OAR 738-050-0005: Vehicle/Pedestrian Deviations and Civil Penalties

(1) The Department and the Board find that the movement by any person, vehicle, or aircraft operated by a non-pilot within the Movement and Safety Area of the airport creates a potential for serious physical harm or death and that penalties for such movement may discourage this dangerous activity. (2) The following definitions apply to this rule (a) “Movement and Safety Areas” refers to all areas of the Aurora State Airport under the control of Air Traffic Control Tower used for taxiing, takeoff, and landing of aircraft, not including loading ramps and parking areas. (b) “Air Traffic Control” means the person(s) responsible for the coordination and positive control over the movement of traffic within the controlled airspace and Movement and Safety Areas. (3) The following conduct is a vehicle/pedestrian deviation: (a) Any pedestrian or vehicle, including aircraft operated by non-pilots, that enters or moves within the Movement and Safety Areas without clearance from Air Traffic Control; or (b) A person that provides, allows or otherwise causes another person to enter or move within the Movement and Safety Area without clearance from Air Traffic Control, not limited to sharing airport access information, failing to prevent piggybacking through a gate, failing to maintain positive control over guests inside the fence, or failing to prevent unauthorized access from private property. (4) Any person that commits or causes a vehicle/pedestrian deviation is a responsible party against whom the Director may impose: (a) a written warning for a single vehicle/pedestrian deviation in a six-month period. (b) A civil penalty of $500 for a second vehicle/pedestrian deviation committed within a one-year period. (c) A civil penalty of $1,000 for a third vehicle/pedestrian deviation within a two-year period. (d) A civil penalty of $1,500 for a fourth vehicle/pedestrian deviation committed within a two-year period. (e) A civil penalty of $2,500 for a fifth or subsequent vehicle/pedestrian deviation committed within a two-year period. (f) A civil penalty of $2,500 for any single violation where the responsible party has intentionally or with reckless disregard committed a vehicle/pedestrian deviation. (5) If a prior vehicle/pedestrian deviation is contested and has not become a final order, the civil penalties assessed pursuant to this section will be rescinded if the prior vehicle/pedestrian deviation does not become final. (6) For each vehicle/pedestrian deviation where there are multiple responsible parties, the Director will impose a civil penalty against each responsible party. For example, if a tenant allows a driver to enter the Movement and Safety Area and the driver does not have clearance from Air Traffic Control, and it is the tenant and driver’s first vehicle/pedestrian violation within a six month period, the Director will issue a separate warning to each as responsible parties. If this is the tenant’s second vehicle/pedestrian deviation in a single year and driver’s third vehicle/pedestrian deviation in a single year, the Director will assess a $500 civil penalty against the tenant and a $1,000 civil penalty against the driver. (7) The Director may reduce or waive a civil penalty for a vehicle/pedestrian deviation after a consideration of each or any of the following: (a) Whether the person or responsible person is a repeat violator. (b) The amount of time between each vehicle/pedestrian deviation. (c) The egregiousness of the vehicle/pedestrian deviation. (d) Cooperation and responsiveness of the violator with the Department of other persons in control of the airport. (e) The responsible party’s attempt to control the access. (f) The facts and circumstances surrounding the vehicle/pedestrian deviation. (g) Any basis for reducing a civil penalty as set forth in OAR 738-140-0005(4) (8) The civil penalty formula in OAR 738-140-0030 does not apply to a vehicle/pedestrian deviation.