Chapter 383 — Tollways

 

2017 EDITION

 

TOLLWAYS

 

HIGHWAYS, ROADS, BRIDGES AND FERRIES

 

GENERAL PROVISIONS

 

383.001     Findings

 

383.003     Definitions for ORS 383.003 to 383.075

 

383.004     Establishment of tolls; rules

 

383.005     Agreements for tollway projects; operation of projects

 

383.006     Authority of tollway operator

 

383.009     State Tollway Account; sources; uses

 

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

 

383.013     Tollway design

 

383.014     Interstate system compatibility; rules

 

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

 

383.017     Awarding of contracts for tollway projects; rules for awarding rest area concessions; application of certain laws

 

383.019     Agreements between department and private entities regarding maintenance of tollways

 

383.023     Revenue bonds for tollway projects

 

383.025     Certain information provided to Department of Transportation exempt from disclosure

 

383.027     Issuance of revenue bonds by municipality for tollway project

 

383.035     Failure to pay toll; penalty

 

383.045     Evidence from photo enforcement system; payment of fees

 

383.055     Assessment and collection of unpaid tolls; rules

 

383.065     Information provided for toll booth collections

 

383.075     Driver records and information used to collect and enforce tolls

 

TRAFFIC CONGESTION RELIEF PROGRAM

 

383.150     Traffic congestion relief program

 

383.155     Congestion Relief Fund

 

GENERAL PROVISIONS

 

      383.001 Findings. The Legislative Assembly finds that:

      (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 revenues, including federal funding, to provide an efficient transportation system have not kept pace with the state’s growing population and growing transportation needs, and all available alternative sources of funding should be utilized to supplement available public sources of revenues.

      (3) Because public funding sources are not providing the state with sufficient funds to meet all of its transportation needs, private funding should be encouraged as an additional source of funding for transportation projects and facilities.

      (4) Various alternatives for utilizing the funds of private entities in the acquisition, design, construction, reconstruction, operation and maintenance of transportation facilities exist, including arrangements whereby private entities obtain exclusive agreements to design, build, own, lease or operate with private funds all or a portion of transportation projects and facilities in exchange for the right to receive certain revenues generated from the operation and utilization of such transportation projects and facilities.

      (5) Another important alternative for the funding of transportation facilities is the use of federal funds pursuant to 23 U.S.C. 129(a), as amended by section 112 of the Intermodal Surface Transportation Efficiency Act of 1991, which established a program authorizing federal participation in construction of publicly or privately owned toll highways, bridges and tunnels.

      (6) The federal legislation allows for a mix of federal funding and private funding of transportation facilities, allowing the states to leverage available federal funds as a means for attracting private capital.

      (7) Legislation for the utilization of private funding of transportation facilities should be flexible enough to permit the Department of Transportation to obtain the advantages of any available alternative under which the acquisition, design, construction, reconstruction, operation, maintenance and repair of transportation facilities can be financed in whole or in part or in combination by any available sources of private or public funding.

      (8) The funding of transportation facilities through the imposition of tolls on those who use such facilities is a fair and impartial means of assessing the costs of improvements against those who most benefit from such improvements, and is consistent with public policy.

      (9) Joint endeavors of public and private entities do the following:

      (a) Take advantage of private sector efficiencies in designing, constructing and operating transportation projects.

      (b) Allow for the rapid formation of capital necessary for funding transportation projects.

      (c) Require continued compliance with environmental requirements and applicable state and federal laws that all publicly financed projects must address. [1995 c.668 §1]

 

      383.003 Definitions for ORS 383.003 to 383.075. As used in ORS 383.003 to 383.075:

      (1) “Department” means the Department of Transportation.

      (2) “Electronic toll collection system” means a system that records use of a tollway by electronic transmissions to or from the vehicle using the tollway and that collects tolls, or that is capable of charging an account established by a person for use of the tollway.

