The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

DEPARTMENT OF STATE POLICE

 

DIVISION 40
ELECTRONIC SIGNALING DEVICES

 
257-040-0005
Introductory Provisions
(1) Nothing in these rules is intended to impose any duty or any standard of care or conduct on any public or private body, entity or person to initiate or undertake any search and rescue or related operation, to conduct any such operation in any particular manner, or to provide any form of monitoring of radio signals in any geographic area.
(2) The distributor of electronic signaling devices may require that users of the devices execute a release or waiver form under which users absolve the distributor or liability based on a claim that the device failed to function successfully, but no such release shall apply with respect to wilful or wanton misconduct or to distribution of a device with actual knowledge that is fails to meet the specifications in Exhibit 1 of theses rules.
(3) Distributors shall require users to report to the distributor, its agents or employes any activation, dropping, abuse, damage or impacts sustained by the devices.
[ED. NOTE: The Exhibit referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency.]
Stat. Auth.: ORS 401.635

Stats. Implemented: ORS 401.605 - ORS 401.635

Hist.: OSP 1-1988(Temp), f. 4-11-88, cert. ef. 4-8-88; OSP 2-1988, f. 8-17-88, cert. ef. 10-1-88
257-040-0010
Distribution Procedures
(1) Prior to giving any users custody of an electronic signaling device, the distributor must:
(a) Test the device for minimum power and so indicate on the user log (a Model User Log is attached as Exhibit 1);
(b) Visually inspect the device for external signs of damage and so indicate on the user log;
(c) Visually ascertain that the real on the device is intact and so indicate on the user log;
(d) Provide the user a copy of the written device instructions and a copy of the user's fact sheet (a Model User's Fact Sheet is attached as Exhibit 2), alert the user to any use instructions on the device or its harness, and obtain the user's written acknowledgement that the user has read the written instructions and witnessed the minimum power test;
(e) Enter his or her initial on the "Check Out Procedures" portion of the user log.
(f) The distributor shall not permit the use of any device that fails any test or inspection required above. However, where the visual inspection discloses only superficial damage of the device, as opposed to breakage of any component or a breach of the case, the device may be used it it passes the other tests and inspections.
(2) The distributor must obtain in writing the name, home or business address, telephone number if any, and state-issued license to operate a motor vehicle or equally reliable identification, such as Oregon Division of Motor Vehicles identification card.
(3) The distributor may require users to provide other identifying information, to pose security or a deposit to ensure the return of the device, take other customary business measures to prevent loss of of damage to the devices, and may limit the geographic area in which the device may be transported or used.
(4) Nothing in these rules shall be construed as requiring a distributor to record the anticipated return time of the user or the device, nor as requiring a distributor to notify any authority in the event a device is not timely returned.
[ED. NOTE: The Exhibit(s) referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency.]
Stat. Auth.: ORS 401.635

Stats. Implemented: ORS 401.605 - ORS 401.635

Hist.: OSP 1-1988(Temp), f. 4-11-88, cert. ef. 4-8-88; OSP 2-1988, f. 8-17-88, cert. ef. 10-1-88
 
257-040-0020
Return of a Device to a Distributor
(1) On the return of a device to a distributor, the distributor must:
(a) Test the device for minimum power and so indicate on the user log;
(b) Visually inspect the device for external signs of damage and so indicate on the user log;
(c) Visually inspect the seal on the device and record the seal number on the user log;
(d) Enter his or her initials on the "Check In Procedures" portion of the user log.
(2) These rules impose only minimum requirements. Nothing in theses rules is intended to prevent distributors from using additional forms, agreements or leases, or from requiring compensation for use of the devices.
(3) Distributor may use their own instructions, forms, logos and letterheads as written device instructions, user's fact sheets and users logs. However, any user's fact sheets and user logs shall contain, as a minimum, the information set forth in Exhibits 1 and 2, which are incorporated into theses rules.
[ED. NOTE: The Exhibit(s) referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency.]
Stat. Auth.: ORS 401.635

Stats. Implemented: ORS 401.605 - ORS 401.635

Hist.: OSP 1-1988(Temp), f. 4-11-88, cert. ef. 4-8-88; OSP 2-1988, f. 8-17-88, cert. ef. 10-1-88
257-040-0030
Specifications
(1) The Department of State Police has adopted the document entitled: "Specifications for the Electronic Signaling Device Pilot System (ESD), March 28, 1988, Oregon State Police, Advisory Committee - Senate Bill 915", as the specifications required by ORS 401.635 for electronic signaling devices. Those specifications are incorporated into these rules and are available at the Oregon Department of State Police, Communications Division, 107 Public Service Building, Salem, OR 97310, (503) 378-2575).
(2) Nothing in these rules is intended to restrict the development of or commerce in electronic signaling devices. Upon the written request of a manufacturer or distributor of such devices, the Department of State Police will consider additions or amendments to the specifications, provided that the proposed changes will not impair the reliability of electronic location devices, the safety of climbers or wilderness travelers, and will comply with federal and state laws regulating electronic transmitters and transmissions.
Stat. Auth.: ORS 401.635

Stats. Implemented: ORS 401.605 - ORS 401.635

Hist.: OSP 1-1988(Temp), f. 4-11-88, cert. ef. 4-8-88; OSP 2-1988, f. 8-17-88, cert. ef. 10-1-88

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
The Oregon Administrative Rules and the Oregon Bulletin are
copyrighted by the Oregon Secretary of State. Terms
and Conditions of Use