View Full Version : Pilot registration required by USA states...........
Mike M
03-10-2016, 02:30 PM
The stuff we learn from Sport Aviation. Lauren Paine's March 2016 column. Oregon raised their pilot registration fee. Huh? States don't issue pilot certificates. What do they mean, register? So I looked it up. Wow. Oregon requires a tax to fly there. From everybody flying Pt 91, resident or non-resident:
§ 837.020 (1) In the interest of public safety and the safety of those people traveling by air or receiving aviation instruction, every pilot operating within this state shall register with the Oregon Department of Aviation ... Nonresidents operating within this state, other than in a commercial operation, shall register with the department within 60 days of the date of arrival within the state....
Tourists have to register with the state? Wow. That should improve safety. They do this for boats and motorhomes?
FlyingRon
03-10-2016, 02:34 PM
Sounds like an illegal restraint of interstate commerce. I suspect it's probably one of the most roundly ignored laws in the state.
Wilfred
03-10-2016, 03:01 PM
It is not the dumbest law in Oregon....there you cannot legally pump your own auto fuel into your car. You have to let a hired person do it. Their rational for the law is that it creates jobs. I would bet its a real professional position. What nuts !
martymayes
03-10-2016, 04:30 PM
I think if I was in the area I would purposely divert to an Oregon airport, land and notify them that I landed without giving 60 days prior notice - just to break as many rules as possible.
VFR-on-top
03-10-2016, 10:27 PM
Thanks for knocking Oregon without educating yourselves first. The state of Oregon has no sales tax. You come, you buy, you load up your SUV, saving hundreds, if not thousands, of bucks every year. Yet, here you are mocking our state's attempt to offset the revenue lost from our generosity of having no sales tax.
Likewise about the comments about the "dumb" fuel pumping law. Not only is the cost of gas no more or less than neighboring states, this law protects thousands of currently employed Oregonians who are now on track to earn $14.50 minimum wage in the near future.
What's the minimum wage in YOUR state? For 23 of you, it's the federal minimum wage: $7.25. And you have to pump your own gas. Who is dumb (or nuts) now?
If you're going off topic politically, please at least know what you're talking about. Good day.
FlyingRon
03-11-2016, 06:44 AM
It is not the dumbest law in Oregon....there you cannot legally pump your own auto fuel into your car. You have to let a hired person do it. Their rational for the law is that it creates jobs. I would bet its a real professional position. What nuts !
In NJ the stated argument that it's not safe to allow people to operate the nozzles themselves (though it somehow is safe to have a minimum wage guy stuff it in and leave it on automatic). In fact, the major reason was to protect the small service station operator against the larger gas-n-go places. I had a close friend whose father was an independent service station operator and there was no illusion as to the reason for hte law.
Easy big guy. Read some history. Apparently Oregon started licensing pilots and planes about 1921, which suited the local homebuilders just fine...
http://www.airspacemag.com/history-of-flight/the-resistance-17248215/
The stuff we learn from Sport Aviation. Lauren Paine's March 2016 column. Oregon raised their pilot registration fee. Huh? States don't issue pilot certificates. What do they mean, register? So I looked it up. Wow. Oregon requires a tax to fly there. From everybody flying Pt 91, resident or non-resident:
§ 837.020 (1) In the interest of public safety and the safety of those people traveling by air or receiving aviation instruction, every pilot operating within this state shall register with the Oregon Department of Aviation ... Nonresidents operating within this state, other than in a commercial operation, shall register with the department within 60 days of the date of arrival within the state....
Tourists have to register with the state? Wow. That should improve safety. They do this for boats and motorhomes?
FlyingRon
03-11-2016, 10:30 AM
So it's obsolete as well as likely illegal. Like to see what happens if they'd try to enforce it today.
Bob Dingley
03-11-2016, 11:21 AM
When I lived in Maine back in the last century, I had to register with the state as a pilot. I remember that it was about the same fee as the poll tax. There was some talk that the state "needed" some degree of control over pilots. They could in theory violate a pilot for something the FAA forgot to take action on. Pilots then grew more "forgetful" in renewing and finally someone asked the FAA to step in. FAA did, saying "We and we alone register airmen." It died a silent death.
