2007 Oregon Code - Chapter 384 :: Chapter 384 - Ferries
Chapter 384 —
Ferries
2007 EDITION
FERRIES
HIGHWAYS, ROADS, BRIDGES AND FERRIES
GENERAL PROVISIONS
384.005    “County
court” defined
FERRIES UNDER DEPARTMENT OF TRANSPORTATION
384.105Â Â Â Â Department
of Transportation to acquire and operate or license ferries
384.110Â Â Â Â Ferry
approaches and other appurtenances
384.115Â Â Â Â Cooperation
between Department of Transportation and counties as to ferries
384.120Â Â Â Â Discretion
as to ferry operation with county and charging tolls
384.125Â Â Â Â Funds
from which ferry expense paid
384.130Â Â Â Â Fixing
ferriage rates
384.135Â Â Â Â Posting
ferriage rates
384.140Â Â Â Â Bond
or letter of credit of ferry licensee
384.145Â Â Â Â Revocation
of ferry licenses
384.150Â Â Â Â Ferry
as part of state highway system
INTERSTATE FERRIES UNDER DEPARTMENT OF
TRANSPORTATION, COUNTIES, CITIES, TOWNS AND PORTS
384.305Â Â Â Â Operation
of interstate ferries by Department of Transportation, counties, cities, towns
or ports
384.310Â Â Â Â Independent
or joint action
384.315Â Â Â Â Agreements
for carrying out powers of interstate ferry authorities
384.320Â Â Â Â Use
of funds for interstate ferry expenses
384.325Â Â Â Â Loans
for interstate ferry acquisition and operation; security
384.330Â Â Â Â Issuing
revenue certificates for interstate ferry expenses
384.335Â Â Â Â Acceptance
of funds from United States and gifts
384.340Â Â Â Â Eminent
domain
384.345Â Â Â Â Operation
of interstate ferry free or on toll
384.350Â Â Â Â Use
of interstate ferry by federal government
384.355Â Â Â Â Location
of interstate ferry; part of state highway system
384.360Â Â Â Â ORS
384.305 to 384.355 as supplementary authority
384.365Â Â Â Â Contract
or contributions for interstate ferries by counties
OREGON-WASHINGTON COOPERATIVE INTERSTATE
FERRIES
384.405Â Â Â Â Oregon-Washington
cooperative interstate ferry service
384.410Â Â Â Â Location
of ferry
384.415Â Â Â Â Manner
of ferry acquisition and operation
384.420Â Â Â Â Payment
of
384.425Â Â Â Â Ferry
as part of state highway system
384.430Â Â Â Â Rules
and regulations as to ferry operation
384.435Â Â Â Â Liability
and other insurance for ferry service
384.440Â Â Â Â Free
ferry operation
384.445Â Â Â Â Ferry
between Umatilla,
GENERAL PROVISIONS
     384.005
“County court” defined. As
used in this chapter, unless the context requires otherwise, “county court”
includes board of county commissioners.
FERRIES UNDER
DEPARTMENT OF TRANSPORTATION
     384.105
Department of Transportation to acquire and operate or license ferries. Whenever the Department of Transportation
finds and determines that the operation of a ferry across any stream, river,
bay, arm of the ocean or other body of water is necessary and convenient in
connection with the use of any state highway, the department may acquire,
construct, establish, maintain and operate the ferry. The department may
operate the ferry under a contract, or with its own employees or under a license
or permit granted by the department, the license or permit to contain such
conditions, requirements, terms and provisions as to the department seem best.
The maintenance or operation of any such ferry is subject, however, to the
federal laws and requirements governing navigation.
     384.110
Ferry approaches and other appurtenances. The Department of Transportation may itself, or under a cooperative
agreement with any county, construct the necessary approaches, ramps, docks,
wharves, ferry slips or other such appurtenances as are necessary for the
maintenance and operation of a ferry mentioned in ORS 384.105, or the
department may require the construction of such approaches, ramps, docks,
wharves, ferry slips and other necessary approaches by the licensee in the
event that the ferry is operated under a license or permit.
