Oregon Revised Statutes

Chapter 383 — Tollways

65 sections

383.001 Findings

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…

383.002 Interstate 5 bridge replacement project; description

The Legislative Assembly finds that it is in the interests of this state to undertake the Interstate 5 bridge replacement project. 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 t…

383.003 Definitions for ORS 383.001 to 383.245

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. “Interstate 5 bridge replaceme…

383.004 Establishment of tolls; rules

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 cons…

383.005 Agreements for tollway projects; operation of projects

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 …

383.006 [2007 c.531 §6; repealed by 2021 c.630 §153]

383.007 [1995 c.668 §3a; 1997 c.390 §1; 1997 c.671 §3; repealed by 2001 c.844 §9]

383.008 Interstate 5 Bridge Toll Account

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 replace…

383.009 Toll Program Fund; sources; uses

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: 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 toll…

383.010 [Repealed by 1981 c.153 §79]

383.011 Contract terms regarding entry into possession by Department of Transportation; eminent domain

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…

383.013 [1995 c.668 §6; 2001 c.844 §3; repealed by 2021 c.630 §153]

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.

383.015 Initiation of project; fees; rules; conditions for authorization; studies

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, …

383.017 Property tax exemption; application of certain laws

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…

383.019 Agreements between department and private entities regarding maintenance of tollways

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…

383.020 [Repealed by 1981 c.153 §79]

383.021 [1995 c.668 §10; repealed by 2001 c.844 §9]

383.023 [1995 c.668 §11; 2007 c.783 §177; repealed by 2021 c.630 §153]

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.

383.027 Issuance of revenue bonds by municipality for tollway project

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.

383.030 [Repealed by 1981 c.153 §79]

383.035 Toll payment; failure to pay toll; penalty

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. 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 n…

383.040 [Repealed by 1981 c.153 §79]

383.045 Evidence from electronic toll collection system; payment of fees

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 …

383.050 [Repealed by 1981 c.153 §79]

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.

383.060 [Repealed by 1981 c.153 §79]

383.065 [2007 c.531 §7; repealed by 2021 c.630 §153]

383.070 [Repealed by 1981 c.153 §79]

383.075 Driver records and information used to collect and enforce tolls; fees; rules

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. Information collected or maintained by an electronic toll collection system may not be disclosed to anyone except: The owner of an account…

383.080 [Repealed by 1981 c.153 §79]

383.090 [Repealed by 1981 c.153 §79]

383.100 [Repealed by 1981 c.153 §79]

383.110 [Repealed by 1981 c.153 §79]

383.120 [Repealed by 1981 c.153 §79]

383.130 [Repealed by 1981 c.153 §79]

383.140 [Repealed by 1981 c.153 §79]

383.150 Toll program

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…

383.155 [2017 c.750 §120a; repealed by 2021 c.630 §138]

FINANCING

383.200 Revenue bonds for tollway projects

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 s…

383.205 Sources of funds to secure revenue bonds for tollway projects

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 paym…

383.210 [Repealed by 1981 c.153 §79]

383.215 Collection and use of federal transportation funds

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…

383.220 [Amended by 1971 c.741 §29; repealed by 1981 c.153 §79]

383.225 Revenue declaration or indenture; contents; purpose

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…

383.230 [Repealed by 1981 c.153 §79]

383.235 Reserve account

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 …

383.240 [Repealed by 1981 c.153 §79]

383.245 Bond form, issuance and maturity; provisions subject to determination of State Treasurer

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 …

383.250 [Repealed by 1981 c.153 §79]

383.260 [Repealed by 1981 c.153 §79]

383.270 [Repealed by 1981 c.153 §79]

383.280 [Repealed by 1981 c.153 §79]

383.310 [Repealed by 2007 c.531 §19]

383.315 [1995 c.668 §13; repealed by 2007 c.531 §19]

383.320 [Repealed by 2007 c.531 §19]

383.330 [Repealed by 2007 c.531 §19]

383.340 [Repealed by 2007 c.531 §19]

383.350 [Repealed by 2007 c.531 §19]

383.360 [Repealed by 2007 c.531 §19]

383.370 [Repealed by 2007 c.531 §19]

383.380 [Repealed by 2007 c.531 §19]

383.385 [1997 c.671 §1; repealed by 2007 c.531 §19]

383.386 [1997 c.671 §2; 2001 c.844 §8; repealed by 2007 c.531 §19]

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