ORS Chapter 384 - Oregon Statutes

Chapter 384 — Ferries

 

2009 EDITION

 

 

FERRIES

 

HIGHWAYS,ROADS, BRIDGES AND FERRIES

 

GENERALPROVISIONS

 

384.005     “Countycourt” defined

 

FERRIESUNDER DEPARTMENT OF TRANSPORTATION

 

384.105     Departmentof Transportation to acquire and operate or license ferries

 

384.110     Ferryapproaches and other appurtenances

 

384.115     Cooperationbetween Department of Transportation and counties as to ferries

 

384.120     Discretionas to ferry operation with county and charging tolls

 

384.125     Fundsfrom which ferry expense paid

 

384.130     Fixingferriage rates

 

384.135     Postingferriage rates

 

384.140     Bondor letter of credit of ferry licensee

 

384.145     Revocationof ferry licenses

 

384.150     Ferryas part of state highway system

 

INTERSTATEFERRIES UNDER DEPARTMENT OF TRANSPORTATION, COUNTIES, CITIES, TOWNS AND PORTS

 

384.305     Operationof interstate ferries by Department of Transportation, counties, cities, townsor ports

 

384.310     Independentor joint action

 

384.315     Agreementsfor carrying out powers of interstate ferry authorities

 

384.320     Useof funds for interstate ferry expenses

 

384.325     Loansfor interstate ferry acquisition and operation; security

 

384.330     Issuingrevenue certificates for interstate ferry expenses

 

384.335     Acceptanceof funds from United States and gifts

 

384.340     Eminentdomain

 

384.345     Operationof interstate ferry free or on toll

 

384.350     Useof interstate ferry by federal government

 

384.355     Locationof interstate ferry; part of state highway system

 

384.360     ORS384.305 to 384.355 as supplementary authority

 

384.365     Contractor contributions for interstate ferries by counties

 

OREGON-WASHINGTONCOOPERATIVE INTERSTATE FERRIES

 

384.405     Oregon-Washingtoncooperative interstate ferry service

 

384.410     Locationof ferry

 

384.415     Mannerof ferry acquisition and operation

 

384.420     Paymentof Oregon’s share of ferry expense

 

384.425     Ferryas part of state highway system

 

384.430     Rulesand regulations as to ferry operation

 

384.435     Liabilityand other insurance for ferry service

 

384.440     Freeferry operation

 

384.445     Ferrybetween Umatilla, Oregon, and Plymouth, Washington

 

GENERALPROVISIONS

 

      384.005“County court” defined. As used in this chapter, unless the contextrequires otherwise, “county court” includes board of county commissioners.

 

FERRIESUNDER DEPARTMENT OF TRANSPORTATION

 

      384.105Department of Transportation to acquire and operate or license ferries. Whenever theDepartment of Transportation finds and determines that the operation of a ferryacross any stream, river, bay, arm of the ocean or other body of water isnecessary and convenient in connection with the use of any state highway, thedepartment may acquire, construct, establish, maintain and operate the ferry.The department may operate the ferry under a contract, or with its ownemployees or under a license or permit granted by the department, the licenseor permit to contain such conditions, requirements, terms and provisions as tothe department seem best. The maintenance or operation of any such ferry issubject, however, to the federal laws and requirements governing navigation.

 

      384.110Ferry approaches and other appurtenances. The Department of Transportationmay itself, or under a cooperative agreement with any county, construct thenecessary approaches, ramps, docks, wharves, ferry slips or other suchappurtenances as are necessary for the maintenance and operation of a ferrymentioned in ORS 384.105, or the department may require the construction ofsuch approaches, ramps, docks, wharves, ferry slips and other necessaryapproaches by the licensee in the event that the ferry is operated under alicense or permit.

 

      384.115Cooperation between Department of Transportation and counties as to ferries. In theacquisition, establishment, construction or operation of a ferry mentioned inORS 384.105, the Department of Transportation and the county court of anycounty within which is located any stream, river, bay, arm of the ocean orother body of water over which it is contemplated and found necessary tooperate ferries, may enter into a cooperative agreement for the acquisition,construction, operation or maintenance of the ferry upon such terms andconditions as the county court and the department agree. When the ferry isoperated under a cooperative agreement between the county court and the department,the cost and expense incident to the acquisition, construction, operation ormaintenance of the ferry shall be apportioned between the county and the statein such manner and amount as is agreed upon.

