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Oregon Revised Statutes
Chapter 383 — Tollways
63 sections
The Legislative Assembly finds that:
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.
Public sources of revenues, including federal funding, to provide a…
As used in ORS 383.001 to 383.245:
“Department” means the Department of Transportation.
“Electronic toll collection system” means a system for collecting tolls that:
Does not require a vehicle to stop at a toll booth to pay the toll; and
Uses transponder readers and license plate capture cameras to aid in collecting tolls.
“Private entity” means any non…
Except as provided in subsection (2) 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 cons…
For purposes of the acquisition, design, construction, reconstruction, operation or maintenance and repair of 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 t…
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There is hereby established the Toll Program Fund as a separate and distinct fund from the State Highway Fund. The Toll Program Fund shall consist of:
All moneys and revenues received by the Department of Transportation from or made available by the federal government to the department for any tollway project or for the operation or maintenance of any tollw…
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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 int…
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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.
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, …
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.
Tollways are considered state highways for purposes of law enforcement and appli…
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 reconstr…
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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.
A public body, as defined in ORS 287A.001, may issue revenue bonds for the purpose of financing a tollway project.
A nonprofit corporation organized under Oregon law may issue revenue bonds for the purpose of financing a tollway project.
Revenue bonds authorized by this section shall be issued as prescribed in ORS chapter 287A.
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A person shall pay a toll established under ORS 383.004.
A person who fails to pay a toll established under ORS 383.004 shall pay to the Department of Transportation the amount of the toll, a civil penalty and an administrative fee established by the tollway operator not to exceed the actual cost of collecting the unpaid toll. The department shall adopt by …
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A recorded image produced by an electronic toll collection system shall capture only images of a vehicle and the license plate of the vehicle.
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 …
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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.
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Except as provided in subsections
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.
Information collected or maintained by an electronic toll collection system may not be disclosed to anyone except:
The owner of an account th…
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The Oregon Transportation Commission shall establish a toll program.
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:
Managing congestion; and
Partially or who…
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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, provided that such bonds do not constitute a debt or general obligation of the department or of this s…
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.
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 pay…
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If allowed by federal law, the Department of Transportation may use federal transportation funds for the following purposes:
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.
For payment of the costs of tollway projects.
For reimbursement to the depar…
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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 per…
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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.
The moneys held in any account established under this section may be subject to the provisions of any revenue declaration …
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A tollway project revenue bond issued under ORS 383.200:
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.
Shall be issued as provided in ORS chapter 286A.
Must mature on or before a date determined by calculation of the expected economic life of…
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