Oregon Statutes 830.080 – Boating Offense Compact
The Boating Offense Compact is enacted into law and entered into on behalf of this state with all other states legally joining therein in a form substantially as follows:
Terms Used In Oregon Statutes 830.080
- Arrest: Taking physical custody of a person by lawful authority.
- Boating offense: means violation of any provision of law that is made a crime or violation under the provisions of this chapter. See Oregon Statutes 830.005
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Operate: means to navigate or otherwise use a boat. See Oregon Statutes 830.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Statute: A law passed by a legislature.
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
______________________________________________________________________________
(1) The party states find that:
(a) The safety of their waters is materially affected by the degree of compliance with state laws and local ordinances relating to the operation of boats.
(b) Violation of such a law or ordinance is evidence that the violator engages in conduct which is likely to endanger the safety of persons and property.
(2) It is the policy of each of the party states to promote compliance with the laws, ordinances and administrative rules and regulations relating to the operation of boats by their operators in each of the jurisdictions where such operators operate boats.
As used in this compact, ‘state’ means a state that has entered into this compact.
(1) If conduct is prohibited by two adjoining party states, courts and law enforcement officers in either state who have jurisdiction over boating offenses committed where waters form a common interstate boundary have concurrent jurisdiction to arrest, prosecute and try offenders for the prohibited conduct committed anywhere on the boundary water between the two states.
(2) This compact does not authorize:
(a) Prosecution of any person for conduct that is unlawful in the state where it was committed, but lawful in the other party state.
(b) A prohibited conduct by the party state.
(1) This compact shall enter into force and become effective as to any state when it has enacted the same into law.
(2) Any party state may withdraw from this compact by enacting a statute repealing the same.
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
______________________________________________________________________________ [1991 c.590 § 5]
830.080 was added to and made a part of ORS Chapter 830 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
MANDATORY BOATING SAFETY EDUCATION