      (3) “Photo enforcement system” means a system of sensors installed to work in conjunction with an electronic toll collection system and other traffic control devices and that automatically produces videotape or one or more photographs, microphotographs or other recorded images of a vehicle in connection with the collection or enforcement of tolls.

      (4) “Private entity” means any nongovernmental entity, including a corporation, partnership, company or other legal entity, or any natural person.

      (5) “Related facility” means any real or personal property that:

      (a) Will be used to operate, maintain, renovate or facilitate the use of the tollway;

      (b) Will provide goods or services to the users of the tollway; or

      (c) Can be developed efficiently when tollways are developed and will generate revenue that may be used to reduce tolls or will be deposited in the State Tollway Account.

      (6) “Toll” means any fee or charge for the use of a tollway.

      (7) “Toll booth collections” means the manual or mechanical collection of cash or charging of an account at a toll plaza, toll booth or similar fixed toll collection facility.

      (8) “Tollway” means any roadway, path, highway, bridge, tunnel, railroad track, bicycle path or other paved surface or structure specifically designed as a land vehicle transportation route, the construction, operation or maintenance of which is wholly or partially funded with toll revenues resulting from an agreement under ORS 383.005.

      (9) “Tollway operator” means the unit of government or the private entity that is responsible for the construction, reconstruction, installation, improvement, financing, maintenance, repair and operation of a tollway or a related facility.

      (10) “Tollway project” means any capital project involving the acquisition of land for, or the construction, reconstruction, improvement, installation, development or equipping of, a tollway, related facilities or any portion thereof.

      (11) “Unit of government” means any department or agency of the federal government, any state, any department or agency of a state, any bistate entity created by agreement under ORS 190.420 or other law for the purposes of the Interstate 5 bridge replacement project, and any city, county, district, port or other public corporation organized and existing under statutory law or under a voter-approved charter. [1995 c.668 §2; 2007 c.531 §3; 2013 c.4 §9]

 

      383.004 Establishment of tolls; rules. (1) 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 consideration:

      (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) The extent of the tollway, including improvements necessary for tollway operation and improvements necessary to support the flow of traffic onto or off of the tollway;

      (d) The location of toll plazas or toll collection devices to collect the toll for the tollway;

      (e) The cost of constructing, reconstructing, improving, installing, maintaining, repairing and operating the tollway;

      (f) The amount of indebtedness incurred for the construction of the tollway and debt service requirements, if any;

      (g) The value of assets, equipment and services required for the operation of the tollway;

      (h) The period of time during which the toll will be in effect;

      (i) The process for altering the amount of the toll during the period of operation of the tollway;

      (j) The method of collecting the toll; and

      (k) The rate of return that would be fair and reasonable for a private equity holder, if any, in the tollway.

      (2)(a) Nothing in ORS 383.003 to 383.075 prohibits a city or county from establishing a toll on any highway, as defined in ORS 801.305, that the city or county has jurisdiction over as a road authority pursuant to ORS 810.010.

      (b) Nothing in ORS 383.003 to 383.075 prohibits Multnomah County from establishing a toll on the bridges across the Willamette River that are within the boundaries of the City of Portland and that are operated and maintained by Multnomah County as required under ORS 382.305 and 382.310. [2007 c.531 §2; 2009 c.385 §3]

 

      383.005 Agreements for tollway projects; operation of projects. (1) 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 the following:

      (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 project are accomplished by the private entity;

      (b) Lease agreements, lease-purchase agreements and installment sale arrangements for the lease, sale or purchase of real and personal property for tollway projects by the state from private entities or units of government or by private entities or units of government from the state;

      (c) Licenses, franchises or other agreements for the periodic or long-term operation or maintenance of a tollway project;

      (d) Financing agreements for a tollway project pursuant to which the department borrows from, or makes any loan, grant, guaranty or other financing arrangement to or with, a private entity or unit of government; and

      (e) Agreements for purchase or acquisition of fee ownership, easements, rights of way or any other interests in land upon which a tollway project is to be built.

