Oregon Statutes 830.380 – Peace officer authority to require operator to remedy especially hazardous condition
(1) When a peace officer observes a boat being operated on the waters of this state in an especially hazardous condition and determines that continuance of the voyage of the boat could place the occupants in imminent danger, the peace officer may order the operator of the boat to take immediate and reasonable steps to remedy the especially hazardous condition, including but not limited to directing the operator to move to a moorage and remain there until the especially hazardous condition is remedied.
Terms Used In Oregon Statutes 830.380
- Boat: means every description of watercraft, including a seaplane on the water and not in flight, used or capable of being used as a means of transportation on the water, but does not include boathouses, floating homes, air mattresses, beach and water toys or single inner tubes. See Oregon Statutes 830.005
- Continuance: Putting off of a hearing ot trial until a later time.
- Peace officer: includes a member of the Oregon State Police, a sheriff or deputy sheriff, a city police officer, an authorized tribal police officer as defined in ORS § 181A. See Oregon Statutes 830.005
- 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 part of a journey or ride to or from the shore of this state. See Oregon Statutes 830.005
(2) For purposes of this section, an especially hazardous condition is limited to the following conditions:
(a) Improper or insufficient personal flotation devices in violation of ORS § 830.215;
(b) Improper or insufficient fire extinguishers in violation of ORS § 830.220;
(c) Improper or insufficient backfire arresting devices on carburetors in violation of ORS § 830.235;
(d) Improper or insufficient navigation lights in violation of ORS § 830.225 if found between sunset and sunrise;
(e) Overloading in violation of ORS § 830.355;
(f) Overpowering; or
(g) Leakage of fuel from the boat engine, fuel system or bilge. [1997 c.568 § 2]
830.380 to 830.385 were added to and made a part of ORS Chapter 830 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.