Bercot v. Oregon Transportation Commission

This is a direct appeal under ORS 183.4001 challenging the validity of a rule promulgated by Oregon Transportation Commission (OTC).

On February 27, 1974, ORS 487.475 became effective. ORS 487.475 gives the OTC the authority to fix a maximum speed of 55 miles per hour upon all highways in this state

"[wjhenever [it] determines that there is a need to conserve fuel because of current or imminent fuel shortages, and further that limiting the maximum speeds of vehicles will conserve motor fuel * * ORS 487.475.

In May 1974, the OTC, having determined that "there is a need to conserve fuel because of…