      (2) The department may operate tollway projects and impose and collect tolls on any tollway project the department operates. Any private entity or unit of government that operates a tollway project pursuant to an agreement with the department may impose and collect tolls on the tollway project. [1995 c.668 §3; 2001 c.844 §7; 2013 c.4 §14]

 

      383.006 Authority of tollway operator. A tollway operator may operate toll booth collections, an electronic toll collection system, a photo enforcement system or any combination of toll booth collections, an electronic toll collection system and a photo enforcement system. [2007 c.531 §6]

 

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

 

      383.009 State Tollway Account; sources; uses. (1) There is hereby established the State Tollway Account as a separate account within the State Highway Fund. The State Tollway Account shall consist of:

      (a) 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 tollway;

      (b) Any moneys received by the department from any other unit of government or any private entity for a tollway project or from the operation or maintenance of any tollway;

      (c) All moneys and revenues received by the department from any loan made by the department for a tollway project pursuant to ORS 383.005, and from any lease, agreement, franchise or license for the right to the possession and use, operation or management of a tollway project;

      (d) All tolls and other revenues received by the department from the users of any tollway project;

      (e) The proceeds of any bonds authorized to be issued for tollway projects;

      (f) Any moneys that the department has legally transferred from the State Highway Fund to the State Tollway Account for tollway projects;

      (g) All moneys and revenues received by the department from all other sources that by donation, grant, contract or law are allocated or dedicated for tollway projects;

      (h) All interest earnings on investments made from any of the moneys held in the State Tollway Account; and

      (i) All civil penalties and administrative fees paid to the department from the enforcement of tolls.

      (2) Moneys in the State Tollway Account may be used by the department for the following purposes:

      (a) To finance preliminary studies and reports for any tollway project;

      (b) To acquire land to be owned by the state for tollways and any related facilities therefor;

      (c) To finance the construction, renovation, operation, improvement, maintenance or repair of any tollway project;

      (d) To make grants or loans to a unit of government for tollway projects;

      (e) To make loans to private entities for tollway projects;

      (f) To pay the principal, interest and premium due with respect to, and to pay the costs connected with the issuance or ongoing administration of any bonds or other financial obligations authorized to be issued by, or the proceeds of which are received by, the department for any tollway project;

      (g) To provide a guaranty or other security for any bonds or other financial obligations, including but not limited to financial obligations with respect to any bond insurance, surety or credit enhancement device issued or incurred by the department, a unit of government or a private entity, for the purpose of financing a single tollway project or any related group or system of tollways or related facilities; and

      (h) To pay the costs incurred by the department in connection with its oversight, operation and administration of the State Tollway Account, the proposals and projects submitted under ORS 383.015 and the tollway projects financed under ORS 383.005.

      (3) For purposes of paying or securing bonds or providing a guaranty, surety or other security authorized by subsection (2)(g) of this section, the department may:

      (a) Irrevocably pledge all or any portion of the amounts that are credited to, or are required to be credited to, the State Tollway Account;

      (b) Establish subaccounts in the State Tollway Account, and make covenants regarding the credit to and use of amounts in those accounts and subaccounts; and

      (c) Establish separate trust funds or accounts and make covenants to transfer to those separate trust funds or accounts all or any portion of the amounts that are required to be deposited in the State Tollway Account.

      (4) Notwithstanding any other provision of ORS 383.001 to 383.075, the department shall not pledge any funds or amounts at any time held in the State Tollway Account as security for the obligations of a private entity unless the department has entered into a binding and enforceable agreement that provides the department reasonable assurance that the department will be repaid, with appropriate interest, any amounts that the department is required to advance pursuant to that pledge.

      (5) Moneys in the State Tollway Account are continuously appropriated to the department for purposes authorized by this section. [1995 c.668 §4; 2005 c.22 §264; 2007 c.531 §12; 2013 c.4 §15]

 

      383.010 [Repealed by 1981 c.153 §79]

 

      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.

