Current through 2024 Regular Session legislation effective June 6, 2024
Section 837.360 - Restrictions; exception for educational institution; civil penalties; registration; fees; rules(1) As used in this section, "educational institution" means an education service district, school district, public charter school, community college or public university listed in ORS 352.002.(2)(a) A public body, other than an educational institution, may not operate an unmanned aircraft system in the airspace over this state without registering the unmanned aircraft system with the Oregon Department of Aviation.(b) An educational institution may not operate an unmanned aircraft system in the airspace over this state without registering as a user of unmanned aircraft systems with the department. The department may not require an educational institution to register individual unmanned aircraft systems under this section.(3) The Oregon Department of Aviation may impose a civil penalty of up to $10,000 against a public body that violates subsection (2) of this section.(4) Evidence obtained by a public body through the use of an unmanned aircraft system in violation of subsection (2) of this section is not admissible in any judicial or administrative proceeding and may not be used to establish reasonable suspicion or probable cause to believe that an offense has been committed.(5)(a) The Oregon Department of Aviation shall establish a registry of unmanned aircraft systems registered under subsection (2)(a) of this section and may charge a fee sufficient to reimburse the department for the maintenance of the registry.(b) The department may not charge a fee to an educational institution under this subsection.(6) The Oregon Department of Aviation shall require the following information for registration of an unmanned aircraft system under subsection (2)(a) of this section: (a) The name of the public body that owns or operates the unmanned aircraft system.(b) The name and contact information of the individuals who operate the unmanned aircraft system.(c) Identifying information for the unmanned aircraft system as required by the department by rule.(7)(a) A public body that registers one or more unmanned aircraft systems under subsection (2)(a) of this section shall provide an annual report to the Oregon Department of Aviation that:(A) Summarizes the frequency of use of the unmanned aircraft systems by the public body during the preceding calendar year;(B) Summarizes the purposes for which the unmanned aircraft systems have been used by the public body during the preceding calendar year; and(C) Indicates how the public can access the policies and procedures established under ORS 837.362.(b) The department shall adopt rules requiring an educational institution that registers as a user of unmanned aircraft systems under subsection (2)(b) of this section to maintain records of the educational institution's use of unmanned aircraft systems.(8) The State Aviation Board may adopt all rules necessary for the registration of unmanned aircraft systems in Oregon that are consistent with federal laws and regulations.Amended by 2019 Ch. 337,§ 2, eff. 1/1/2020.Amended by 2016 Ch. 72,§ 8, eff. 3/29/2016, op. 1/1/2017.Amended by 2015 Ch. 315,§ 8, eff. 1/1/2016.