Title 31, Highways, Roads, Bridges and Ferries

As used in ORS 383.001 to 383.245: (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 a…

(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 reviewe…

(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 pri…

(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 …

(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: (a) All moneys and revenues received by the Department of Transportation from, or made available to the department by, the fed…

(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 avai…

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…

(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 …

(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 taxatio…

(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 …

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. [200…

(1) A public body, as defined in ORS 287A.001, may issue revenue bonds for the purpose of financing a tollway project. (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 th…

(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. (2) A person who fails to pay a toll established under ORS 383.004 when due shall pay to the Department of Transportation…

(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. (2) Except as provided in subsection (3) of this section, a recorded image of a vehicle and the license plate of the vehicle produced…

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]

(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. (2) Information collected or maintained by an electronic…

(1) The Oregon Transportation Commission shall establish a toll program. (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 assess…

(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 O…

(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. (2) The Department of Transportation, with the approval of the State Treasurer, may designate in any revenue declarati…

(1) If allowed by federal law, the Department of Transportation may use federal transportation funds for the following purposes: (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 …

(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 pe…

(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. (2) The moneys held in any account esta…

(1) A tollway project revenue bond issued under ORS 383.200: (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…

As used in this chapter, unless the context requires otherwise, “county court” includes board of county commissioners. FERRIES UNDER DEPARTMENT OF TRANSPORTATION

Whenever the Department of Transportation finds and determines that the operation of a ferry across any stream, river, bay, arm of the ocean or other body of water is necessary and convenient in connection with the use of any state highway, the department may acquire, construct, …

The Department of Transportation may itself, or under a cooperative agreement with any county, construct the necessary approaches, ramps, docks, wharves, ferry slips or other such appurtenances as are necessary for the maintenance and operation of a ferry mentioned in ORS 384.105…

In the acquisition, establishment, construction or operation of a ferry mentioned in ORS 384.105, the Department of Transportation and the county court of any county within which is located any stream, river, bay, arm of the ocean or other body of water over which it is contempla…

It is discretionary with the Department of Transportation whether a ferry mentioned in ORS 384.105 be operated by the state. If operated by the state and the county under a cooperative agreement, it is discretionary with the Department of Transportation and the county court wheth…

When a ferry mentioned in ORS 384.105 is acquired, constructed, operated and maintained by the Department of Transportation alone, the entire cost and expense may be paid out of the State Highway Fund. If the ferry has been acquired, constructed and is being operated and maintain…

(1) The Department of Transportation may fix, alter and establish from time to time the rate of ferriage to be levied and collected, and may, in its judgment, whenever circumstances warrant and require, alter or change any such rate. (2) Whenever the Department of Transportation …

Every person licensed to keep and operate a ferry as provided in ORS 384.105 shall post in some conspicuous place near the ferry landing a written or printed list of the rates of ferriage which are chargeable under the orders of the Department of Transportation. The list of rates…

Persons licensed by the Department of Transportation to maintain and operate a ferry under ORS 384.105 to 384.150 shall be required to furnish a bond or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 in such amount as the department req…

(1) If any keeper or operator of a ferry at any time demands and receives more than the amount designated for ferrying or fails to keep or perform the conditions of the license or contract, the Department of Transportation may revoke the license or permit and may require the keep…

Any ferry operated and maintained as provided in ORS 384.105 to 384.145 is part of the state highway system.

The state acting by and through the Department of Transportation, and any county, city, town or port of the State of Oregon adjoining or bordering on any interstate river or stream of water, is each and every one authorized to: (1) Establish, maintain and operate ferry service in…

In carrying out the provisions of ORS 384.305 to 384.360, the Department of Transportation, and each of the counties, cities, towns or ports mentioned in ORS 384.305, may act independent of or in conjunction with each other upon the terms and conditions agreed upon by the contrac…

For the purpose of carrying out or putting into effect any right, power and authority granted by ORS 384.305 to 384.360 or any other law, the Department of Transportation, and each and all of the public bodies or agencies mentioned in ORS 384.305, may make and enter into agreemen…

The Department of Transportation, and any county, city, town or port mentioned in ORS 384.305, may pay out of its respective funds, or any other funds to any of them available, all or any part of the cost of the construction, maintenance and operation of the ferry service.

The construction, purchase, maintenance and operation of any ferry service under ORS 384.305 to 384.360 may be financed in whole or in part by loans obtained from the United States Government or any of its agencies, or from any other sources. As security for the payment of such l…

For the purpose of procuring funds, when necessary, with which to construct, maintain and operate the ferry service, the authority constructing, maintaining and operating the service may issue and sell revenue certificates, which shall not be the general obligation of the authori…

The Department of Transportation, and every other public body and agency mentioned in ORS 384.305 may: (1) Accept from the United States or any of its agencies, such funds as are available to this state or to any such public body or agency, for any of the purposes contemplated by…

The Department of Transportation, and any county, city, town or port mentioned in ORS 384.305 to 384.360, may exercise the power of eminent domain to carry out any of the provisions of ORS 384.305 to 384.360, in accordance with the procedure provided in ORS chapter 35. [Amended b…

Any ferry constructed, purchased or otherwise acquired and operated under ORS 384.305 to 384.360 may be operated free to the public or on toll. If operated on toll, the revenues derived therefrom may be pledged as provided in ORS 384.305 to 384.360.

If any ferry constructed, maintained and operated under ORS 384.305 to 384.360 is needed by the United States for any purpose in connection with national defense, then the authority which constructed and is maintaining and operating the ferry may sell it to the United States or m…

Any ferry service maintained and operated under ORS 384.305 to 384.360 shall connect, or provision shall be made for such connection, with a state and federal highway in this state and a state and federal highway in the adjoining state to which the ferry service is maintained. Su…

The authority conferred by ORS 384.305 to 384.355 is in addition and supplemental to the authority conferred by any other law.

Whenever the county court of any county determines that the construction or maintenance of a ferry in a state adjoining such county or connecting the county with the adjoining state, where there is then no ferry licensed and maintained, is a necessity or convenience to the citize…

The Department of Transportation, in the name of this state, if and when it appears to the department to be for the best interest of this state and the citizens thereof, may enter into a written agreement with the State of Washington, by and through its Director of Highways or ot…

No ferry service shall be established or maintained under ORS 384.405 to 384.440 unless it connects a state and federal highway in the State of Oregon with a state and federal highway in the State of Washington.

For the purpose of carrying out the objects of ORS 384.405 to 384.440 the Department of Transportation, acting jointly with the State of Washington, may: (1) Purchase, acquire and operate ferries between such places; or (2) Lease, rent or hire and operate ferries; or (3) Contract…