OR – Oregon

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Mount Hood is the highest peak in Oregon.

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Oregon government website just for reference.

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Oregon Legislature in case more laws were written since this book was published.

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Last updated on June 7, 2024

Airspace

In addition to checking the FAA UAS Facility Map or B4UFLY or SkyVector or Google Maps one should consider also FAA JO 7400.10F – Special Use Airspace which is an order, published yearly, providing a listing of all regulatory and non-regulatory special use airspace areas, as well as issued but not yet implemented amendments to those areas established by the FAA.

Special Use Airspace consists of airspace of defined dimensions identified by an area on the surface of the earth wherein activities must be confined because of their nature, or wherein limitations are imposed upon aircraft operations that are not a part of those activities, or both. The vertical limits of special use airspace are measured by designated altitude floors and ceilings expressed as flight levels or as feet above MSL. Unless otherwise specified, the word “to” (an altitude or flight level) means “to and including” (that altitude or flight level). The horizontal limits of special use airspace are measured by boundaries described by geographic coordinates or other appropriate references that clearly define their perimeter. The period of time during which a designation of special use airspace is in effect is stated in the designation. All bearings and radials in this part are true from point of origin. Unless otherwise specified, all mileages in this part are stated as statute miles.

Restricted Areas: No person may operate an aircraft within a restricted area between the designated altitudes and during the time of designation, unless they have the advance permission of:

(a) The using agency described in § 73.15; or

(b) The controlling agency described in § 73.17.

These using agencies may be the agency, organization, or military command whose activity within a restricted area necessitated the area being so designated. Upon the request of the FAA, the using agency shall execute a letter establishing procedures for joint use of a restricted area by the using agency and the controlling agency, under which the using agency would notify the controlling agency whenever the controlling agency may grant permission for transit through the restricted area in accordance with the terms of the letter. The using agency shall:

(1) Schedule activities within the restricted area;

(2) Authorize transit through, or flight within, the restricted area as feasible; and

(3) Contain within the restricted area all activities conducted therein in accordance with the purpose for which it was designated.

For the purposes of this part, the controlling agency is the FAA facility that may authorize transit through or flight within a restricted area in accordance with a joint-use letter issued under § 73.15.

Prohibited Areas: No person may operate an aircraft within a prohibited area unless authorization has been granted by the using agency. For the purpose of this subpart, the using agency is the agency, organization or military command that established the requirements for the prohibited area.

Military Operations Areas: A Military Operations Area (MOA) is airspace established outside of Class A airspace to separate/segregate certain nonhazardous military activities from IFR traffic and to identify for VFR traffic where these activities are conducted. Activities. MOA’s are established to contain certain military activities such as air combat maneuvers, air intercepts, acrobatics, etc.

Alert Areas:  Airspace which may contain a high volume of pilot training activities or an unusual type of aerial activity, neither of which is hazardous to aircraft.

Warning Areas: A non regulatory warning area is airspace of defined dimensions designated over international waters that contains activity which may be hazardous to nonparticipating aircraft. The purpose of such warning areas is to warn nonparticipating pilots of the potential danger. Activities may be hazardous.

National Security Areas: A national security area (NSA) consists of airspace of defined vertical and lateral dimensions established at locations where there is a requirement for increased security of ground facilities. The purpose of such national security areas is to request pilot cooperation by voluntarily avoiding flight through the NSA. When circumstances dictate a need for a greater level of security, flight in an NSA may be temporarily prohibited by regulation under the provisions of 14 CFR Section 99.7, Special Security Instructions. Such prohibitions will be issued by FAA Headquarters and disseminated via the US NOTAM System.

 

 

 

Crewed Aircraft in your Airspace

CREWED AIRCRAFT

Lastly, if you want to be informed about crewed aircraft flying in the vicinity of your drone operation, you can always check with apps like FlightAware or ADS-B Exchange

 

 

Oregon Revised Statute 163.700

ORS 163.700

INVASION OF PRIVACY

Invasion of personal privacy in the second degree.

(1) Except as provided in ORS 163.702, a person commits the crime of invasion of personal privacy in the second degree if:

(a)(A) For the purpose of arousing or gratifying the sexual desire of the person, the person is in a location to observe another person in a state of nudity without the consent of the other person; and

(B) The other person is in a place and circumstances where the person has a reasonable expectation of personal privacy; or

(b)(A) The person knowingly makes or records a photograph, motion picture, videotape or other visual recording of another person’s intimate area without the consent of the other person; and

(B) The person being recorded has a reasonable expectation of privacy concerning the intimate area.