      (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]

 

      383.013 Tollway design. (1) The design of each tollway shall at least meet the minimum design standards generally applicable, at the time the Department of Transportation authorizes the tollway, to the state and other units of government authorized to build and own roads, highways, bridges, tunnels, railways and related facilities.

      (2) In considering the design of a tollway, the department shall solicit the recommendation of all units of government having jurisdiction over any of the territory encompassing or adjacent to the proposed route of the tollway. The department shall consider the present and future needs of local transit authorities and whether the proposed tollway project should be expanded to include the acquisition of land or rights of way for future mass transit needs or for future expansion due to projected population growth.

      (3) In considering the design of a tollway, the department shall solicit the recommendation of state and local parks departments to consider whether parks or campsites for travelers or bicyclists should be incorporated into the tollway design. The department may enter into agreements for the use of state and local funding for the acquisition and construction of such parks and campsites. The land on which such parks and campsites shall be located may be owned or leased in any manner in which any other tollway property may be owned or leased and shall be managed by any entity chosen by the department for such purpose, including the entity that operates or maintains the tollway. The allocation of revenues derived from the ownership or operation of any park or campsite shall be in accordance with any arrangement the department deems desirable. [1995 c.668 §6; 2001 c.844 §3]

 

      383.014 Interstate system compatibility; rules. The Oregon Transportation Commission shall set standards by rule for electronic toll collection systems and photo enforcement systems used on tollways in this state to ensure that systems used in Oregon and systems used in the State of Washington are compatible to the extent technology permits. [2007 c.531 §8]

 

      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 State Tollway Account.

      (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 having the tollway installed;

      (b) The probable impact of the proposed tollway project on local environmental, aesthetic and economic conditions and on the economy of the state in general;

      (c) The extent to which funding other than state funding is available for the proposed tollway project;

      (d) The likelihood that the estimated use of the tollway project will provide sufficient revenues to independently finance the costs related to the construction and future maintenance, repair and reconstruction of the tollway project, including the repayment of any loans to be made from moneys in the State Tollway Account;

      (e) With respect to tollway projects, any portion of which will be financed with state funds or department loans or grants:

      (A) The relative importance of the proposed tollway project compared to other proposed tollways; and

      (B) Traffic congestion and economic conditions in the communities that will be affected by competing tollway projects; and

      (f) The effects of tollway implementation on community and local street traffic.

      (3) Notwithstanding any other provision of ORS 383.001 to 383.075, no tollway project shall be authorized unless the department finds that either:

      (a) Based on the department’s estimate of present and future traffic patterns, the revenues generated by the tollway project will be sufficient, after payment of all obligations incurred in connection with the acquisition, construction and operation of such tollway project, to ensure the continued maintenance, repair and reconstruction of the tollway project without the contribution of additional public funds; or

      (b) The revenues generated by the tollway project will be at least sufficient to pay its operational expenses and a portion of the costs of its construction, maintenance, repair and reconstruction, and the importance of the tollway project to the welfare or economy of the state is great enough to justify the use of public funding for a portion of its construction, maintenance, repair and reconstruction.

      (4) If the department finds that a proposed tollway project qualifies for authorization under this section, the department may conduct or cause to be conducted any environmental, geological or other studies required by law as a condition of construction of the tollway project. The costs of completing the studies for any proposed tollway project may be paid from moneys in the State Tollway Account that are reimbursed from the permanent financing for the project. [1995 c.668 §7; 1997 c.390 §2; 2007 c.531 §17; 2013 c.4 §16]

 

      383.017 Awarding of contracts for tollway projects; rules for awarding rest area concessions; application of certain laws. (1) The Department of Transportation may award any contract, franchise, license or agreement related to a tollway project, other than a concession for the provision of goods or services at a rest area, under a competitive process or by private negotiation with one or more entities, or by any combination of competition and negotiation without regard to any other laws concerning the procurement of goods or services for projects of the state.

