Purpose and Statutory Authority
To regulate the registration of aircraft in Oregon:
(1) ORS 184.619 pertaining to rulemaking authority.
(2) ORS 835.035 and 837.005 pertaining to the general public interest, safety, and the development and promotion of aeronautics.
Exemption from Aircraft Registration Fee
All Civil Air Patrol aircraft controlled by the Oregon Wing, and used primarily for search and rescue training exercises or missions, shall be registered in accordance with applicable state statutes with the exception that the annual registration fee will not be required.
Stat. Auth.: ORS 835
Stats. Implemented: ORS 837.005
Hist.: 1AD 2-1984, f. & ef. 7-31-84
Temporary Exemption from Registration
(1) Aircraft not physically capable of operation or flight may be temporarily exempt from the requirement of annual registration by the Oregon Department of Aviation (Department):
(a) "Not physically capable of operation and flight" means any aircraft that is not capable of:
(A) Being operated in forward motion on the ground or in flight;
(B) The need for repairs to the aircraft such as flat tires, broken windows or other short term maintenance items that are normally required are not considered adequate justification for an exemption;
(C) An aircraft that is grounded merely because it has not had appropriate inspections required by the Federal Aviation Administration is not eligible for exemption;
(D) An aircraft must be incapable of physical operation or flight for a period of time that extends beyond March 1 of each calendar year to be eligible for exemption.
(b) An aircraft that is under construction, or one that is disassembled waiting reassembly, may be exempt from registration until it is physically capable of operation or flight.
(2) The Director of the Department or the Director's designee shall make the final determination as to which aircraft may be temporarily exempt from registration:
(a) The owner of any aircraft that has been assigned a Federal Aviation Administration "N" number must complete an application for registration within the prescribed time limits. (Prior to March 1 or within 60 days of entering the state or being purchased.);
(b) An aircraft owner that believes an aircraft to be not physically capable of operation or flight shall prepare a statement giving the reasons why it should be temporarily exempted from registration. This statement shall be signed and shall accompany the application for registration:
(A) This statement must be received by the Department 30 days before the appropriate registration deadline. This will allow time for the Director of the Department or to determine the eligibility for exemption from registration;
(B) Following the Administrator's determination, the aircraft owner will be notified as to exemption status;
(C) If the exemption is denied, the aircraft owner will be notified. The owner must then submit the appropriate registration fee to the Department by the established deadline to avoid assessment of penalty and possible citation for "failure to register";
(D) An aircraft owner may request a review of the Director of the Department or the Director's designee's decision after payment of the appropriate registration fee has been submitted. Such review may include an informal discussion with the Director of the Department or the Director's designee of the aircraft's status;
(E) Receipt of an application for registration, with accompanying exemption statement, subsequent to the appropriate deadline will result in assessment of the prescribed penalty if the request for exemption is denied.
(3) A temporary exemption from registration under this section shall only be effective for the calendar year in which the exemption is granted. A new application and statement must be submitted each year within the time frame specified in paragraph (2)(b)(A) of this rule for the original statement.
Stat. Auth.: ORS 184.619, ORS 835.035 & ORS 837.005
Stats. Implemented: ORS 837.005
Hist.: 1AD 1-1985, f. & ef. 12-20-85; AERO 1-1991, f. & cert. ef. 5-21-91; AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02
Placement of Registration Decal (Number Plate) on Aircraft
(1) The decal (number plate) signifying registration of an aircraft by the Department shall at all times be displayed in a conspicuous position on the aircraft so as to be readily visible.
(2) The decal (number plate) shall be placed on the fuselage of the aircraft under the left horizontal stabilizer.
(3) Any current decal (number plate) can be left in its present location on the aircraft until the aircraft is repainted, the Department issues new decals or the owner wishes to remove it.
(4) Replacement of a decal issued subsequent to the effective date of this amendment shall be at the aircraft owner's expense.
(5) Failure to display an aircraft registration decal (number plate) is a Class A Aeronautics infraction with punishment prescribed by ORS 837.100.