(2) As used in this section and ORS 163.701:

(a) “Intimate area” means nudity, or undergarments that are being worn by a person and are covered by clothing.

(b) “Makes or records a photograph, motion picture, videotape or other visual recording” includes, but is not limited to:

(A) Making or recording or employing, authorizing, permitting, compelling or inducing another person to make or record a photograph, motion picture, videotape or other visual recording.

(B) Making or recording a photograph, motion picture, videotape or other visual recording through the use of an unmanned aircraft system as defined in ORS 837.300, even if the unmanned aircraft system is operated for commercial purposes in compliance with authorization granted by the Federal Aviation Administration.

(c) “Nudity” means any part of the uncovered or less than opaquely covered:

(A) Genitals;

(B) Pubic area; or

(C) Female breast below a point immediately above the top of the areola.

(d) “Places and circumstances where the person has a reasonable expectation of personal privacy” includes, but is not limited to, a bathroom, dressing room, locker room that includes an enclosed area for dressing or showering, tanning booth and any area where a person undresses in an enclosed space that is not open to public view.

(e) “Public view” means that an area can be readily seen and that a person within the area can be distinguished by normal unaided vision when viewed from a public place as defined in ORS 161.015.

(f) “Reasonable expectation of privacy concerning the intimate area” means that the person intended to protect the intimate area from being seen and has not exposed the intimate area to public view.

(3) Invasion of personal privacy in the second degree is a Class A misdemeanor.

Oregon Revised Statute 164.885

ORS 164.885

Endangering aircraft.

(1) A person commits the crime of endangering aircraft in the first degree if the person knowingly:

(a) Throws an object at, or drops an object upon, an aircraft;

(b) Discharges a bow and arrow, gun, airgun or firearm at or toward an aircraft;

(c) Tampers with an aircraft or a part, system, machine or substance used to operate an aircraft in such a manner as to impair the safety, efficiency or operation of an aircraft without the consent of the owner, operator or possessor of the aircraft; or

(d) Places, sets, arms or causes to be discharged a spring gun, trap, explosive device or explosive material with the intent of damaging, destroying or discouraging the operation of an aircraft.

(2)(a) Except as provided in paragraph (b) of this subsection, a person commits the crime of endangering aircraft in the second degree if the person knowingly possesses a firearm or deadly weapon in a restricted access area of a commercial service airport that has at least 2 million passenger boardings per calendar year.

(b) Paragraph (a) of this subsection does not apply to a person authorized under federal law or an airport security program to possess a firearm or deadly weapon in a restricted access area.

(3)(a) Endangering aircraft in the first degree is a Class C felony.

(b) Endangering aircraft in the second degree is a Class A misdemeanor.

(4) As used in this section:

(a) “Aircraft” does not include an unmanned aircraft system as defined in ORS 837.300.

(b) “Restricted access area” means an area of a commercial service airport that is:

(A) Designated as restricted in the airport security program approved by the federal Transportation Security Administration; and

(B) Marked at points of entry with signs giving notice that access to the area is restricted.

Oregon Revised Statute 498.128

ORS 498.128

Use of drones for pursuit of wildlife prohibited; rules.

(1) The State Fish and Wildlife Commission shall adopt rules prohibiting the use of drones for the following purposes related to the pursuit of wildlife:

(a) Angling;

(b) Hunting;

(c) Trapping;

(d) Aiding angling, hunting or trapping through the use of drones to harass, track, locate or scout wildlife; and

(e) Interfering in the acts of a person who is lawfully angling, hunting or trapping.

(2) Rules adopted to carry out the prohibitions provided for in this section may include exemptions for:

(a) Subject to ORS 837.360, the State Department of Fish and Wildlife and the department’s agents and contractors for the use of drones in carrying out the duties of the department; or

(b) The use of drones in a manner otherwise prohibited under this section if the purpose of the use is to benefit wildlife management or habitat or for the protection of property.

(3) Nothing in this section is meant to limit the use of drones by a person who is lawfully engaging in activities authorized under the commercial fishing laws.

(4) As used in this section, “drone” means:

(a) An unmanned flying machine;

(b) An unmanned water-based vehicle; or

(c) Any other vehicle that is able to operate in the air, in or under the water or on land, either remotely or autonomously, and without a human occupant.

