16.40.030 Definitions.

City Code Section

(Amended by Ordinance 188972, effective June 29, 2018.)

  1. A.  “Approved Blue Seal Shop” means an automotive repair and service shop recognized officially by the National Institute of Automotive Service Excellence (ASE) as being an ASE Blue Seal Automotive Shop.
  2. B.  “Approved Mechanic” means a mechanic who meets all the following criteria:
    1. 1.  Does not own, lease, or drive a vehicle for-hire;
    2. 2.  Has no financial interest in any PFHT company operating within the state of Oregon or Washington;
    3. 3.  Has received and maintains a current, valid ASE Master Technician Certification or ASE A-Series certification between relevant areas of ASE A4-A8; and
    4. 4.  Is not employed by any PFHT company.
  3. C.  “Branded Vehicle” (a.k.a. “Reconstructed Vehicle”) means any vehicle that has been declared a total loss and has a branded or reconstructed notation on the vehicle title.
  4. D.  “Bureau” means the Portland Bureau of Transportation (PBOT) of the City of Portland.
  5. E.  “Carriage” means any vehicle or conveyance that is drawn, pulled, or propelled by a horse or other animal(s).
  6. F.  “Certificate of Safety” means a document completed by an approved mechanic certifying that a vehicle meets all requirements set forth in this Chapter and/or administrative rules.
  7. G.  “Certification List” means a list of drivers and vehicles submitted by a PFHT company for approval as permitted if certified by the Director as meeting all requirements set forth in this Chapter and/or administrative rules.
  8. H.  “Committee” means the PFHT Advisory Committee.
  9. I.  “Company Permit” means the permit issued to a PFHT company under the terms of this Chapter and/or administrative rules.
  10. J.  “Compensation” means any form of payment or gratuity by a customer or customer’s agent to a permitted PFHT or company for the use of the driver’s or company’s for-hire transportation services. PFHT providers that accept only gratuities, tips, etc., are considered to be providing “for-hire” transportation services.
  11. K.  “Conduct Business” means operating a for-hire vehicle or company, receiving money or other compensation from the use of a for-hire vehicle, causing or allowing another person to do the same, or advertising for services that originate in the City of Portland.
  12. L.  “Customer” means a person who purchases PFHT service from a PFHT service provider that is permitted or should be permitted by the City. The customer may or may not also be a passenger.
  13. M.  “Day” means a business day and not a calendar day unless specifically stated otherwise.
  14. N.  “Decal” means the numbered identification sticker issued by the City and affixed to a Limited Passenger Transportation (LPT) vehicle.
  15. O.  “Director” means the Director of PBOT or the Director’s designee.
  16. P.  “Downtown Core” means the area formerly known as the “Fareless Square” or “Free Rail Zone” as defined by TriMet as follows: The area to the west of the Willamette River shall be bounded on the North by NW Irving, except that at the intersection of NW Irving and NW Station Way it shall be bounded on the North by NW Station Way to NW Broadway and then by NW Broadway south to NW Irving and continuing west on NW Irving to the Stadium (I-405) Freeway, on the West and South by the Stadium (I-405) Freeway and on the East by the Willamette River. The area to the east of the Willamette River shall be bounded on the West by North Interstate Avenue, on the North by NE Multnomah to 125 feet east of 13th Avenue, on the East by 13th Avenue and on the South by NE Holladay.
  17. Q.  “Driver Permit” means the document or certification issued by the Director affirming the driver is approved and certified as a PFHT driver under the terms of this Chapter.
  18. R.  “Driver” means a PFHT driver, including taxi drivers, NEMT drivers, TNC drivers, shuttle drivers, executive town car drivers, LPT drivers, pedicab drivers, Quadricycle drivers, and horse-drawn carriage drivers.
  19. S.  “Dynamic Pricing” means the pricing as impacted by market demand, which can be an upward or downward deviation from the fare rates established by the PFHT companies and reported to the Director.
  20. T.  “Executive Town Car Company” means any entity operating Executive Town Car Vehicles other than as a driver and regardless of whether the vehicles so operated are owned by the company, leased, or owned by individual members of the company.
  21. U.  “Executive Town Car Company Driver” means any person operating an Executive Town Car Vehicle as a driver for any Executive Town Car Company.
  22. V.  “Executive Town Car Company Vehicle” must conform to the Administrative Rule for Executive Town Car.
  23. W.  “Executive Town Car Company Services” means private for-hire transportation offered or provided for compensation to passengers by an Executive Town Car Driver and Executive Town Car Driver Vehicle on behalf of or by an affiliated Executive Town Car Driver Company.
  24. X.  “Horse-Drawn Carriage” is a vehicle or conveyance operating for hire that is drawn, pulled, propelled, or powered, in whole or in part, by a horse, mule, or other animal(s).
  25. Y.  “Horse-Drawn Carriage Driver Permit” means the permit issued to a horse-drawn carriage driver under the terms of this Chapter.
  26. Z.  “Limousine” means a vehicle whose chassis and wheelbase have been altered by a Qualified Vehicle Modifier (QVM) program participant (or its equivalent) beyond the length of the manufacturer’s original specifications, whether at the time of manufacture or after, and which is commonly recognized by the limousine industry as a “limousine.”
  27. AA.  “Limousine, Party Bus, Charter Bus, Tour Bus, or custom Multi-passenger vehicle (LPT) Company” means any entity operating LPT Vehicles other than as a driver and regardless of whether the vehicles so operated are owned by the company, leased, or owned by individual members of the company.
  28. BB.  “LPT Driver” means any person operating a party bus, charter bus, tour bus, or custom multi-passenger vehicle as a permitted driver for any LPT Company.