      (2) When using a competitive process for the award of a tollway project contract, the department shall consider the following factors in addition to the proposer’s estimate of cost:

      (a) The quality of the design, if applicable, submitted by a proposer. In considering the quality of the design of a tollway project, the department shall take into consideration:

      (A) The structural integrity of the design, including the probable effect of the design on the future costs of maintenance of the tollway;

      (B) The aesthetic qualities of the design, including such factors as the width of lane separators, landscaping and sound walls;

      (C) The traffic capacity of the design;

      (D) The aspects of the design that affect safety, such as the lane width, the quality of lane markers and separators, the shape and positioning of ramps and curves and the changes in elevation; and

      (E) The ease with which traffic will be able to pass through the toll collection facilities.

      (b) The extent to which small businesses will be involved in the tollway project. The department shall encourage participation by small businesses to the maximum extent the department determines is practicable. As used in this paragraph, “small business” means an independent business with fewer than 20 employees and with average annual gross receipts over the last three years not exceeding $1 million for construction firms and $300,000 for nonconstruction firms. “Small business” does not include a subsidiary or parent company belonging to a group of firms that are owned and controlled by the same individuals and that have average aggregate annual gross receipts in excess of $1 million for construction firms or $300,000 for nonconstruction firms over the last three years.

      (c) The financial stability of the proposer and the ability of the proposer to provide funding for the tollway project and surety for its performance and financial obligations with respect to the tollway project.

      (d) The experience of the proposer and its subcontractors in building and operating projects such as the tollway project.

      (e) The terms of the financial arrangement proposed or accepted by the proposer with respect to franchise fees, license fees, lease payments or operating expenses and the proposer’s required rate of return from its operation or maintenance of the tollway.

      (3)(a) The department may adopt rules and procedures for the award of franchises, licenses, leases or other concessions for rest areas without regard to any other laws concerning the procurement of goods or services for projects of the state. All such franchises, licenses, leases or other concessions shall require the franchisee, licensee, lessee or concessionaire, as applicable, to maintain the subject premises in accordance with all applicable state and federal health and safety standards, to maintain one or more policies of casualty and property insurance and adequate workers’ compensation insurance, and to pay and discharge all taxes, utilities, fees and other charges or claims that are levied, assessed or charged against the premises or concession or that may become a lien upon the premises. The rules shall encourage participation by small businesses to the maximum extent the department determines is practicable. The department may grant any small business a 10 percent or greater bid advantage in any bidding process for a concession.

      (b) As used in this subsection, “small business” means an independent business with fewer than 20 employees and with average annual gross receipts over the last three years not exceeding $300,000. “Small business” does not include a subsidiary or parent company belonging to a group of firms that are owned and controlled by the same individuals and that have average aggregate annual gross receipts in excess of $300,000 over the last three years. “Small business” also does not include a franchise of any business that has average aggregate annual gross receipts in excess of $300,000 over the last three years.

      (4) Notwithstanding any other provision of this section, the department may use any method for the award of any contract, franchise, license or agreement that is necessary to comply with the requirements of any grant or other funding source.

      (5) If public funds are involved in the project, construction of a tollway project shall be subject to the prevailing wage requirements of ORS 279C.800 to 279C.870.

      (6) For purposes of complying with applicable state and local land use laws, including statewide planning goals, comprehensive plans, land use regulations, ORS chapters 195, 196, 197, 198, 199, 215, 221, 222 and 227, and any requirement imposed by the Land Conservation and Development Commission, a tollway project shall be treated as a project of the department and not as a project of any other person or entity.

      (7) Tollways, and any related facilities that would normally be purchased, constructed or installed by the department if the tollway were a conventional highway that was constructed and operated by the department, shall be exempt from ad valorem property taxation.

      (8) 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]

 

      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.

      (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 that is designed to ensure that adequate funds will be available to maintain and repair the tollway, so that the tollway will be surrendered to the department in good condition without need of repair or reconstruction. [1995 c.668 §9]

 

      383.020 [Repealed by 1981 c.153 §79]

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

 

      383.023 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 revenue bonds for the purpose of financing a tollway project, provided that such bonds shall never 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 (3).

