Chapter 383 — Chapter 383
65 sections in this chapter.
ORS 383.001 Findings. The Legislative Assembly finds that
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(1) The development, improvement, expansion and maintenance of an efficient, safe and well-maintained system of roads, highways and other transportation facilities is essential to the economic well-being and high quality of life of the people of this state. (2) Public sources of …
ORS 383.002 Interstate 5 bridge replacement project; description. (1) The Legislative Assembly finds that it is in the interests of this state to undertake the Interstate 5 bridge replacement project
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(2) The Interstate 5 bridge replacement project is a bistate, multimodal corridor improvement project between the Washington State Route 500 interchange with Interstate 5 in Vancouver, Washington, and the Columbia Slough, south of the Victory Boulevard interchange with Interstate…
ORS 383.003 Definitions for ORS 383.001 to 383.245. As used in ORS 383.001 to 383.245
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(1) “Department” means the Department of Transportation. (2) “Electronic toll collection system” means a system for collecting tolls that: (a) Does not require a vehicle to stop at a toll booth to pay the toll; and (b) Uses transponder readers and license plate capture cameras to…
ORS 383.004 Establishment of tolls; rules. (1) Except as provided in subsection (3) of this section, a toll may not be established unless the Oregon Transportation Commission has reviewed and approved the toll. The commission shall adopt rules specifying the process under which proposals to establish tolls will be reviewed. When reviewing a proposal to establish tolls, the commission shall take into consideration
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(a) The amount and classification of the traffic using, or anticipated to use, the tollway; (b) The amount of the toll proposed to be established for each class or category of tollway user and, if applicable, the different amounts of the toll depending on time and day of use; (c)…
ORS 383.005 Agreements for tollway projects; operation of projects. (1) For purposes of the acquisition, design, construction, reconstruction, operation or maintenance and repair of tollways or tollway projects, the Department of Transportation may enter into any combination of contracts, agreements and other arrangements with any one or more private entities or units of government, or any combination thereof, including but not limited to the following
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(a) Design-build contracts with private entities pursuant to which a portion or all aspects of the design, construction and installation of all or any portion of a tollway or a tollway project are accomplished by the private entity; (b) Lease agreements, lease-purchase agreements…
ORS 383.006 [2007 c.531 §6; repealed by 2021 c.630 §153]
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[Repealed or reserved.]
ORS 383.007 [1995 c.668 §3a; 1997 c.390 §1; 1997 c.671 §3; repealed by 2001 c.844 §9]
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[Repealed or reserved.]
ORS 383.008 Interstate 5 Bridge Toll Account. (1) The Interstate 5 Bridge Toll Account is established in the State Treasury, separate and distinct from the General Fund and the State Highway Fund. Interest earned by the Interstate 5 Bridge Toll Account shall be credited to the account. Moneys in the account are continuously appropriated to the Department of Transportation for the Interstate 5 bridge replacement project
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(2) The department may transfer moneys from the account to the Toll Program Fund for the purposes described in ORS 383.009 (2)(k). [2025 c.255 §6]
ORS 383.009 Toll Program Fund; sources; uses. (1) The Toll Program Fund is established, separate and distinct from the General Fund and the State Highway Fund. The Toll Program Fund shall consist of
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(a) All moneys and revenues received by the Department of Transportation from, or made available to the department by, the federal government for any tollway project or for the operation or maintenance of any tollway; (b) Any moneys received by the department from any other unit …
ORS 383.010 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 383.011 Contract terms regarding entry into possession by Department of Transportation; eminent domain. (1) Every contract, agreement or other arrangement between the Department of Transportation and any private entity pursuant to which a private entity owns, leases or operates a tollway shall provide that, if an event occurs that seriously jeopardizes or impairs the continued availability and operation of the tollway, the department shall be entitled to enter into and take possession of the tollway and to exercise all of the rights attendant to such possession, including the right to receive all tolls and other revenues of the tollway, subject to any obligations incurred for the tollway, and the right to operate, maintain, repair and reconstruct the tollway
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(2) The department may exercise the power of eminent domain to acquire property for tollway projects, regardless of whether the property will be owned in fee simple by the department. [1995 c.668 §5; 2001 c.844 §2]
ORS 383.013 [1995 c.668 §6; 2001 c.844 §3; repealed by 2021 c.630 §153]
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[Repealed or reserved.]