     384.115
Cooperation between Department of Transportation and counties as to ferries. In the acquisition, establishment,
construction or operation of a ferry mentioned in ORS 384.105, the Department
of Transportation and the county court of any county within which is located
any stream, river, bay, arm of the ocean or other body of water over which it
is contemplated and found necessary to operate ferries, may enter into a
cooperative agreement for the acquisition, construction, operation or
maintenance of the ferry upon such terms and conditions as the county court and
the department agree. When the ferry is operated under a cooperative agreement
between the county court and the department, the cost and expense incident to
the acquisition, construction, operation or maintenance of the ferry shall be
apportioned between the county and the state in such manner and amount as is
agreed upon.
     384.120
Discretion as to ferry operation with county and charging tolls. It is discretionary with the Department of
Transportation whether a ferry mentioned in ORS 384.105 be operated by the
state. If operated by the state and the county under a cooperative agreement,
it is discretionary with the Department of Transportation and the county court
whether the ferry be operated as a free public ferry or as a charge or toll
ferry.
     384.125
Funds from which ferry expense paid. When a ferry mentioned in ORS 384.105 is acquired, constructed,
operated and maintained by the Department of Transportation alone, the entire
cost and expense may be paid out of the State Highway Fund. If the ferry has
been acquired, constructed and is being operated and maintained under a
cooperative agreement between the state and a county, the proportion of the
cost and expense to be borne by the state, as agreed upon, shall be paid out of
the State Highway Fund and the proportion to be paid by the county shall be
paid out of county road funds.
     384.130
Fixing ferriage rates. (1)
The Department of Transportation may fix, alter and establish from time to time
the rate of ferriage to be levied and collected, and may, in its judgment,
whenever circumstances warrant and require, alter or change any such rate.
     (2) Whenever the Department of
Transportation grants a license to keep and operate a ferry across any stream,
river, bay, arm of the ocean or other body of water, the department shall
establish the rates of ferriage which may be lawfully demanded for the
transportation of persons and property across the body of water, having due
regard to the width, situation and location of the body of water and the
damages and difficulties incident to the operation of the ferry.
     384.135
Posting ferriage rates.
Every person licensed to keep and operate a ferry as provided in ORS 384.105
shall post in some conspicuous place near the ferry landing a written or
printed list of the rates of ferriage which are chargeable under the orders of
the Department of Transportation. The list of rates shall at all times be
written or printed in a plain, legible manner and posted so near the place
where persons pass across the ferry that it may be readily read.
     384.140
Bond or letter of credit of ferry licensee. Persons licensed by the Department of Transportation to maintain and
operate a ferry under ORS 384.105 to 384.150 shall be required to furnish a
bond or an irrevocable letter of credit issued by an insured institution as
defined in ORS 706.008 in such amount as the department requires. The bond or
letter of credit shall be conditioned upon the faithful compliance with and
performance of all the conditions, requirements and provisions contained in the
license, and shall be in such form as the department may prescribe. The bond or
letter of credit shall be made payable to the state. [Amended by 1991 c.331 §61;
1997 c.631 §469]
     384.145
Revocation of ferry licenses.
(1) If any keeper or operator of a ferry at any time demands and receives more
than the amount designated for ferrying or fails to keep or perform the
conditions of the license or contract, the Department of Transportation may
revoke the license or permit and may require the keeper or operator to
discontinue further operation of the ferry.
     (2) If at any time the keeper of a ferry
mentioned in ORS 384.105 neglects or refuses to post and keep up the list of
the rates of ferriage mentioned in ORS 384.135, the Department of
Transportation may cancel and revoke the license.
     384.150
Ferry as part of state highway system. Any ferry operated and maintained as provided in ORS 384.105 to
384.145 is part of the state highway system.
