Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 140 - CIVIL PENALTIES › Section 738-140-0020 - Violations for Which a Civil Penalty May be Imposed

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may impose a civil penalty for violations of any
				of the following statutes, administrative rules, or orders:
(1) Intentional violation of any provision of
			 ORS 837.020 or
			 837.025 concerning registration
			 of pilots may incur a civil penalty. The amount of the penalty shall be
			 determined using the formula described in OAR
			 738-140-0030, where "BF" is the
			 base fine and shall be equal to $24.00; and "I" is the impact of the violation
			 and shall be equal to 1.
Example of an intentional violation of ORS
				837.020: If a pilot were to
				explicitly refuse to register with the Department, or if the pilot were to
				expressly state to the Department that he or she will not fly, and then the
				Department receives information that the pilot did fly, then the Department may
				impose a civil penalty under this rule.
(2) Intentional violation of any provision of
			 ORS 837.015 or
			 837.040 to
			 837.060 concerning registration
			 of aircraft may incur a civil penalty. The amount of the penalty shall be
			 determined using the formula described in OAR
			 738-140-0030, where "BF" is the
			 base fine and shall be equal to $24.00; and "I" is the impact of the violation
			 and, shall be equal to 1.
Example of an intentional violation of ORS
				837.015: If an aircraft owner
				were to explicitly refuse to register their aircraft with the Department, or if
				the aircraft owner were to expressly state to the Department that the aircraft
				will not fly, and then the Department receives information that the aircraft
				did fly, then the Department may impose a civil penalty under this
				rule.
(3) Intentional
			 violation of any provision of ORS
			 837.070 concerning notice of
			 sale or transfer of registration of aircraft may incur a civil penalty. The
			 amount of the penalty shall be determined using the formula described in OAR
			 738-140-0030, where "BF" is the
			 base fine and shall be equal to $24.00; and "I" is the impact of the violation
			 and, shall be equal to 1.
Example: If an aircraft seller were to explicitly refuse to
				submit notice of sale or transfer of registration to the Department, or if the
				aircraft owner was aware of their obligation to submit an Oregon Aircraft
				Ownership Transfer Form to the Department and failed to do so, then the
				Department receives information that the aircraft was sold or transferred, then
				the Department may impose a civil penalty under this rule.
(4) Intentional violation of any provision of
			 ORS 837.075 concerning aircraft
			 dealer's license may incur a civil penalty. The amount of the penalty shall be
			 determined using the formula described in OAR
			 738-140-0030, where "BF" is the
			 base fine, and shall be equal to $24.00; and "I" is the impact of the violation
			 and, shall be equal to 1.
Example: If a person matching the description in OAR
				738-005-0010(9)
				of an "Aircraft Dealer" intentionally refuses to submit an Oregon Aircraft
				Dealer's License Application with the appropriate fee, and then the Department
				acquires evidence of aircraft dealing by that person, then the Department may
				impose a civil penalty under this rule.
(5) Violation of any provision of ORS
			 837.080 concerning prohibited
			 operation of aircraft may incur a minimum civil penalty of an amount computed
			 using the formula described in OAR
			 738-140-0030. The "BF" is the
			 base fine and shall be equal to $27.50. In accordance with ORS
			 837.998(2), the
			 maximum civil penalty that may be imposed under this rule is $2,500 per
			 violation. Violations of ORS
			 837.080 may also be a Class B
			 misdemeanor as per ORS
			 837.990.
Example of a violation of ORS
				837.080: if the Department were
				to receive information about a person operating an aircraft in a careless or
				reckless manner so as to endanger the life or property of another, or operating
				an aircraft under the influence of intoxicating liquor, drugs or controlled
				substances, then the violator would incur a civil penalty under this rule.
(6) Intentional Violation
			 of any provision of ORS
			 837.085 concerning dropping
			 articles without a permit issued by the Department may incur a civil penalty.
			 The amount of the penalty shall be determined using the formula described in
			 OAR 738-140-0030, where "BF" is the
			 base fine and shall be equal to $8.00, and the maximum potential fine equal to
			 $720.
Example: If the Department had issued a warning, fine, or
				citation to a pilot or passenger for a violation of ORS
				837.085 on a previous occasion,
				and then the Department learns of a subsequent violation of ORS
				837.085, then the violation is
				deemed intentional, and the pilot or passenger may incur a civil penalty under
				this rule.
(7) Intentional
			 violation of ORS 837.090 concerning landings
			 under non-exigent circumstances on public highways, grounds, closed runways, or
			 any other place where landing is impermissible may incur a civil penalty. The
			 amount of the penalty shall be determined using the formula described in OAR
			 738-140-0030, where "BF" is the
			 base fine, and shall be equal to $8.00.
Example: If the a pilot has received information stating that a
				runway is closed, or that landing on a grass strip is impermissible, or if the
				pilot has violated ORS
				837.090 previously, and then the
				Department receives information that the pilot did land on a closed runway or
				anywhere landing is impermissible, then the Department may impose a civil
				penalty under this rule.
(8)
			 Intentional violation of any provision of ORS
			 837.095 concerning flying over
			 military establishments or taking photographs of a military establishment
			 without permission from the person in command of the military establishment may
			 incur a civil penalty. The amount of the penalty shall be determined using the
			 formula described in OAR
			 738-140-0030, where "BF" is the
			 base fine and shall be equal to $8.00, and the maximum potential fine equal to
			 $720.
Stat. Auth.: ORS
				  153.022,
				  183.745,
				  835.035,
				  835.112,
				  837.998
Stats. Implemented: ORS
				  837.005 -
				  837.998