Bob Dingley
03-11-2016, 11:30 AM
As I recall, It was first implemented by the state when the CAA was in place. By the 60's, the new FAA began stretching its long arm.
combahee
03-11-2016, 11:44 AM
Here they don't register pilots or aircraft, but what they do is get a list of all registered aircraft from the FAA so they can then access a property tax on the aircraft depending on it's assessed value. There is no registration, stickers, numbers etc. We also get nothing from the county for our tax money which also funds schools and the fire dept.
Mike M
03-11-2016, 11:48 AM
Easy big guy. Read some history....
History is great. Those who don't understand it are doomed to repeat it etc etc etc. Wonderful.
Just noting that a state has a law which requires non-resident private citizens to pay an annual tax for non-commercial flying within the state. Non-resident. Can't vote there.
No taxation without representation. Ring any bells with the history buffs?
Come on, not even a giggle?
Frank Giger
03-11-2016, 10:28 PM
Great article on the "why" of the law - and a fine example of how to approach laws that have lost their meaning and should be removed.
The licensing of aircraft and pilots by the state was for permissive purposes, not restrictive ones. Explain it to a legislator and they'll understand it.
I wish we'd of taken the same tact on the Class III physical. It was put in place to build a pool of pilots immediately available for military service - a lesson for the shock of WWI aviation needs and the complete lack of information the government had - and served its purpose well in the days prior to our entry into WWII. But the days of taking a Cub pilot and putting him behind the stick of a L-4 after a few weeks of military orientation and onto the front lines are long gone.
cub builder
03-12-2016, 11:46 AM
Just noting that a state has a law which requires non-resident private citizens to pay an annual tax for non-commercial flying within the state. Non-resident. Can't vote there.
Oregon doesn't license the pilots. They require them to register so they can collect a revenue. I don't think it makes much sense, but it's something they do. Other states charge for the plane instead of the pilot.
837.020 (1) In the interest of public safety and the safety of those people traveling by air or receiving aviation instruction, every pilot operating within this state shall register with the Oregon Department of Aviation ... Nonresidents operating within this state, other than in a commercial operation, shall register with the department within 60 days of the date of arrival within the state....
As posted earlier. As a nonresident, you have 60 days to register. If you aren't there operating for 60 days, then don't register. I spent several days flying around Oregon last fall. I haven't seen any bills from the Oregon revenuers. However, in the past, I have had the state of Washington send me a summons for my plane having been recorded at a Washington Airport twice in a 30 day period. I have also heard numerous nightmares about buying planes in Florida. Every state has their local laws and methods of collecting revenues.
-Cub Builder
rwanttaja
03-12-2016, 02:27 PM
As posted earlier. As a nonresident, you have 60 days to register. If you aren't there operating for 60 days, then don't register. I spent several days flying around Oregon last fall. I haven't seen any bills from the Oregon revenuers. However, in the past, I have had the state of Washington send me a summons for my plane having been recorded at a Washington Airport twice in a 30 day period. I have also heard numerous nightmares about buying planes in Florida. Every state has their local laws and methods of collecting revenues.
Washington registers the planes. Goes to support various state-funded airports and airport upgrades. Only $35 a year for my Fly Baby.
This state also doesn't have a state income tax, though the sales and gas taxes are killers. Best solution is to live in Vancouver, Washington, right across the bridge from sales-tax-free Portland, Oregon. :-)
Ron Wanttaja
VFR-on-top
03-12-2016, 09:00 PM
Mike M sez: Just noting that a state has a law which requires non-resident private citizens to pay an annual tax for non-commercial flying within the state. Non-resident. Can't vote there. No taxation without representation. Ring any bells with the history buffs?
Me: Speaking of taxation without representation, it works both ways -- if I land at an airport in YOUR state, I get tagged with a landing fee and charged sales tax on some items I purchase. This may be why you hear no bells ringing.
The Oregon pilot registration fee is only $24/year and is dedicated to search & rescue and pilot education. If I spent more than 60 days in Oregon, I don't think I'd gripe about such a miniscule fee.
Cary
Frank Giger
03-13-2016, 09:45 PM
If I spent more than 60 days in Oregon
Actually, if a pilot enters Oregon and lands just once on one day he's supposed to have notified the State of Oregon 60 days prior to the trip, registered, and paid the fee.