Oregon Revised Statute 837

ORS 837

837.300 Definitions. As used in ORS 837.300 to 837.390 and 837.995:

(1) “Aircraft” has the meaning given that term in ORS 836.005.

(2) “Law enforcement agency” means an agency that employs peace officers, as defined in ORS 133.005, or that prosecutes offenses.

(3) “Public body” has the meaning given that term in ORS 174.109.

(4) “Unmanned aircraft system” means an unmanned flying machine, commonly known as a drone, and its associated elements, including communication links and the components that control the machine.

(5) “Warrant” means a warrant issued under ORS 133.525 to 133.703.

Note: 837.300 to 837.390 and 837.995 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 837 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Use of Unmanned Aircraft Systems by Law Enforcement Agencies)

837.310 Restrictions; exceptions.

(1) Except as otherwise provided in ORS 837.310 to 837.345, a law enforcement agency may not operate an unmanned aircraft system, acquire information through the operation of an unmanned aircraft system or disclose information acquired through the operation of an unmanned aircraft system.

(2) Any image or other information that is acquired through the use of an unmanned aircraft system by a law enforcement agency in violation of ORS 837.310 to 837.345, and any evidence derived from that image or information:

(a) Is not admissible in, and may not be disclosed in, a judicial proceeding, administrative proceeding, arbitration proceeding or other adjudicatory proceeding; and

(b) May not be used to establish reasonable suspicion or probable cause to believe that an offense has been committed.

Note: See note under 837.300.

837.320 Authorized use upon issuance of warrant; exigent circumstances.

(1) A law enforcement agency may operate an unmanned aircraft system, acquire information through the operation of an unmanned aircraft system, or disclose information acquired through the operation of an unmanned aircraft system, if:

(a) A warrant is issued authorizing use of an unmanned aircraft system; or

(b) The law enforcement agency has probable cause to believe that a person has committed a crime, is committing a crime or is about to commit a crime, and exigent circumstances exist that make it unreasonable for the law enforcement agency to obtain a warrant authorizing use of an unmanned aircraft system.

(2) A warrant authorizing the use of an unmanned aircraft system must specify the period for which operation of the unmanned aircraft system is authorized. In no event may a warrant provide for the operation of an unmanned aircraft system for a period of more than 30 days. Upon motion and good cause shown, a court may renew a warrant after the expiration of the 30-day period.

Note: See note under 837.300.

837.330 Written consent.

A law enforcement agency may operate an unmanned aircraft system for the purpose of acquiring information about an individual, or about the individual’s property, if the individual has given written consent to the use of an unmanned aircraft system for those purposes.

Note: See note under 837.300.

837.335 Search and rescue; use in emergencies.

(1) A law enforcement agency may operate an unmanned aircraft system, acquire information through the operation of an unmanned aircraft system, or disclose information acquired through the operation of an unmanned aircraft system, for the purpose of search and rescue activities, as defined in ORS 404.200.

(2) A law enforcement agency may operate an unmanned aircraft system, acquire information through the operation of an unmanned aircraft system, or disclose information acquired through the operation of an unmanned aircraft system, for the purpose of assisting an individual in an emergency if:

(a) The law enforcement agency reasonably believes that there is an imminent threat to the life or safety of the individual, and documents the factual basis for that belief; and

(b) Not more than 48 hours after the emergency operation begins, an official of the law enforcement agency files a sworn statement with the circuit court that describes the nature of the emergency and the need for use of an unmanned aircraft system.

(3) A law enforcement agency may operate an unmanned aircraft system, acquire information through the operation of an unmanned aircraft system, or disclose information acquired through the operation of an unmanned aircraft system, during a state of emergency that is declared by the Governor under ORS chapter 401 if:

(a) The unmanned aircraft system is used only for the purposes of preserving public safety, protecting property or conducting surveillance for the assessment and evaluation of environmental or weather-related damage, erosion or contamination; and

(b) The unmanned aircraft system is operated only in the geographical area specified in a proclamation pursuant to ORS 401.165 (5).

Note: See note under 837.300.

837.340 Investigations of crimes and accidents.

(1) A law enforcement agency may operate an unmanned aircraft system, acquire information through the operation of an unmanned aircraft system, or disclose information acquired through the operation of an unmanned aircraft system, for the purpose of reconstruction of a specific crime scene or accident scene, or similar physical assessment, related to a specific investigation.