 

      384.120Discretion as to ferry operation with county and charging tolls. It isdiscretionary with the Department of Transportation whether a ferry mentionedin ORS 384.105 be operated by the state. If operated by the state and thecounty under a cooperative agreement, it is discretionary with the Departmentof Transportation and the county court whether the ferry be operated as a freepublic ferry or as a charge or toll ferry.

 

      384.125Funds from which ferry expense paid. When a ferry mentioned in ORS 384.105is acquired, constructed, operated and maintained by the Department ofTransportation alone, the entire cost and expense may be paid out of the StateHighway Fund. If the ferry has been acquired, constructed and is being operatedand 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 agreedupon, shall be paid out of the State Highway Fund and the proportion to be paidby the county shall be paid out of county road funds.

 

      384.130Fixing ferriage rates. (1) The Department of Transportation may fix, alterand establish from time to time the rate of ferriage to be levied andcollected, and may, in its judgment, whenever circumstances warrant andrequire, alter or change any such rate.

      (2)Whenever the Department of Transportation grants a license to keep and operatea 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 lawfullydemanded for the transportation of persons and property across the body ofwater, having due regard to the width, situation and location of the body ofwater and the damages and difficulties incident to the operation of the ferry.

 

      384.135Posting ferriage rates. Every person licensed to keep and operate a ferryas provided in ORS 384.105 shall post in some conspicuous place near the ferrylanding a written or printed list of the rates of ferriage which are chargeableunder the orders of the Department of Transportation. The list of rates shallat all times be written or printed in a plain, legible manner and posted sonear the place where persons pass across the ferry that it may be readily read.

 

      384.140Bond or letter of credit of ferry licensee. Persons licensed by theDepartment of Transportation to maintain and operate a ferry under ORS 384.105to 384.150 shall be required to furnish a bond or an irrevocable letter ofcredit issued by an insured institution as defined in ORS 706.008 in suchamount as the department requires. The bond or letter of credit shall beconditioned upon the faithful compliance with and performance of all theconditions, requirements and provisions contained in the license, and shall bein such form as the department may prescribe. The bond or letter of creditshall be made payable to the state. [Amended by 1991 c.331 §61; 1997 c.631 §469]

 

      384.145Revocation of ferry licenses. (1) If any keeper or operator of aferry at any time demands and receives more than the amount designated forferrying or fails to keep or perform the conditions of the license or contract,the Department of Transportation may revoke the license or permit and mayrequire 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 orrefuses to post and keep up the list of the rates of ferriage mentioned in ORS384.135, the Department of Transportation may cancel and revoke the license.

 

      384.150Ferry as part of state highway system. Any ferry operated and maintained asprovided in ORS 384.105 to 384.145 is part of the state highway system.

 

      384.205 [Repealed by1981 c.126 §6]

 

      384.210 [Repealed by1981 c.126 §6 and 1981 c.153 §79]

 

      384.215 [Repealed by1967 c.344 §10 and 1967 c.497 §7]

 

      384.220 [Repealed by1967 c.344 §10]

 

      384.225 [Repealed by1967 c.344 §10]

 

      384.230 [Repealed by1967 c.344 §10]

 

      384.235 [Repealed by1967 c.344 §10]

 

      384.240 [Repealed by1967 c.344 §10]

 

      384.245 [Repealed by1967 c.344 §10]

 

      384.250 [Repealed by1967 c.344 §10]

 

      384.255 [Repealed by1967 c.344 §10]

 

      384.260 [Repealed by1967 c.344 §10]

 

      384.265 [Repealed by1967 c.344 §10]

 

      384.270 [Repealed by1967 c.344 §10]

 

      384.275 [Repealed by1967 c.344 §10]

 

      384.280 [Repealed by1967 c.344 §10]

 

      384.285 [Repealed by1953 c.9 §2]

 

INTERSTATEFERRIES UNDER DEPARTMENT OF TRANSPORTATION, COUNTIES, CITIES, TOWNS AND PORTS

 

      384.305Operation of interstate ferries by Department of Transportation, counties,cities, towns or ports. The state acting by and through the Department ofTransportation, and any county, city, town or port of the State of Oregonadjoining or bordering on any interstate river or stream of water, is each andevery one authorized to:

      (1)Establish, maintain and operate ferry service in and to any adjoining state, andfor such purpose may acquire by gift, purchase, lease, contract, agreement,condemnation or otherwise, real, personal and mixed property, rights, rights ofway, approaches, licenses, privileges and easements, equipment and facilitiesin the State of Oregon or any adjoining state, necessary or convenient for theproper construction, maintenance and operation of any such ferry service orservices; or

      (2)Contract with others for the purpose of operating and maintaining such ferryservice.

