2007 Oregon Code - Chapter 383 :: Chapter 383 - TOLLWAYS
Chapter 383 —
Tollways
2007 EDITION
TOLLWAYS
HIGHWAYS, ROADS, BRIDGES AND FERRIES
383.001Â Â Â Â Findings
383.003Â Â Â Â Definitions
for ORS 383.003 to 383.075
383.004Â Â Â Â Establishment
of tolls; rules
383.005Â Â Â Â Agreements
for tollway projects; operation of projects
383.006Â Â Â Â Authority
of tollway operator
383.009Â Â Â Â State
Tollway Account; sources; uses
383.011Â Â Â Â Contract
terms regarding entry into possession by Department of Transportation; eminent
domain
383.013Â Â Â Â Tollway
design
383.014Â Â Â Â Interstate
system compatibility; rules
383.015Â Â Â Â Initiation
of project; fees; rules; conditions for authorization; studies
383.017Â Â Â Â Awarding
of contracts for tollway projects; rules for awarding rest area concessions;
application of certain laws
383.019Â Â Â Â Agreements
between department and private entities regarding maintenance of tollways
383.023Â Â Â Â Revenue
bonds for tollway projects
383.025Â Â Â Â Certain
information provided to Department of Transportation exempt from disclosure
383.027Â Â Â Â Issuance
of revenue bonds by municipality for tollway project
383.035Â Â Â Â Failure
to pay toll; penalty
383.045Â Â Â Â Evidence
from photo enforcement system; payment of fees
383.055Â Â Â Â Assessment
and collection of unpaid tolls; rules
383.065Â Â Â Â Information
provided for toll booth collections
383.075Â Â Â Â Driver
records and information used to collect and enforce tolls
     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 stateÂ’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, 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, or any agency,
office or department thereof, 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]
     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) 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. [2007 c.531 §2]
     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 makes any loan, grant, guaranty or
other financing arrangement 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]
     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 under ORS 383.023 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 securing bonds
authorized by ORS 383.023 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]
     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
     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 by moneys in the State Tollway Account, provided that any such
payment shall constitute a loan against the proposed tollway project and shall
be reimbursed to the State Tollway Account as a part of the permanent financing
for the project. [1995 c.668 §7; 1997 c.390 §2; 2007 c.531 §17]
     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 proposerÂ’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 proposerÂ’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 workersÂ’
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
     (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 entityÂ’s participation in
a tollway project is exempt from disclosure under ORS 192.410 to 192.505. [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
     (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 of Transportation 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. [2007 c.531 §4]
     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 officerÂ’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 officerÂ’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]
     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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