ORS 383.014 Interstate system compatibility; rules. The Oregon Transportation Commission shall establish criteria when selecting electronic toll collection systems used in this state to ensure interoperability with tolling systems used in other states, to the extent that technology facilitating interoperability exists. [2007 c.531 §8; 2021 c.630 §140]
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[Repealed or reserved.]
ORS 383.015 Initiation of project; fees; rules; conditions for authorization; studies. (1) Tollway projects may be initiated by the Department of Transportation, by a unit of government having an interest in the installation of a tollway, or by a private entity interested in constructing or operating a tollway project. The department shall charge an administrative fee for reviewing and considering any tollway project proposed by a private entity, which the department shall establish by rule. All such administrative fees shall be deposited into the Toll Program Fund
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(2) The department shall adopt rules pursuant to which it will consider authorization of a tollway project. The rules shall require consideration of: (a) The opinions and interests of units of government encompassing or adjacent to the path of the proposed tollway project in havi…
ORS 383.017 Property tax exemption; application of certain laws. (1) Tollways, and any related facilities that would normally be purchased, constructed or installed by the Department of Transportation if the tollway were a conventional highway that was constructed and operated by the department, shall be exempt from ad valorem property taxation
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(2) Tollways are considered state highways for purposes of law enforcement and application of the Oregon Vehicle Code. [1995 c.668 §8; 2003 c.794 §269; 2021 c.630 §141]
ORS 383.019 Agreements between department and private entities regarding maintenance of tollways. (1) Every agreement between the Department of Transportation and a private entity pursuant to which the private entity owns or operates a tollway and is entitled to collect the revenues therefrom shall require that the tollway be maintained in a safe condition and be returned to the state in a safe and serviceable condition without need of any repair or reconstruction
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(2) Every agreement between the department and a private entity pursuant to which the private entity owns or operates a tollway and is entitled to collect the revenues therefrom shall provide for the establishment and funding of a maintenance, repair and reconstruction trust fund…
ORS 383.020 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 383.021 [1995 c.668 §10; repealed by 2001 c.844 §9]
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[Repealed or reserved.]
ORS 383.023 [1995 c.668 §11; 2007 c.783 §177; repealed by 2021 c.630 §153]
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[Repealed or reserved.]
ORS 383.025 Certain information provided to Department of Transportation exempt from disclosure. Sensitive business, commercial or financial information presented to the Department of Transportation by a private entity for the purpose of determining the feasibility of the entity’s participation in a tollway project is exempt from disclosure under ORS 192.311 to 192.478. [2001 c.844 §5]
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[Repealed or reserved.]
ORS 383.027 Issuance of revenue bonds by municipality for tollway project. (1) A public body, as defined in ORS 287A.001, may issue revenue bonds for the purpose of financing a tollway project
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(2) A nonprofit corporation organized under Oregon law may issue revenue bonds for the purpose of financing a tollway project. (3) Revenue bonds authorized by this section shall be issued as prescribed in ORS chapter 287A. [2001 c.844 §6; 2007 c.783 §§178,232d]
ORS 383.030 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 383.035 Toll payment; failure to pay toll; penalty. (1) A registered owner of a motor vehicle shall pay a toll established under ORS 383.004 in accordance with rules adopted by the Department of Transportation
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(2) A person who fails to pay a toll established under ORS 383.004 when due shall pay to the Department of Transportation the amount of the toll and an administrative fee established by the tollway operator not to exceed the actual cost of collecting the unpaid toll. (3) The depa…
ORS 383.040 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 383.045 Evidence from electronic toll collection system; payment of fees. (1) A recorded image produced by an electronic toll collection system shall capture only images of a vehicle and the license plate of the vehicle
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(2) Except as provided in subsection (3) of this section, a recorded image of a vehicle and the license plate of the vehicle produced by an electronic toll collection system at the time the driver of the vehicle did not pay a toll shall be prima facie evidence that the registered…
ORS 383.050 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 383.055 Assessment and collection of unpaid tolls; rules. The Oregon Transportation Commission shall establish a process by rule for the assessment of unpaid tolls and the collection of civil penalties and administrative fees under ORS 383.035. [2007 c.531 §9]
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[Repealed or reserved.]
