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(continued) loating Home" means a moored structure that is secured to a pier or filings and is used primarily as a domicile and not as a boat.
(4) "Owner" means a person or persons who have a property interest other than a security interest in a floating home or boathouse, and the right of use or possession of the floating home or boathouse, but does not include a lessee.
(5) "Ownership" means a property interest other than a security interest.
(6) "Person" means an individual, partnership, firm, corporation, association, or other entity.
(7) "Security Interest" means an interest reserved or created by agreement which secures payment or performance of an obligation as more particularly defined by subsection (37) of ORS 71.2010.
(8) "Waters of This State" means all waters within the territorial limits of this state, the marginal sea adjacent to this state, and the high seas when navigated as a part of a journey or ride to and from the shore of this state.
Stat. Auth.: ORS 830
Stats. Implemented: ORS 830.850
Hist.: MB 1-1978, f. & ef. 4-5-78
250-010-0310
Certificate of Registration and Title for a Floating Home or Boathouse
(1) The application shall be made on a form furnished by the Board and mailed directly to the Oregon State Marine Board or presented in person with the required fee.
(2) Application forms shall be available at the office of the Board.
(3) The Certificate of Registration shall contain ownership data, location, and property description. The certificate of title shall contain ownership data, transfer of ownership data, location, and property description.
(4) With each Certificate of Registration issued by the Board, there shall be issued one registration plate. The plate shall be placed on the structure near the electric meter, to be clearly visible from the access walkway. If a meter is not on the premises, or if it is located in an area that is not accessible, the registration plate shall be placed on the structure in an area that is clearly visible from the access walkway.
(5) The numbers on the plate will correspond with the registration serial number issued by the Board on the original application. The plate color will be white background with green numbers and so maintained to be clearly visible and legible at all times.
(6) When an application for a Certificate of Title indicates that the legal owner of the Floating Home/Boathouse is other than the principal owner, the title will be mailed to the legal owner.
Stat. Auth.: ORS 830
Stats. Implemented: ORS 830.855
Hist.: MB 1-1978, f. & ef. 4-5-78; Suspended by MB 10-1983(Temp), f. 11-29-83, ef. 12-1-83; MB 1-1984, f. & ef. 1-5-84
250-010-0315
Issuance and Duplication Fees
(1) Fees for title issuance and duplication shall be: Title original issuance, title change (requires reissuance) and title duplication with or without change when original has been lost, mutilated, destroyed or stolen (requires reissuance) -- $20.
(2) Fees for duplicate registration plate -- $20.
Stat. Auth.: ORS 830
Stats. Implemented: ORS 830.870
Hist.: MB 20-1983, f. 11-29-83, ef. 12-1-83; MB 17-1987, f. 11-4-87, ef. 1-1-88
250-010-0320
Oregon Floating Home/Boathouse Registration Numbering System
The Floating Home/Boathouse numbering system adopted for use in the State of Oregon shall consist of the designator FH (Floating Home), BH (Boathouse), or C (Combination Floating Home/Boathouse), followed by the maximum of five digits and alpha letter to designate the year of registration. The letters "O", "I", and "Q" and all offensive combinations shall not be used.
EXAMPLES: -1- FH-00001-A-00 thru FH-99999-A-36
-2- BH-00001-A-00 thru BH-99999-A-36
-3- C-00001-A-00 thru C-99999-A-36
The "A" designates the year registered; i.e., A = 1977, B = 1978, etc. The last two digits indicate the county number where the structure is located.
Stat. Auth.: ORS 830
Stats. Implemented: ORS 830.870
Hist.: MB 1-1978, f. & ef. 4-5-78
250-010-0325
Report of Transfer, Abandonment, or Wrecking of Floating Home/Boathouse or Change of Address
(1) The owner of a Floating Home/Boathouse for which a valid identifying number has been awarded by this state shall notify the Board within 30 days of transfer of ownership. Abandonment or destruction of the structure also requires mailing the title to the Board within 30 days for cancellation.
(2) Within 30 days after any change of address, the owner of a Floating Home or Boathouse shall report the change of location to the Board.
(3) Title transfers received for processing 31 or more days after transfer, abandonment or destruction shall be assessed a late penalty fee of $25. All late penalty fees shall be in addition to the prescribed original issuance title fee.
(4) The Board will waive the penalty fee for the following reasons:
(a) The applicant did not have possession of the title or replacement title form; or
(b) The person became physically or mentally incapacitated following the purchase of the vessel, directly preventing or making it impractical for the person to meet requirements for delivery of documents.
(5) Examples of situations the Board shall consider to be beyond a person's control include but shall not be limited to where:
(a) The person is involved in an accident or suffers a debilitating illness, condition or occurrence immediately following the purchase of the vessel that prevents this person from conducting business for an extended time period following vessel purchase;
(b) The vessel is purchased from a person who fails to provide the purchaser with the title or replacement title.