(2) The period that a law enforcement agency may operate an unmanned aircraft system under this section may not exceed five days for the purpose of reconstruction of a specific crime scene or accident scene, or similar physical assessment, related to a specific investigation.

Note: See note under 837.300.

837.345 Training.

(1) A law enforcement agency may operate an unmanned aircraft system for the purpose of training in:

(a) The use of unmanned aircraft systems; and

(b) The acquisition of information through the operation of an unmanned aircraft system.

(2) Any image or other information that is acquired through the use of an unmanned aircraft system by a law enforcement agency under this section, and any evidence derived from that image or information:

(a) Is not admissible in, and may not be disclosed in, a judicial proceeding, administrative proceeding, arbitration proceeding or other adjudicatory proceeding; and

(b) May not be used to establish reasonable suspicion or probable cause to believe that an offense has been committed.

Note: See note under 837.300.

(Use of Unmanned Aircraft Systems in State Parks)

837.350 Restrictions; authorized use; rules.

(1) The State Parks and Recreation Commission shall adopt rules managing the use of unmanned aircraft systems by people in state parks to protect natural, cultural, scenic and recreational resources in a park property or adjacent areas while providing for enjoyment of recreational use of unmanned aircraft systems.

(2) Subject to ORS 837.300 to 837.390, rules adopted under this section may allow:

(a) The State Parks and Recreation Department and the department’s agents and contractors to use unmanned aircraft systems in carrying out the duties of the department.

(b) The use of unmanned aircraft systems for the purpose of resource management, emergency operations or protection of property.

Note: See note under 837.300.

(Public Bodies)

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.

Note: See note under 837.300.

837.362 Policies and procedures for use of data.

(1) A public body that operates an unmanned aircraft system shall establish policies and procedures for the use, storage, accessing, sharing and retention of data, including but not limited to video and audio recordings, resulting from the operation of the unmanned aircraft system.

(2) The public body shall post the following information on the public body’s website or otherwise make the following information available to the public:

(a) The policies and procedures established under this section.

(b) The text of ORS 192.345.

(3) The policies and procedures established under this section must include:

(a) The length of time data will be retained by the public body.

(b) Specifications for third party storage of data, including handling, security and access to the data by the third party.

(c) A policy on disclosure of data through intergovernmental agreements.

Note: See note under 837.300.

(Offenses)

837.365 Weaponized unmanned aircraft systems; penalties.

(1) Except as provided in subsection (3) of this section, a person may not intentionally, knowingly or recklessly operate or cause to be operated an unmanned aircraft system that is:

(a) Capable of firing a bullet or projectile; or

(b) Specifically designed or modified to cause, and is presently capable of causing, serious physical injury as defined in ORS 161.015.

(2)(a) Except as provided in paragraphs (b) and (c) of this subsection, violation of subsection (1) of this section is a Class A misdemeanor.

(b) Violation of subsection (1) of this section is a Class C felony if the person intentionally, knowingly or recklessly operates an unmanned aircraft system and the unmanned aircraft system fires a bullet or projectile.

(c) Violation of subsection (1) of this section is a Class B felony if the person intentionally, knowingly or recklessly operates an unmanned aircraft system and the unmanned aircraft system:

(A) Fires a bullet or projectile that causes serious physical injury, as defined in ORS 161.015, to another person; or

(B)(i) Is specifically designed or modified to cause, and is presently capable of causing, serious physical injury as defined in ORS 161.015; and

(ii) The design or modification causes serious physical injury, as defined in ORS 161.015, to another person.

(3) Subsection (1) of this section does not apply if:

(a) The person uses the unmanned aircraft system to release, discharge, propel or eject a nonlethal projectile for purposes other than to injure or kill persons or animals;

(b) The person uses the unmanned aircraft system for non recreational purposes in compliance with specific authorization from the Federal Aviation Administration;

(c) The person notifies the Oregon Department of Aviation, the Oregon State Police and any other agency that issues a permit or license for the activity requiring the use of the unmanned aircraft system of the time and location at which the person intends to use an unmanned aircraft system that is capable of releasing, discharging, propelling or ejecting a projectile at least five days before the person uses the system;

(d) If the person intends to use an unmanned aircraft system that is capable of releasing, discharging, propelling or ejecting a projectile in an area open to the public, the person provides reasonable notice to the public of the time and location at which the person intends to use the unmanned aircraft system; and

(e) The person maintains a liability insurance policy in an amount not less than $1 million that covers injury resulting from use of the unmanned aircraft system.