ORS 383.060 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 383.065 [2007 c.531 §7; repealed by 2021 c.630 §153]
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[Repealed or reserved.]
ORS 383.070 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 383.075 Driver records and information used to collect and enforce tolls; fees; rules. (1) Except as provided in subsections (2) and (3) of this section, records and information used to collect and enforce tolls are exempt from disclosure under public records law and are to be used solely for toll collection
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(2) Information collected or maintained by an electronic toll collection system may not be disclosed to anyone except: (a) The owner of an account that is charged for the use of a tollway; (b) A collection agency, as defined in ORS 697.005, a payment processor as defined by the D…
ORS 383.080 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 383.090 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 383.100 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 383.110 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 383.120 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 383.130 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 383.140 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 383.150 Toll program. (1) The Oregon Transportation Commission shall establish a toll program
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(2) As part of the toll program, after seeking and receiving approval from the Federal Highway Administration, the commission may assess variable rate tolls. Tolling may include, but is not limited to assessing variable rate tolls for the purpose of: (a) Managing congestion; and …
ORS 383.155 [2017 c.750 §120a; repealed by 2021 c.630 §138]
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FINANCING
ORS 383.200 Revenue bonds for tollway projects. (1) In accordance with the applicable provisions of ORS chapter 286A, the State Treasurer, at the request of the Department of Transportation, may issue and sell revenue bonds known as tollway project revenue bonds for the purpose of financing tollway projects authorized by the Oregon Transportation Commission or the Department of Transportation, provided that such bonds do not constitute a debt or general obligation of the department or of this state or any of its political subdivisions, but shall be payable solely from the revenues, amounts, funds and accounts described in ORS 383.009, 383.205 and 383.235
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(2) The proceeds of bonds issued under this section may be used by the department or loaned or granted to a private entity or a local government, as defined in ORS 174.116, for the purposes of: (a) Financing any portion of the costs related to the purposes described in ORS 383.00…
ORS 383.205 Sources of funds to secure revenue bonds for tollway projects. (1) Moneys deposited in the Toll Program Fund established under ORS 383.009 are pledged to the payment of tollway project revenue bonds issued under ORS 383.200
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(2) The Department of Transportation, with the approval of the State Treasurer, may designate in any revenue declaration or indenture prepared under ORS 383.225 additional revenues as security for the payment of tollway project revenue bonds. The department shall set the order of…
ORS 383.210 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 383.215 Collection and use of federal transportation funds. (1) If allowed by federal law, the Department of Transportation may use federal transportation funds for the following purposes
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(a) For deposit into one or more special funds or accounts that may be pledged to secure payment of the tollway project revenue bonds issued under ORS 383.200. (b) For payment of the costs of tollway projects. (c) For reimbursement to the department of moneys previously spent on …
ORS 383.220 [Amended by 1971 c.741 §29; repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 383.225 Revenue declaration or indenture; contents; purpose. (1) Before tollway project revenue bonds are issued under ORS 383.200, the Department of Transportation must prepare a revenue declaration or indenture authorizing issuance of the bonds. The revenue declaration or indenture must be signed by the Director of Transportation or a person designated by the director and must be approved by the State Treasurer or a person designated by the State Treasurer
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(2) A revenue declaration or indenture prepared under this section may do any of the following: (a) Pledge any part or all of moneys described under ORS 383.205 for purposes of the bonds to be issued. (b) Limit the purpose for which the proceeds of the sale may be applied by the …
ORS 383.230 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 383.235 Reserve account. (1) The Department of Transportation may establish one or more separate reserve accounts within, or separate and distinct from, the Toll Program Fund in connection with the issuance of tollway project revenue bonds issued under ORS 383.200
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(2) The moneys held in any account established under this section may be subject to the provisions of any revenue declaration or indenture prepared under ORS 383.225. [2021 c.630 §151]
ORS 383.240 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 383.245 Bond form, issuance and maturity; provisions subject to determination of State Treasurer. (1) A tollway project revenue bond issued under ORS 383.200
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(a) Must contain on its face a statement that the ad valorem taxing power of this state is not pledged to the payment of the principal or the interest on the bond. (b) Shall be issued as provided in ORS chapter 286A. (c) Must mature on or before a date determined by calculation o…