(6) Examples of situations the Board would not consider to be beyond a person's control include but shall not be limited to situations where the:
(a) Applicant purchases a vessel and the seller provides the title or replacement title to the purchaser within 25 days of the sale;
(b) The applicant made no attempt to obtain the title or replacement title from the seller;
(c) Applicant sustained minor injury, or incurred a short-term hospital stay which did not directly affect their ability to conduct business or to otherwise comply with requirements for delivery of documents.
Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.710
Hist.: MB 1-1978, f. & ef. 4-5-78; MB 17-1987, f. 11-4-87, ef. 1-1-88; MB 8-1992, f. & cert. ef. 6-16-92
Boating Under the Influence of Intoxicants
250-010-0400
Boating Under the Influence of Intoxicants
The following rules are in addition to and support of all other applicable laws and rules.
Stat. Auth.: ORS 830.110 & ORS 830.505 - ORS 830.550
Stats. Implemented:
Hist.: MB 2-1992, f. & cert. ef. 3-13-92
250-010-0410
Definitions
"Chemical Test/Chemical Analysis" means a quantitative analysis for alcohol by means of direct or indirect measurement of physiochemical technique performed on a sample of breath.
Stat. Auth.: ORS 830.110 & ORS 830.505 - ORS 830.550
Stats. Implemented: ORS 830.505
Hist.: MB 2-1992, f. & cert. ef. 3-13-92; MB 4-1995, f. & cert. ef. 7-14-95
250-010-0420
Officer Report
(1) The arresting officer shall, within ten days of the arrest of an operator for operating a boat while under the influence of intoxicants, complete and submit to the Board the following:
(a) Operating Under the Influence Report;
(b) Consent Report.
(2) The Board shall publish and distribute in such form and content as required, report forms specified in subsections (1)(a) and (b) of this rule.
Stat. Auth.: ORS 830.110 & ORS 830.505 - ORS 830.550
Stats. Implemented: ORS 830.520
Hist.: MB 2-1992, f. & cert. ef. 3-13-92; MB 4-1995, f. & cert. ef. 7-14-95
250-010-0430
Chemical Analyses
(1) In accordance with ORS 830.535 the chemical analyses of a person's blood shall be performed according to approved methods as contained in OAR Chapter 333, Division 13 of the Health Division, Department of Human Resources.
(2) The chemical analysis of a person's breath shall be performed by an individual possessing a valid permit to perform such analyses issued by the Department of State Police under ORS 813.160 as contained in OAR Chapter 257, Division 30 or as approved by the Board in OAR 250-010-0440.
(3) The chemical analysis of a person's breath for alcohol can be performed using the Intoxilyzer 5000 or the Intoxilyzer 1400 as approved under OAR 257-030-0040. The Board also approves the use of the Drager Alcotest EPAS (Evidential Portable Alcohol System) 7410 Plus for arrests made under ORS 830.325.
Stat. Auth.: ORS 830.110 & ORS 830.505 - ORS 830.550
Stats. Implemented: ORS 830.535
Hist.: MB 2-1992, f. & cert. ef. 3-13-92; OSMB 3-2001, f.& cert. ef. 3-29-01
250-010-0440
Qualifications of Breath Test Equipment Operators
(1) No individual shall operate approved breath testing equipment to determine the alcohol content of the blood of a person in accordance with the provisions of ORS 830.535 unless that individual has been issued a permit to operate such equipment by the Oregon State Police or the Board.
(2) To qualify for training in the operation of approved breath testing equipment, an individual must be a police officer as defined under ORS 181.610 or a technician of the Marine Board, or a technician of the Oregon State Police:
(a) An exception to the above rule may be granted by the Board in the case of sworn reserve officers if a written request for such exemption is submitted by the administrative head of the law enforcement unit of which the officer is a member;
(b) An exception may also be granted by the Board in the case of sworn city or county corrections officers employed by a city or county law enforcement unit, as defined in ORS 181.610, and written request for exception is submitted by the administrative head of the law enforcement unit employing that corrections officer.
Stat. Auth.: ORS 830.110 & ORS 830.505 - ORS 830.550
Stats. Implemented: ORS 830.535
Hist.: MB 2-1992, f. & cert. ef. 3-13-92; MB 4-1995, f. & cert. ef. 7-14-95
250-010-0450
Training for Operators of Breath Test Equipment
(1) Upon request of the administrative head of a city, port or county law enforcement unit, as defined in ORS 181.610, the Oregon State Police, or the Board will provide training in the operation of approved breath test equipment for individuals qualified under OAR 250-010-0440.
(2) The Oregon State Police or the Board will provide a course of instruction covering the chemical analysis of a person's breath to determine the alcohol content thereof, which instruction shall include, but not be limited to:
(a) Approved methods and techniques of chemical analyses;
(b) Use of approved equipment;
(c) Interpretation of test results.
(3) Upon completion of the course of instruction, a written examination will be given and a passing grade of 80 percent or above will be required.
(4) Upon receipt of a passing grade, a permit shall be issued by the Oregon State Police or the Board to the officer stating the methods and equipment the officer is qualified to use.