 

      384.310Independent or joint action. In carrying out the provisions of ORS384.305 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 inconjunction with each other upon the terms and conditions agreed upon by thecontracting parties.

 

      384.315Agreements for carrying out powers of interstate ferry authorities. For the purposeof carrying out or putting into effect any right, power and authority grantedby 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, maymake and enter into agreements with:

      (1)The Government of the United States or any of its agencies.

      (2)Any adjoining state, its county, municipality, port or other politicalsubdivisions or agencies.

      (3)Any persons, associations, corporations, domestic or foreign.

 

      384.320Use of funds for interstate ferry expenses. The Department ofTransportation, 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 themavailable, all or any part of the cost of the construction, maintenance andoperation of the ferry service.

 

      384.325Loans for interstate ferry acquisition and operation; security. Theconstruction, purchase, maintenance and operation of any ferry service underORS 384.305 to 384.360 may be financed in whole or in part by loans obtainedfrom the United States Government or any of its agencies, or from any othersources. As security for the payment of such loans the revenues derived fromthe ferry service, over and above the cost of its maintenance and operation,may be hypothecated or pledged, but no such hypothecation or pledge of revenuesshall constitute in any manner, or to any extent be made to constitute, ageneral obligation of the State of Oregon, or of any county, city, town or portmaking the pledge.

 

      384.330Issuing revenue certificates for interstate ferry expenses. For the purposeof procuring funds, when necessary, with which to construct, maintain andoperate the ferry service, the authority constructing, maintaining andoperating the service may issue and sell revenue certificates, which shall notbe the general obligation of the authority issuing them but shall be redeemableand payable solely from revenues accruing from the ferry service, over andabove the cost of operating and maintaining the service. Such certificates maybe purchased by the State of Oregon.

 

      384.335Acceptance of funds from United States and gifts. The Departmentof Transportation, and every other public body and agency mentioned in ORS384.305 may:

      (1)Accept from the United States or any of its agencies, such funds as areavailable to this state or to any such public body or agency, for any of thepurposes contemplated by ORS 384.305 to 384.360, and enter into such contractsand agreements with the United States or any of its agencies as may benecessary, 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 anyother 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.

 

      384.340Eminent domain.The Department of Transportation, and any county, city, town or port mentionedin ORS 384.305 to 384.360, may exercise the power of eminent domain to carryout any of the provisions of ORS 384.305 to 384.360, in accordance with theprocedure provided in ORS chapter 35. [Amended by 1971 c.741 §30]

 

      384.345Operation of interstate ferry free or on toll. Any ferryconstructed, purchased or otherwise acquired and operated under ORS 384.305 to384.360 may be operated free to the public or on toll. If operated on toll, therevenues derived therefrom may be pledged as provided in ORS 384.305 to384.360.

 

      384.350Use of interstate ferry by federal government. If any ferryconstructed, maintained and operated under ORS 384.305 to 384.360 is needed bythe United States for any purpose in connection with national defense, then theauthority which constructed and is maintaining and operating the ferry may sellit to the United States or may, by contract, make the ferry available to theUnited States.

 

      384.355Location of interstate ferry; part of state highway system. Any ferryservice maintained and operated under ORS 384.305 to 384.360 shall connect, orprovision shall be made for such connection, with a state and federal highwayin this state and a state and federal highway in the adjoining state to whichthe ferry service is maintained. Such ferry service is a part of the Oregonhighway system.

 

      384.360ORS 384.305 to 384.355 as supplementary authority. The authorityconferred by ORS 384.305 to 384.355 is in addition and supplemental to theauthority conferred by any other law.

 

      384.365Contract or contributions for interstate ferries by counties. Whenever thecounty court of any county determines that the construction or maintenance of aferry in a state adjoining such county or connecting the county with theadjoining state, where there is then no ferry licensed and maintained, is anecessity or convenience to the citizens of the county, the county court mayenter into a contract for the construction or maintenance of such ferry or makecontributions deemed advisable toward the construction or maintenance thereof.

 

OREGON-WASHINGTONCOOPERATIVE INTERSTATE FERRIES