That's a bit different.
In other words, the way the legislation is written it pretty much matches what the FAA requires of European pilots who plan on visiting the USA and fly - which gives them a US pilot's certificate with their endorsements on it.
I'm swinging around and thinking this law should be scrapped.
The amount of the fine/fee/tax is irrelevant, much in the same way both the EAA and AOPA have fought any landing fee or ATC use fee for GA pilots. One dollar is too much.
Thank goodness I live in Alabama.
L16 Pilot
03-14-2016, 07:06 AM
Probably not a lot difference than a "hotel/Motel tax" that the traveling public pays to stay in xyz town (typically 8-10%) which also kinds of bugs me when I'm traveling. I had a one time registration fee on my 'antique aircraft". I think it was $75 and it was for any aircraft over 40 years old.
Frank Giger
03-14-2016, 09:50 AM
Actually it's more like having to register your car if you stop in the state on the way through and get some gas.
Actually, if a pilot enters Oregon and lands just once on one day he's supposed to have notified the State of Oregon 60 days prior to the trip, registered, and paid the fee.
That's a bit different.
In other words, the way the legislation is written it pretty much matches what the FAA requires of European pilots who plan on visiting the USA and fly - which gives them a US pilot's certificate with their endorsements on it.
I'm swinging around and thinking this law should be scrapped.
The amount of the fine/fee/tax is irrelevant, much in the same way both the EAA and AOPA have fought any landing fee or ATC use fee for GA pilots. One dollar is too much.
Thank goodness I live in Alabama.
I think you're misreading the statute, Frank. It doesn't say "before 60 days of the date of arrival"; it says "within 60 days of the date of arrival." Normal rules of statutory construction apply. "Within" means that starting on the day of arrival, count 60 days into the future. By the end of that 60 day period, the pilot is required to register and pay an initial fee of $24. Later the statute says that by the anniversary of that first arrival, the pilot is to pay $48, which is good for 2 more years, and on and on.
Cary
Bob Dingley
03-15-2016, 10:51 AM
Come now. Lets not focus on the money and miss the main point. It gives local law enforcement a means to issue a violation for some c.s. matter that the FAA would not touch. As I said in my previous post, The FAA told the State of Maine that they PRE-EMPTED state law and knock it off. The two bucks for a fee was chump change and the total take would not finance a picnic for even one DMV office.
Could the cops violate a pilot for a violating a local law, you bet. What happened to me: I was a Guard pilot with only "after hours" available to get my minimums. My duties took up the daylight hours. I was doing T&Gs in the pattern about 10 or 11 PM and was flagged down by a local cop. He had a curfew complaint and wanted to see my certs. I asked him if he could make out the US insignia on the side of my ride. I told him that I was a military pilot and see my Commander. I was on a mission. Lie. I did have FAA & state certs in my pocket but did not want to jepordize my part time charter gig. My occupation at the time was Police officer. I found out latter that he could have cuffed my right there for my attitude.
Frank Giger
03-15-2016, 11:16 AM
Detained and restrained for the safety of the officer. Not to tell a tale, but I have a friend who declined to remove the traffic cone from his head when instructed to during a totally unwarranted investigation of his legal actions who wound up in such a situation. No charges were filed and the subject was released to his more sober friends for transport to his home.
:)
I agree that the amount of the fee is irrelevant. If one is paid a single dollar or a million to have sex with someone they're still a professional at it.
Bob Dingley
03-15-2016, 11:54 AM
Detained and restrained for the safety of the officer. Not to tell a tale, but I have a friend who declined to remove the traffic cone from his head when instructed to during a totally unwarranted investigation of his legal actions who wound up in such a situation. No charges were filed and the subject was released to his more sober friends for transport to his home.
:)
Was not going that far. He asked for "License and registration." I pointed out the "registration" painted on the side. He wanted to see my state pilot registration. I denied having one. This predated the FAR that allowed cops to ask for your FAA certificates. I told him that every one's military pilot documentation was in a file cabinet in Unit Operations.
He could have given me a ticket for traffic court. I could have had my state pilot registration revoked. I would not have been allowed to fly My Champ and would have lost all that Tripacer work I was getting on the side.
Frank, your buddy: He couldn't get the chin strap undone fast enough?
Bob
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