(4) The notification requirement of subsection (3)(c) of this section does not apply to:

(a) A career school licensed under ORS 345.010 to 345.450;

(b) A community college as defined in ORS 341.005;

(c) A school;

(d) The Oregon Health and Science University;

(e) A public university listed in ORS 352.002; or

(f) An institution that is exempt from ORS 348.594 to 348.615 under ORS 348.597 (2).

(5) Notwithstanding subsection (3) of this section, a person may not use an unmanned aircraft system that is capable of releasing, discharging, propelling or ejecting a projectile for purposes of crowd management.

(6) As used in this section, “school” means a public or private institution of learning providing instruction at levels kindergarten through grade 12, or their equivalents.

Note: See note under 837.300.

837.370 Operation over privately owned premises; penalties.

(1) Except as provided in subsection (2) of this section, a person may not operate an unmanned aircraft system over the boundaries of privately owned premises in a manner so as to intentionally, knowingly or recklessly harass or annoy the owner or occupant of the privately owned premises.

(2) Subsection (1) of this section does not apply to the use of an unmanned aircraft system by a law enforcement agency under ORS 837.335.

(3)(a) Except as provided in paragraphs (b) and (c) of this subsection, violation of subsection (1) of this section is a Class B violation.

(b) If, at the time of the offense, the person has one prior conviction under this section, violation of subsection (1) of this section is a Class A violation.

(c) If, at the time of the offense, the person has two or more prior convictions under this section, violation of subsection (1) of this section is a Class B misdemeanor.

(d) If the court imposes a sentence of probation for a violation under paragraph (c) of this subsection, the court may order as a condition of probation that the person may not possess an unmanned aircraft system.

Note: See note under 837.300.

837.372 Operation over critical infrastructure facility; penalty.

(1) As used in this section, “critical infrastructure facility” means any of the following facilities, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if marked with a sign conspicuously posted on the property that indicates that entry is forbidden:

(a) A petroleum or alumina refinery;

(b) An electrical power generating facility, substation, switching station or electrical control center;

(c) A chemical, polymer or rubber manufacturing facility;

(d) A water intake structure, water treatment facility, wastewater treatment plant or pump station;

(e) A natural gas compressor station;

(f) A liquid natural gas terminal or storage facility;

(g) A telecommunications central switching office;

(h) A port, railroad switching yard, trucking terminal or other freight transportation facility;

(i) A gas processing plant, including a plant used in the processing, treatment or fractionation of natural gas;

(j) A transmission facility used by a federally licensed radio or television station;

(k) A steelmaking facility that uses an electric arc furnace to make steel;

(L) A dam that is classified as a high hazard by the Water Resources Department;

(m) Any portion of an aboveground oil, gas or chemical pipeline that is enclosed by a fence or other physical barrier that is obviously designed to exclude intruders; or

(n) A correctional facility or law enforcement facility.

(2) Except as provided in subsection (3) of this section, a person commits a Class A violation if the person intentionally or knowingly:

(a) Operates an unmanned aircraft system over a critical infrastructure facility at an altitude not higher than 400 feet above ground level; or

(b) Allows an unmanned aircraft system to make contact with a critical infrastructure facility, including any person or object on the premises of or within the facility.

(3) This section does not apply to:

(a) The federal government.

(b) A public body.

(c) A law enforcement agency.

(d) A person under contract with or otherwise acting under the direction or on behalf of the federal government, a public body or a law enforcement agency.

(e) An owner or operator of the critical infrastructure facility.

(f) A person who has the prior written consent of the owner or operator of the critical infrastructure facility.

(g) The owner or occupant of the property on which the critical infrastructure facility is located.

(h) A person who has the prior written consent of the owner or occupant of the property on which the critical infrastructure facility is located.

(i) A person operating an unmanned aircraft system for commercial purposes in compliance with authorization granted by the Federal Aviation Administration.

Note: See note under 837.300.

837.374 Reckless interference with aircraft; penalties.

(1) A person commits a Class A violation if the person possesses or controls an unmanned aircraft system and recklessly causes the unmanned aircraft system to:

(a) Direct a laser at an aircraft while the aircraft is in the air;

(b) Crash into an aircraft while the aircraft is in the air; or

(c) Prevent the takeoff or landing of an aircraft.

