or a motorboat on the waters of this state without first obtaining an aquatic invasive species prevention permit from the State Marine Board under ORS 830.570. [2009 c.764 §7; 2019 c.507 §12]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.570 - Board to issue permit; fees.

(1) The State Marine Board shall issue an aquatic invasive species prevention permit to, or renew the permit of, a person who pays the fee for the permit described in ORS 830.575.
(2) The board may appoint agents to issue aquatic invasive species prevention permits.
(3) Agents shall issue permits in accordance with procedures prescribed by the board by rule and shall charge and collect the aquatic invasive species prevention permit fees prescribed by law.
(4) The board may authorize an agent other than a board employee to charge a service fee of $2, in addition to the permit fee, for the issuance service performed by the agent.
(5) The board may supply the agents with aquatic invasive species prevention permits. [2009 c.764 §8; 2019 c.154 §4; 2019 c.507 §13]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.575 - Annual fee for permit.

(1) Notwithstanding ORS 830.790 (3), the annual fee for issuance and renewal of an aquatic invasive species prevention permit for a sailboat that is at least 12 feet in length and not registered in Oregon or a motorboat that is not registered in Oregon is $20.
(2) All fees collected under this section shall be deposited into the Aquatic Invasive Species Prevention Fund established under ORS 830.585. [2009 c.764 §9; 2019 c.154 §5; 2019 c.389 §5; 2019 c.507 §14c]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 830 - Small Watercraft › Section 830.580 - Rules.

The State Marine Board shall adopt rules for the implementation and administration of ORS 830.565 to 830.575, including but not limited to the exemption of certain boats from the requirements of ORS 830.565 and the method for displaying an aquatic invasive species prevention permit. [2009 c.764 §10; 2019 c.154 §6]