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

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 that is charged for the use of a tollway;

A collection agency, as defined in ORS 697.005, a payment processor as defined by the Department of Transportation by rule, an agency, as defined in ORS 183.310, or a financial institution, as necessary to collect tolls owed;

Employees of the department;

The tollway operator and authorized employees of the operator;

A law enforcement officer who is acting in the officer’s official capacity in connection with toll enforcement;

An administrative law judge or court in an action or proceeding in relation to unpaid tolls or administrative fees or civil penalties related to unpaid tolls; and

As requested for use in any civil, criminal or other legal proceeding or investigation that relates to the use of a tollway.

Information collected or maintained by a photo enforcement system may not be disclosed to anyone except:

The registered owner of the vehicle;

Employees of the department;

The tollway operator and authorized employees of the operator;

A law enforcement officer who is acting in the officer’s official capacity in connection with toll enforcement; and

An administrative law judge or court in an action or proceeding in relation to unpaid tolls or administrative fees or civil penalties related to unpaid tolls.

The department may charge a reasonable fee under ORS 192.324 for providing information under this section.

The department may adopt rules specifying conditions that must be met by a person or unit of government requesting information under this section. Conditions may include but are not limited to:

Providing reasonable assurance of the identity of the requester;

Providing reasonable assurance of the uses to which the information will be put, if applicable;

Showing that the person whose information is to be disclosed has given permission for the disclosure, if permission is required; and

Submitting a written request for the information in a form prescribed by the department.