(2) A person commits a Class A misdemeanor if the person possesses or controls an unmanned aircraft system and knowingly or intentionally causes the unmanned aircraft system to:

(a) Direct a laser at an aircraft while the aircraft is in the air;

(b) Crash into an aircraft while the aircraft is in the air; or

(c) Prevent the takeoff or landing of an aircraft.

(3) Notwithstanding subsection (1) of this section, a person commits a Class A misdemeanor if the person violates subsection (1) of this section and the person has one or more convictions under subsection (1) of this section at the time of the offense.

(4) In addition to and not in lieu of any other sentence the court may impose, upon a person’s second or subsequent conviction under this section, the court shall, at the time of sentencing, declare the unmanned aircraft system used in the offense to be contraband and order that the unmanned aircraft system be forfeited.

Note: See note under 837.300.

(Civil Remedies)

837.375 Interference with an unmanned aircraft system; unauthorized control.

In addition to any other remedies allowed by law, a person who intentionally interferes with, or gains unauthorized control over, an UAS licensed by the FAA, or operated by the Armed Forces of the US as defined in ORS 352.313, an agency of the United States or a federal, state or local law enforcement agency, is liable to the owner of the UAS in an amount of not less than $5,000. The court shall award reasonable attorney fees to a prevailing plaintiff in an action under this section.

Note: See note under 837.300.

837.380 Action by owner of real property; Attorney General.

(1) Except as provided in subsections (2) and (3) of this section, a person who owns or lawfully occupies real property in this state may bring an action against any person or public body that operates an unmanned aircraft system that is flown over the property if:

(a) The operator of the unmanned aircraft system has flown the unmanned aircraft system over the property on at least one previous occasion; and

(b) The person notified the owner or operator of the unmanned aircraft system that the person did not want the unmanned aircraft system flown over the property.

(2) A person may not bring an action under this section if:

(a) The unmanned aircraft system is lawfully in the flight path for landing at an airport, airfield or runway; and

(b) The unmanned aircraft system is in the process of taking off or landing.

(3) A person may not bring an action under this section if the unmanned aircraft system is operated for commercial purposes in compliance with authorization granted by the Federal Aviation Administration. This subsection does not preclude a person from bringing another civil action, including but not limited to an action for invasion of privacy or an action for invasion of personal privacy under ORS 30.831.

(4) A prevailing plaintiff may recover treble damages for any injury to the person or the property by reason of a trespass by an unmanned aircraft system as described in this section, and may be awarded injunctive relief in the action.

(5) A prevailing plaintiff may recover attorney fees under ORS 20.080 if the amount pleaded in an action under this section is $10,000 or less.

(6) The Attorney General, on behalf of the State of Oregon, may bring an action or claim for relief alleging nuisance or trespass arising from the operation of an unmanned aircraft system in the airspace over this state. A court shall award reasonable attorney fees to the Attorney General if the Attorney General prevails in an action under this section.

Note: See note under 837.300.

State Preemption

(Preemption)

837.385 Preemption of local laws regulating unmanned aircraft systems.

Except as expressly authorized by state statute, the authority to regulate the ownership or operation of unmanned aircraft systems is vested solely in the Legislative Assembly. Except as expressly authorized by state statute, a local government, as defined ORS 174.116, may not enact an ordinance or resolution that regulates the ownership or operation of unmanned aircraft systems or otherwise engage in the regulation of the ownership or operation of unmanned aircraft systems.

Note: See note under 837.300.

 

(Armed Forces of the United States)

837.390 Applicability. ORS 837.300 to 837.390 and 837.995 and section 11, chapter 686, Oregon Laws 2013, do not apply to the Armed Forces of the United States as defined in ORS 352.313.

Note: See note under 837.300.

PENALTIES

837.990 Penalties.

(1) Except as otherwise provided in this section and subject to ORS 153.022, a person commits a Class A violation if the person violates any provision of this chapter or any rule adopted, or order issued, under this chapter.

(2) The offense described in ORS 837.080, prohibited operation of an aircraft, is a Class B misdemeanor.

837.995 Crimes involving unmanned aircraft systems; penalties.

(1) A person commits a Class A felony if the person possesses or controls an unmanned aircraft system and intentionally causes, or attempts to cause, the unmanned aircraft system to:

(a) Fire a bullet or other projectile at an aircraft while the aircraft is in the air;

(b) Direct a laser at an aircraft while the aircraft is in the air; or

(c) Crash into an aircraft while the aircraft is in the air.

