2017 ORS 836.005¹

When used in the laws of this state relating to aviation, unless the context otherwise provides:

(1) “Air navigation facility” means any facility other than one owned or operated by the United States used in, available for use in, or designed for use in, aid of air navigation, including airports and any structures, mechanisms, lights, beacons, markers, communicating system or other instrumentalities or devices used or useful as an aid, or constituting an advantage or convenience to the safe taking-off, navigation and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities.

(2) “Aircraft” means any contrivance used or designed for navigation of or flight in the air, but does not mean a one-person motorless glider that is launched from the earth’s surface solely by the operator’s power.

(3) “Airport” means any area of land or water, within or without this state, that is used, or intended for use, for the landing and take-off of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or rights of way, together with all airport buildings and facilities located thereon.

(4) “Airport hazard” means any structure, object of natural growth, or use of land, that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport, or is otherwise hazardous to such landing or taking off.

(5) “Aviation” means the science and art of flight and includes but is not limited to:

(a) Transportation by aircraft;

(b) The operation, construction, repair or maintenance of aircraft, aircraft power plants and accessories, including the repair, packing and maintenance of parachutes;

(c) The design, establishment, construction, extension, operation, improvement, repair or maintenance of airports or other air navigation facilities; and

(d) Instruction in flying or ground subjects pertaining thereto.

(6) “Civil aircraft” means any aircraft other than a public aircraft.

(7) “Department” means the Oregon Department of Aviation.

(8) “Municipality” means any county, city, town, village, borough, authority, district or other political subdivision or public corporation of this state. “Municipal” means pertaining to a municipality as defined in this section.

(9) “Operation of aircraft” or “operate aircraft” means the use, navigation or piloting of aircraft in the airspace over this state or upon any airport within this state.

(10) “Person” means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative thereof.

(11) “Pilot” means any individual certificated by the federal government to operate an aircraft or an individual in training for such certification who possesses a valid student pilot certificate issued by the appropriate federal agency.

(12) “Public aircraft” means any aircraft used exclusively in the service of any government or of any political subdivision thereof, including the government of any state, territory or possession of the United States, or the District of Columbia, but not including any government-owned aircraft engaged in carrying persons or property for commercial purposes.

(13) “State” or “this state” means the State of Oregon and territory over which any municipality of the State of Oregon has jurisdiction. [Formerly 492.010; 1989 c.102 §1; 1993 c.741 §93; 1999 c.935 §36; 2003 c.14 §506]

(formerly 492.010)

See also annota­tions under ORS 492.010 in permanent edi­tion.

Notes of Decisions

Defini­tion of “aircraft” in this sec­tion did not control interpreta­tion of word “aircraft” in life insurance policy. Totten v. New York Life Ins. Co., 298 Or 765, 696 P2d 1082 (1985)

Atty. Gen. Opinions

Effect of abandon­ment of airport under subsec­tion (6), (1975) Vol 37, p 665

1 Legislative Counsel Committee, CHAPTER 836—Airports and Landing Fields, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors836.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 836, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano836.­html (2017) (last ac­cessed Mar. 30, 2018).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.