Or. Admin. Code § 738-080-0030

Current through Register Vol. 63, No. 12, December 1, 2024

Section 738-080-0030 - Temporary Exemption from Registration of Manned Aircraft

(1) Aircraft not physically capable of operation or flight may be temporarily exempt from the requirement of annual registration by the Department. "Not physically capable of operation or flight" means an aircraft is not capable of being operated in forward motion on the ground or in flight and the incapability does not arise from the need for preventive maintenance or repairs to the aircraft such as flat tires, broken windows or other short term maintenance items that are normally required or from the aircraft being grounded because it has not had inspections required by the Federal Aviation Administration.

(2) An aircraft that is under construction, or one that is disassembled waiting reassembly, may be exempt from registration until it is physically capable of operation or flight.

(3) An aircraft owner who believes an aircraft is not physically capable of operation or flight must submit a signed "Request for Temporary Exemption" statement giving the reasons why it should be temporarily exempt from registration. The statement must be received by the Department 30 days before the aircraft registration expiration deadline to allow time for the Director or designee to determine the eligibility for exemption from registration.

(4) The Director or designee shall make the final determination as to which aircraft may be temporarily exempt from registration.

(a) If the exemption is denied, the aircraft owner will be notified. The owner must then submit the appropriate aircraft registration fee to the Department within 30 days of notification that the exemption is denied.

(b) An aircraft owner may request an informal review of the Director or designee's decision after payment of the appropriate registration fee has been submitted. Such review consists of an informal discussion with the Director or designee about the aircraft's status.

(c) A temporary exemption from registration under this rule will be effective for one year from the registration deadline. A new exemption statement must be submitted each year within the time frame specified in paragraph (3) of this rule.

Or. Admin. Code § 738-080-0030

1AD 1-1985, f. & ef. 12-20-85; AERO 1-1991, f. & cert. ef. 5-21-91; AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02; AVIA 5-2015, f. & cert. ef. 12/15/2015; AVIA 2-2017, f. 4-26-17, cert. ef. 4/28/2017; AVIA 2-2020, amend filed 02/18/2020, effective 2/18/2020

Statutory/Other Authority: ORS 835.035, 835.112 & 837.005

Statutes/Other Implemented: ORS 835.035 & 835.112