(2) A person who intentionally interferes with, or gains unauthorized control over, an unmanned aircraft system licensed by the FAA, or operated by the Armed Forces of the United States as defined in ORS 352.313, an agency of the United States or a federal, state or local law enforcement agency, commits a Class C felony.

Note: See note under 837.300.

837.998 Civil penalties.

(1) Except as provided in subsection (2) of this section, in addition to any other penalty provided by law, the Director of the Oregon Department of Aviation may impose a civil penalty not to exceed $720 for each violation of any provision of this chapter or any rule adopted, or order issued, under this chapter.

(2) The director may impose a civil penalty not to exceed $2,500 for violation of ORS 837.080 or any rule adopted, or order issued, under this chapter to enforce ORS 837.080.

(3) The director shall impose civil penalties under this section in the manner provided in ORS 183.745.

City of Portland 20.12.180

City of Portland 20.12.180

Remote Control Vehicles, Aircraft and Watercraft.

No person shall operate any remote-controlled internal combustion powered vehicle, or any remote-controlled electric or internal combustion powered watercraft or aircraft, in, on or over any Park, except in such places the Director may designate for such use.

Oregon Dept. of Education – UAS

UAS in Education 

Overview

Unmanned Aerial Systems (UAS), sometimes referred to as drones, are appearing in a number of educational settings. The information on this page is provided to help educators develop safe, legal, and engaging uses for the UAS.

For further information, please contact Dan Findley

Legal Requirements

General Resources

Educational Resources

  • Drones in Education
    • Oregon Educator Network site maintained by the Oregon Department of Education.
  • UAS at OSU
    • The mission of the Unmanned Aerial Systems Initiative at Oregon State University is to promote education and research through the use of Unmanned Aerial Systems (UAS). The mission of the Unmanned Aerial Systems Initiative at Oregon State University is to promote education and research through the use of Unmanned Aerial Systems (UAS).
  • Unmanned Aerial Vehicles Project Frameworks
    • These frameworks were developed by teachers who attended the CTE Techfest at Clackamas Community College in 2016. The documents are in various stages of completion.
  • Drones in Agriculture for STEM/STEAM Education
    • A blog maintained by the Oregon State University Extension Service.

Oregon Metro Rules

Oregon Metro

Unmanned aircraft system technology is an increasingly essential tool for government agencies. Metro has implemented a UAS program to collect imagery and map features in support of:

  • Monitoring and inspecting natural area properties, parks and trails
  • Viewing areas that are otherwise difficult to access due to heavy vegetation or topographical features
  • Transportation planning and analysis
  • Land use analysis
  • Inspecting Metro’s facilities and Metro-regulated facilities and sites
  • Measuring natural resources and physical structures
  • Illustrating storytelling videos and promotional materials

Our pilots and aircraft

UAS are considered aircrafts by the Federal Aviation Administration and Oregon Department of Aviation. Metro operates UAS technology in accordance with the rules and regulations of these agencies. All Metro staff flying UAS hold a remote pilot certificate from the Federal Aviation Administration and all Metro-owned drones are registered with both of the agencies, as required.

Metro registered aircraft

DJI Phantom 4 Pro v2.0

POLICY

The purpose of this policy is to establish guidelines for Metro’s unmanned aerial system (UAS) usage and to establish standards and procedures for the use, access, storage, retrieval and dissemination of the images and data collected. This policy and procedure document is intended to satisfy the requirements of ORS 837.362.

Definitions

Unmanned Aerial System (UAS): means an unmanned aircraft and its associated elements capable of sustaining flight with no pilot on board. It is commonly referred to as an unmanned aerial vehicle (UAV) or a drone, as defined by ORS 837.300.

Public body: has the meaning given that term in ORS 174.109.

Metro: means the metropolitan service district of the Portland metropolitan area, a municipal corporation established and existing pursuant to Section 14 of Article XI of the Oregon Constitution, ORS chapter 268, and the Metro Charter.

