OAR 738-140-0020: Violations for Which a Civil Penalty May be Imposed

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: 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: 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: 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. (9) A Vehicle/Pedestrian Deviation under OAR 738-050-0005