     384.205 [Repealed by 1981 c.126 §6]
     384.210 [Repealed by 1981 c.126 §6 and 1981 c.153 §79]
     384.215 [Repealed by 1967 c.344 §10 and 1967 c.497 §7]
     384.220 [Repealed by 1967 c.344 §10]
     384.225 [Repealed by 1967 c.344 §10]
     384.230 [Repealed by 1967 c.344 §10]
     384.235 [Repealed by 1967 c.344 §10]
     384.240 [Repealed by 1967 c.344 §10]
     384.245 [Repealed by 1967 c.344 §10]
     384.250 [Repealed by 1967 c.344 §10]
     384.255 [Repealed by 1967 c.344 §10]
     384.260 [Repealed by 1967 c.344 §10]
     384.265 [Repealed by 1967 c.344 §10]
     384.270 [Repealed by 1967 c.344 §10]
     384.275 [Repealed by 1967 c.344 §10]
     384.280 [Repealed by 1967 c.344 §10]
     384.285 [Repealed by 1953 c.9 §2]
INTERSTATE
FERRIES UNDER DEPARTMENT OF TRANSPORTATION, COUNTIES, CITIES, TOWNS AND PORTS
     384.305
Operation of interstate ferries by Department of Transportation, counties,
cities, towns or ports. The
state acting by and through the Department of Transportation, and any county,
city, town or port of the State of
     (1) Establish, maintain and operate ferry
service in and to any adjoining state, and for such purpose may acquire by
gift, purchase, lease, contract, agreement, condemnation or otherwise, real,
personal and mixed property, rights, rights of way, approaches, licenses,
privileges and easements, equipment and facilities in the State of Oregon or
any adjoining state, necessary or convenient for the proper construction,
maintenance and operation of any such ferry service or services; or
     (2) Contract with others for the purpose
of operating and maintaining such ferry service.
     384.310
Independent or joint action.
In carrying out the provisions of ORS 384.305 to 384.360, the Department of
Transportation, and each of the counties, cities, towns or ports mentioned in
ORS 384.305, may act independent of or in conjunction with each other upon the
terms and conditions agreed upon by the contracting parties.
     384.315
Agreements for carrying out powers of interstate ferry authorities. For the purpose of carrying out or putting
into effect any right, power and authority granted by ORS 384.305 to 384.360 or
any other law, the Department of Transportation, and each and all of the public
bodies or agencies mentioned in ORS 384.305, may make and enter into agreements
with:
     (1) The Government of the
     (2) Any adjoining state, its county,
municipality, port or other political subdivisions or agencies.
     (3) Any persons, associations,
corporations, domestic or foreign.
     384.320
Use of funds for interstate ferry expenses. The Department of Transportation, and any county, city, town or port
mentioned in ORS 384.305, may pay out of its respective funds, or any other
funds to any of them available, all or any part of the cost of the
construction, maintenance and operation of the ferry service.
     384.325
Loans for interstate ferry acquisition and operation; security. The construction, purchase, maintenance and
operation of any ferry service under ORS 384.305 to 384.360 may be financed in
whole or in part by loans obtained from the United States Government or any of
its agencies, or from any other sources. As security for the payment of such
loans the revenues derived from the ferry service, over and above the cost of
its maintenance and operation, may be hypothecated or pledged, but no such
hypothecation or pledge of revenues shall constitute in any manner, or to any
extent be made to constitute, a general obligation of the State of Oregon, or
of any county, city, town or port making the pledge.
     384.330
Issuing revenue certificates for interstate ferry expenses. For the purpose of procuring funds, when
necessary, with which to construct, maintain and operate the ferry service, the
authority constructing, maintaining and operating the service may issue and
sell revenue certificates, which shall not be the general obligation of the authority
issuing them but shall be redeemable and payable solely from revenues accruing
from the ferry service, over and above the cost of operating and maintaining
the service. Such certificates may be purchased by the State of
     384.335
Acceptance of funds from United States and gifts. The Department of Transportation, and every
other public body and agency mentioned in ORS 384.305 may:
     (1) Accept from the United States or any
of its agencies, such funds as are available to this state or to any such
public body or agency, for any of the purposes contemplated by ORS 384.305 to
384.360, and enter into such contracts and agreements with the United States or
any of its agencies as may be necessary, proper and convenient, and not
contrary to the laws of the state.