(5) The Board shall issue policy for the use and testing procedures of the Drager Alcotest EPAS 7410 Plus.
Stat. Auth.: ORS 830.110 & ORS 830.505 - ORS 830.550
Stats. Implemented: ORS 830.535
Hist.: MB 2-1992, f. & cert. ef. 3-13-92; MB 4-1995, f. & cert. ef. 7-14-95; OSMB 3-2001, f. & cert. ef. 3-29-01
250-010-0460
Certification of Accuracy of Breath Test Equipment
(1) Accuracy testing of approved breath testing equipment shall be performed by qualified personnel of:
(a) The Oregon State Police Forensic Services Division; or
(b) A state agency with appropriate laboratory facilities and personnel trained in testing such equipment; or
(c) An independent laboratory facility with personnel trained in testing such equipment.
(2) The testing facility shall certify the accuracy of the instrument if accuracy test performance is within a range of 0.01 high to 0.02 low from the expected value of a reference sample provided by the laboratory.
(3) Instrument testing may be accomplished either by remote telephone modem or by on-site evaluation.
Stat. Auth.: ORS 830.110 & ORS 830.505 - ORS 830.550
Stats. Implemented: ORS 830.535
Hist.: MB 2-1992, f. & cert. ef. 3-13-92; MB 4-1995, f. & cert. ef. 7-14-95
250-010-0470
Breath Testing Equipment Approval
Approval of any instrument or equipment to be used for the testing of a person's breath to determine the alcohol content of the blood may be issued by Department of State Police under ORS 813.160 as contained in OAR Chapter 257 Division 30 or as approved by the Board. The Board may use one of the following means:
(1) Submission by the manufacturer or distributor of the instrument of at least two reports of studies correlating blood analyses and breath tests performed with this instrument, conducted by two separate laboratories of governmental health or law enforcement agencies, or independent organizations, financially unrelated to the manufacturer or distributor of such instruments.
(2) Provision of a production model of the instrument by the manufacturer or distributor to the Board for a sufficient period of time to allow technicians to conduct sufficient investigation and laboratory tests to adequately ascertain its accuracy and repro-ducibility.
(3) Those instruments which have been found to conform to the model specifications for evidential breath testing devices set by the National Highway Traffic Safety Administration.
(4) Subsequent series of above instruments, so long as the subsequent changes and series do not diminish the instrument's ability to accurately determine blood alcohol content.
Stat. Auth.: ORS 830.110 & ORS 830.505 - ORS 830.550
Stats. Implemented: ORS 830.535
Hist.: MB 2-1992, f. & cert. ef. 3-13-92; MB 4-1995, f. & cert. ef. 7-14-95
Offender Education Program Administration
250-010-0500
Offender Education Program Administration
(1) The following rules support the offender education program specified in ORS 830.110.
(2) The primary purposes of this program are:
(a) To provide information to the student concerning state and federal laws and regulations as they pertain to boat operation;
(b) To increase student awareness of basic boating safety considerations;
(c) To suggest reasons for the student to modify his/her attitude so as to decrease the probability of future violations or boating accidents.
Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.110
Hist.: MB 3-1992, f. & cert. ef. 3-13-92
250-010-0510
Definitions
As used in OAR 250-010-0520 through 250-010-0550:
(1) "NASBLA" means National Association of State Boating Law Administrators.
(2) "Board" means the State Marine Board.
(3) "Sponsoring Organization/Agency" means name of organization or agency that provides course and examination.
(4) "Official" means individual representing the organization which sponsors the course.
Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.110
Hist.: MB 3-1992, f. & cert. ef. 3-13-92
250-010-0520
Content
Content for boating offender education course must meet NASBLA education standards. This shall include but not be limited to courses taught by the United States Power Squadrons, United States Coast Guard Auxiliary and the State Marine Board.
Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.110
Hist.: MB 3-1992, f. & cert. ef. 3-13-92
250-010-0530
Implementation
The Board shall, upon agreement, make available a boating education course through those law enforcement agencies which are already under contract to the Board for law enforcement services.
Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.110
Hist.: MB 3-1992, f. & cert. ef. 3-13-92
250-010-0540
Fees
Fees for the course shall not exceed the expenses associated with providing the course.
Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.110
Hist.: MB 3-1992, f. & cert. ef. 3-13-92
250-010-0550
Qualified Courses
In order that the court may inform a student of the availability of boating education courses, the Board shall compile and maintain a list of qualified courses.
Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.110
Hist.: MB 3-1992, f. & cert. ef. 3-13-92
250-010-0560
Completion Certificate
(1) The certificate format will be made available by the Board to the organization sponsoring the course.
(2) Certificate for successful completion of the course shall include the name of the person passing the course, name of the sponsoring organization, official's name, date of completion, and the court case number.
(3) Upon successful completion of the course, the defendant is responsible for sending the original copy of his/her certificate to the sentencing court.
Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.110
Hist.: MB 3-1992, f. & cert. ef. 3-13-92