ORS 366.205¹
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 (Adding to or removing roads from state highway system) 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

1 Legislative Counsel Committee, CHAPTER 366—State Highways and State Highway Fund, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors366.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 366, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano366.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information