      (2) The proceeds of revenue bonds issued under this section may be used by the department or loaned to a private entity or a unit of government for the purpose of financing any portion of the capital costs related to the construction of a tollway project, including costs of the acquisition of interests in land upon which the tollway project will be constructed, to provide a financial reserve required under any federal funding agreement and for the payment of the costs of issuing the bonds and funding bond reserves.

      (3) The bonds authorized by this section may be issued as taxable bonds or as tax-exempt bonds under the income tax laws of the United States.

      (4) Notwithstanding the status of the bonds for federal income tax purposes, interest paid to the owners of the bonds shall be exempt from personal income taxes imposed by this state.

      (5) When issuing bonds authorized by this section, the department and the State Treasurer may make covenants with bondholders regarding the imposition and regulation of tolls, the making of loans and grants funded from the State Tollway Account, the use of amounts required to be deposited in the State Tollway Account and the issuance of additional bonds. [1995 c.668 §11; 2007 c.783 §177]

 

      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]

 

      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.

      (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]

 

      383.030 [Repealed by 1981 c.153 §79]

 

      383.035 Failure to pay toll; penalty. (1) A person who fails to pay a toll, established pursuant to ORS 383.004, shall pay to the Department of Transportation the amount of the toll, a civil penalty of not more than $25 and an administrative fee established by the tollway operator not to exceed the actual cost of collecting the unpaid toll.

      (2) In addition to any other penalty, the department shall refuse to renew the motor vehicle registration of the motor vehicle owned by a person who has not paid the toll, the civil penalty and any administrative fee charged under this section.

      (3) This section does not apply to:

      (a) A person operating a vehicle owned by a unit of government or the tollway operator;

      (b) A person who is a member of a category of persons exempted by the Oregon Transportation Commission from paying a toll; or

      (c) A person who is a member of a category of persons made eligible by the commission for paying a reduced toll, to the extent of the reduction.

      (4) Subsection (1) of this section does not apply to a person who fails to pay a toll established under section 8, chapter 4, Oregon Laws 2013.

      (5)(a) Upon receiving a request from the State of Washington, or from the State of Washington’s designee that has contracted with the State of Washington to collect tolls, the department shall provide information to identify registered owners of vehicles who fail to pay a toll established under section 8, chapter 4, Oregon Laws 2013.

      (b) If the State of Washington, or the State of Washington’s designee that has contracted with the State of Washington to collect tolls, gives notice to the department that a person has not paid a toll established under section 8, chapter 4, Oregon Laws 2013, or a civil penalty or administrative fee imposed by reason of failure to pay the toll, the department shall refuse to renew the Oregon motor vehicle registration of the motor vehicle operated by the person at the time of the violation.

      (c) The department may renew an Oregon motor vehicle registration of a person described in paragraph (b) of this subsection upon receipt of a notice from the State of Washington, or from the State of Washington’s designee, indicating that all tolls, civil penalties and other administrative fees owed by the person have been paid. [2007 c.531 §4; 2013 c.4 §10]

 

      383.040 [Repealed by 1981 c.153 §79]

 

      383.045 Evidence from photo enforcement system; payment of fees. (1) Except as provided in subsection (2) of this section, a recorded image of a vehicle and the registration plate of the vehicle produced by a photo enforcement system at the time the driver of the vehicle did not pay a toll shall be prima facie evidence that the registered owner of the vehicle is the driver of the vehicle.

      (2) If the registered owner of a vehicle is a person in the vehicle rental or leasing business, the registered owner may elect to identify the person who was operating the vehicle at the time the toll was not paid or to pay the toll, civil penalty and administrative fee.

