State Highways and State Highway Fund

ORS 366.205
Power and authority of commission over highways

  • rules


(1)

The Oregon Transportation Commission has general supervision and control over all matters pertaining to the selection, establishment, location, construction, improvement, maintenance, operation and administration of state highways, the letting of contracts therefor, the selection of materials to be used therein and all other matters and things considered necessary or proper by the commission for the accomplishment of the purposes of this Act.

(2)

The commission has full power to carry out the provisions of and may make such rules as it considers necessary for the accomplishment of the purposes of this Act, as defined in ORS 366.005 (Definitions).

(3)

The Director of Transportation, as authorized by the commission, shall appoint such officials and do any other act or thing necessary to fully meet the requirements of ORS 366.510 (Turning over highway funds to State Treasurer). [Amended by 1963 c.601 §1; 1965 c.368 §6; 1973 c.249 §37; 1975 c.436 §8; 1985 c.565 §64; 1989 c.904 §35; 1993 c.741 §38]

Notes of Decisions

The authority of the State of Oregon without reference to protection of the public's recreation lands and rights in land along the ocean shores is vested exclusively in the Department of Transportation. State ex rel Johnson v. Bauman, 7 Or App 479, 492 P2d 284 (1971)

Grant of general supervision and control under this section and exclusive authority over adopted and designated highway system under ORS 366.290 are indicative of legislative intent to impose duty upon state to make highway travel reasonably safe to general public; "improvement, maintenance, repair and operation" are mandated functions and state has no discretion to engage in "non-decisions" regarding duties delineated by these mandated functions. Little v. Wimmer, 303 Or 580, 739 P2d 564 (1987)

Atty. Gen. Opinions

City authority to construct speed bumps to control vehicle speed, (1975) Vol 37, p 653

Chapter 366

Atty. Gen. Opinions

Use and distribution of State Highway Fund, (1975) Vol 37, p 599


Source

Last accessed
Jun. 26, 2021