     (2) Accept from any source any grant or
donation of land, any gift of money or any other valuable thing, made to the
state or any such county, city, town or port, for any of the purposes
contemplated by ORS 384.305 to 384.360.
     384.340
Eminent domain. The
Department of Transportation, and any county, city, town or port mentioned in
ORS 384.305 to 384.360, may exercise the power of eminent domain to carry out
any of the provisions of ORS 384.305 to 384.360, in accordance with the
procedure provided in ORS chapter 35. [Amended by 1971 c.741 §30]
     384.345
Operation of interstate ferry free or on toll. Any ferry constructed, purchased or
otherwise acquired and operated under ORS 384.305 to 384.360 may be operated
free to the public or on toll. If operated on toll, the revenues derived
therefrom may be pledged as provided in ORS 384.305 to 384.360.
     384.350
Use of interstate ferry by federal government. If any ferry constructed, maintained and
operated under ORS 384.305 to 384.360 is needed by the
     384.355
Location of interstate ferry; part of state highway system. Any ferry service maintained and operated
under ORS 384.305 to 384.360 shall connect, or provision shall be made for such
connection, with a state and federal highway in this state and a state and
federal highway in the adjoining state to which the ferry service is
maintained. Such ferry service is a part of the
     384.360
ORS 384.305 to 384.355 as supplementary authority. The authority conferred by ORS 384.305 to
384.355 is in addition and supplemental to the authority conferred by any other
law.
     384.365
Contract or contributions for interstate ferries by counties. Whenever the county court of any county
determines that the construction or maintenance of a ferry in a state adjoining
such county or connecting the county with the adjoining state, where there is
then no ferry licensed and maintained, is a necessity or convenience to the
citizens of the county, the county court may enter into a contract for the
construction or maintenance of such ferry or make contributions deemed
advisable toward the construction or maintenance thereof.
OREGON-WASHINGTON
COOPERATIVE INTERSTATE FERRIES
     384.405
Oregon-Washington cooperative interstate ferry service. The Department of Transportation, in the
name of this state, if and when it appears to the department to be for the best
interest of this state and the citizens thereof, may enter into a written
agreement with the State of Washington, by and through its Director of Highways
or other lawfully constituted authority, whereby there shall be established and
maintained ferry service for the transportation of persons and property across
the Columbia River at such sites or locations as are mutually agreed upon by
the Oregon Department of Transportation and the Director of Highways of the
State of Washington.
     384.410
Location of ferry. No ferry
service shall be established or maintained under ORS 384.405 to 384.440 unless
it connects a state and federal highway in the State of
     384.415
Manner of ferry acquisition and operation. For the purpose of carrying out the objects of ORS 384.405 to 384.440
the Department of Transportation, acting jointly with the State of
     (1) Purchase, acquire and operate ferries
between such places; or
     (2) Lease, rent or hire and operate
ferries; or
     (3) Contract with others for the operation
of ferries between such places.
     384.420
Payment of
     384.425
Ferry as part of state highway system. Any ferry operated under ORS 384.405 to 384.440 and the approach roads
thereto on the
     384.430
Rules and regulations as to ferry operation. (1) The Department of Transportation shall, jointly with the proper
officials of the State of
     (2) The operation of any ferry under ORS
384.405 to 384.440 shall conform in all respects to all federal or state laws,
rules or regulations.
     384.435
Liability and other insurance for ferry service. The Department of Transportation may, for
the use and benefit of the state, its officers, agents or employees and of the general
public, carry public liability insurance if ferries mentioned in ORS 384.405
are owned and operated by the state. The department shall require such public
liability insurance if the ferry service is provided under contract with
others. In addition to such public liability insurance the department may
require such other insurance as in the departmentÂ’s judgment the interest of
the state and the general public require.
     384.440
Free ferry operation. Any
ferry operated under ORS 384.405 to 384.440 may be operated free of tolls.
     384.445
Ferry between Umatilla,
     (2) The
     (3) Such public ferry and county road
connecting it with the state highway hereby are made a part of the
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