      (3) A registered owner of a vehicle who pays the toll, civil penalty and administrative fee is entitled to recover the same from the driver, renter or lessee of the vehicle. [2007 c.531 §10]

 

      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. [2007 c.531 §9]

 

      383.060 [Repealed by 1981 c.153 §79]

 

      383.065 Information provided for toll booth collections. The Department of Transportation may provide to a tollway operator the information needed by the operator for toll booth collections or for the operation of an electronic toll collection system or a photo enforcement system. [2007 c.531 §7]

 

      383.070 [Repealed by 1981 c.153 §79]

 

      383.075 Driver records and information used to collect and enforce tolls. (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 and traffic management by the Department of Transportation.

      (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 financial institution, as necessary to collect tolls owed;

      (c) Employees of the department;

      (d) The tollway operator and authorized employees of the operator;

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

      (f) 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.

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

      (a) The registered owner or apparent driver of the vehicle;

      (b) Employees of the department;

      (c) The tollway operator and authorized employees of the operator;

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

      (e) 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. [2007 c.531 §11]

 

      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]

 

TRAFFIC CONGESTION RELIEF PROGRAM

 

      383.150 Traffic congestion relief program. (1) The Oregon Transportation Commission shall establish a traffic congestion relief program.

      (2) No later than December 31, 2018, the commission shall seek approval from the Federal Highway Administration, if required by federal law, to implement value pricing as described in this section.

      (3) After seeking and receiving approval from the Federal Highway Administration, the commission shall implement value pricing to reduce traffic congestion. Value pricing may include, but is not limited to, variable time-of-day pricing. The commission shall implement value pricing in the following locations:

      (a) On Interstate 205, beginning at the Washington state line and ending where it intersects with Interstate 5 in this state.

      (b) On Interstate 5, beginning at the Washington state line and ending where it intersects with Interstate 205.

      (4) In addition to areas listed in subsection (3) of this section, the commission may implement value pricing in other areas of this state.

      (5) Notwithstanding ORS 383.009, the revenues received from value pricing under this section shall be deposited into the Congestion Relief Fund established under ORS 383.155 for the implementation and administration of the congestion relief program established pursuant to this section, including but not limited to the Value Pricing Set-Up Project.

      (6) Subject to any restrictions in an agreement with the Federal Highway Administration or other federal law, in addition to the amounts received from value pricing under this section, the moneys in the Congestion Relief Fund shall be used to implement and administer the traffic congestion relief program.

      (7) Before imposing value pricing, the commission shall report to the Joint Committee on Transportation established under ORS 171.858.

      (8) The commission may enter into agreements with the State of Washington, or the State of Washington’s designee, relating to establishing, reviewing, adjusting and collecting tolls for the program described in this section. [2017 c.750 §120]

 

      383.155 Congestion Relief Fund. (1) The Congestion Relief Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Congestion Relief Fund shall be credited to the fund.

      (2) The Congestion Relief Fund consists of:

      (a) Moneys appropriated or otherwise transferred to the fund by the Legislative Assembly;

      (b) Notwithstanding ORS 383.009 (1)(d), net proceeds of tolls imposed under ORS 383.150;

      (c) Moneys received from federal sources or other state or local sources, other than proceeds of Highway User Tax Bonds issued under ORS 367.615;

      (d) Amounts donated to the fund;

      (e) Investment earnings received on moneys in the fund; and

      (f) Other amounts deposited in the fund from any source.

      (3) Moneys in the fund are continuously appropriated to the Department of Transportation for distribution to the Oregon Transportation Commission for the purposes of implementing and administering the congestion relief program established pursuant to ORS 383.150.

      (4) The Department of Transportation may receive gifts, grants, contributions, bequests or other donations of any kind from any public or private source for deposit in the Congestion Relief Fund.

      (5) Moneys in the Congestion Relief Fund may be invested and reinvested as provided in ORS 293.701 to 293.857. [2017 c.750 §120a]

 

      383.210 [Repealed by 1981 c.153 §79]

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

      383.230 [Repealed by 1981 c.153 §79]

      383.240 [Repealed by 1981 c.153 §79]

      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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