Policy Metro may use unmanned aerial systems in any lawful way that will help facilitate Metro’s work for the community and its residents. This may include, but is not limited to:

1. Monitoring and inspecting natural area properties, parks and trails

2. Viewing areas that are otherwise difficult to access due to heavy vegetation or topographical features

3. Transportation planning and analysis

4. Land use analysis

5. Inspecting Metro’s facilities and Metro-regulated facilities and sites

6. Measuring natural resources and physical structures

7. Illustrating storytelling videos and promotional materials

8. Analyzing disaster debris storage and transfer potential and assessing damage after a disaster

9. Other evaluation, measurement, documentation and assessment activities that enable efficient management and stewardship of Metro’s facilities and properties and public resources

Data and imagery collected will primarily be used for internal use. Metro will store the data for an indefinite time period, but in no event less than the time required by law. Certain data (such as that used to monitor properties) may lend itself to a more lengthy retention period than other data (such as that used to create a promotional video). At Metro’s discretion and subject to Oregon’s public records laws, Metro may make images and data available to the general public. Metro may also disclose the data to other governmental agencies through an intergovernmental agreement. Unless Metro has an approved Certificate of Waiver or Authorization (COA), Metro will only conduct UAS operations during daylight hours. Any use by Metro must comply with constitutional rights, privacy rights and Federal Aviation Administration (FAA) regulations. Metro will make available to the public its UAS policies and procedures.

Additional Considerations

A. Third Party Storage of Data: If data is collected via a third party or contractor, these third party providers must comply with the same obligations as Metro to securely store the data.

B. UAS Coordinator: The Metro Chief Operating Officer will appoint a Metro UAS Coordinator. In addition to ensuring that Metro’s UAS policies and procedures conform to current laws, regulations and best practices, the Coordinator will:

1. Ensure all of Metro’s authorized operators comply with both the Federal Aviation Administration and the Oregon Department of Aviation regulations, as well as Metro’s own internal UAS policy

2. Further develop operational and safety procedures for UAS deployment and operations

3. Establish inspection, maintenance and record-keeping procedures

4. Ensure Metro has registered every Metro UAS with the Oregon Department of Aviation, as required by ORS 837.360 and the Federal Aviation Administration as required by OAR 738-080-0045

5. Develop procedures for storage, security and access of the data collected, regardless of whether the data is collected by Metro or on behalf of Metro

6. Ensure that all data collected has an accompanying collection report. This report will detail the date of collection, the name of the pilot in command, the location of the collection, and a brief description of the type of data collected

7. Submit an annual report to the Oregon Department of Aviation summarizing the frequency of Metro’s drone usage and the purpose for this use, as is required under ORS 837.360(6)

C. UAS Pilots: Only FAA certified remote pilots may serve as Pilot-in-command for UAS operations.

D. Prohibited Uses of UAS: No Metro employee or third party contractor may use the UAS video surveillance equipment to:

1. Harass, intimidate or discriminate against any individual or group

2. Conduct personal business of any type

Sunriver Rules

Sunriver

5.05 Unmanned Aircraft Systems

Except as permitted by the SROA General Manager, the flight of unmanned aircraft, including but not limited to aerial drones, is prohibited in Sunriver. Violation of this rule constitutes a Class A offense.

University Drone Policies

George Fox University

Oregon Institute of Technology

Oregon State University

University of Oregon

 

Note: This list is just a sample… many more could be added.

Advanced Air Mobility (AAM)

HB2834 – enacted 2023

2023 – Jump Aero, Oregon DOT Partner For Fast-Response eVTOLs

 

Short Essay Questions

Question 1

You have been hired by a Drone Startup Company. Your boss has immediately assigned this job to you.

They need you to prepare a one-page memo detailing the legalities of using your drone to assist rescuers find missing hikers at Mount Hood, pictured above.

They need you to mention any state laws and local ordinances.

They specifically want to know what airspace you will be operating in, and whether or not you need an airspace authorization, with or without LAANC capability.

Lastly, there is a bonus for you if, as you scroll through this chapter, you find any typos or broken links!

Question 2

Do the state drone laws implicate the First Amendment? If so, describe, citing the exact law.

Question 3

Do the state drone laws implicate the Fourth Amendment? Or involve law enforcement officers obtaining warrants? If so, describe, citing the exact law.

Question 4

Do the state drone laws contain a preemption clause? If so, describe, citing the exact law.

Question 5

Does the state have UAM/AAM laws? If so, describe, citing the exact law.

Question 6

Are you aware of any new laws or policies not mentioned above? If so, describe, citing the exact law or policy.

 

 

 

License

Icon for the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License

Drones Across the World Copyright © 2023 by Sarah Nilsson is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License, except where otherwise noted.

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