  29. CC.  “LPT Services” means PFHT or provided for compensation to passengers by an LPT Driver and LPT Vehicle on behalf of or by a certified and affiliated LPT Company.
  30. DD.  “Non-Emergency Medical Transportation (NEMT) Company” means any entity that offers and/or provides PFHT services used for agency-sponsored, contracted transportation as defined in OAR 410-136-3000.
  31. EE.  “Non-Emergency Medical Transportation (NEMT) Driver” means any person operating a vehicle for compensation to offer and/or provide NEMT services.
  32. FF.  “Non-Emergency Medical Transportation (NEMT) Services” means any PFHT services used for agency-sponsored, contracted transportation as defined in OAR 410-136-3000.
  33. GG.  “Non-Emergency Medical Transportation (NEMT) Vehicle” means any vehicle driven to offer and/or provide NEMT services.
  34. HH.  “Operate” means driving a for-hire vehicle, using a for-hire vehicle to conduct a business, receiving money from the use of a for-hire vehicle, or causing or allowing another person to do the same.
  35. II.  “Party Bus” means a van or luxury bus modified to carry 10 or more people and less than 26,000 pounds in GVWR primarily for recreation and/or sightseeing purposes.
  36. JJ.  “Passenger” means a person traveling in a PFHT vehicle that is not the operator of that vehicle.
  37. KK.  “Pedicab and Quadricycle”
    1. 1.  A pedicab means a tricycle that:
      1. a.  Transports or is capable of transporting passengers on seats attached to the tricycle;
      2. b.  Is powered by a human; and
      3. c.  Is used for private for-hire service.
    2. 2.  A Quadricycle means a four-wheel peddle powered unit that:
      1. a.  Transports or is capable of transporting four or more passengers on seats attached to the Quadricycle;
      2. b.  Is powered by human power or an electric motor assist; and
      3. c.  Is used as a PFHT service.
  38. LL.  “Pedicab and Quadricycle Driver Permit” means the permit issued to a pedicab or Quadricycle driver under the terms of this Chapter.
  39. MM.  “Permittee” means a person or business entity that has been issued a driver certification or company permit under the terms of this Chapter.
  40. NN.  “Permitted” means that a PFHT company, driver, or vehicle carries or displays a valid City-issued permit, decal, taxiplate, or certification.
  41. OO.  “Person” means any individual, partnership, joint venture, association, club, trust, estate, corporation, or other form of business organization recognized by Oregon Law.
  42. PP.  “Plate” means the numbered identification plate issued by the City and affixed to a taxi vehicle, horse-drawn carriage, pedicab or Quadricycle.
  43. QQ.  “Prearranged” means that the customer, passenger, or passenger’s agent has personally asked the driver and/or a permitted for-hire vehicle or a permitted PFHT company for transportation services, regardless of the communication format used. The Director may establish the amount of time between asking and receiving transportation services to allow a presumption that the services were “prearranged.”
  44. RR.  “Private for-Hire Transportation (PFHT)” means providing vehicular, horse-drawn carriage pedicab or Quadricycle transportation for compensation of any kind within Portland City limits. However, it does not include transportation provided by a public or governmental entity, including transportation that is regulated entirely by the State of Oregon or the federal government.
  45. SS.  “Private for-Hire Vehicle” means a motorized or non-motorized vehicle used to transport persons for-hire or other consideration and is not exclusively regulated by the State and federal government, when the requirements for vehicles meets or exceeds those described in this Chapter.  This includes limousines, taxis, TNC vehicles, executive town car, shuttles, NEMTs, pedicabs, tour vehicles, Quadricycles, and horse-drawn carriages but does not include school buses, charter buses, or ambulances or ambulance vehicles meeting the requirements of Oregon Administrative Rule 333-255-0000(2) and which are subject to a valid, current ambulance license issued by the Oregon Health Authority.
  46. TT.  “Public Safety,” as it relates to Private for-Hire Transportation (PFHT), means the City’s responsibility to protect the welfare of the public by establishing the qualifications a PFHT driver must possess to provide PFHT services. This includes sanctioning and potentially suspending or revoking driver permits if those qualifications are not met. Public Safety also includes, but is not limited to, a driver’s duty to, at any time, meet qualifying factors in Chapter 16.40 or a driver who has, by a preponderance of the evidence, engaged in physically threatening behaviors or actual physical assaults.
  47. UU.  “Revocation” means that a permit, certification, taxiplate or decal is no longer valid and cannot be renewed without approval by the Director.
  48. VV.  “Shuttle Transportation” means:
    1. 1.  Fixed Route (Airporter) Service. A service that begins or/ends at the Portland International Airport and provides scheduled service to approved locations, except when transporting large groups (e.g., convention groups) or when operating hotel or parking courtesy shuttles, hereinafter defined as “Airporter Shuttle.”
      1. a.  Standard Airporter Shuttle. Vehicle with a minimum capacity of 5 adult passengers and a maximum capacity of 14 passengers, and with the capacity to accommodate equivalent baggage.
      2. b.  Large Airporter Shuttle. Vehicle with a minimum capacity of 15 adult passengers (no maximum capacity), and with the capacity to accommodate equivalent baggage.
    2. 2.  On Demand/Reservation Service. A service provided by a van with a minimum capacity of 5 adult passengers and a maximum capacity of 14 passengers, and with the capacity to accommodate equivalent baggage. Consists of door-to-door and reserved service to any part of the City where primary destination is to and from the Portland International Airport, train station, or bus station.
  49. WW.  “Suspension” means that a permit, taxiplate, certification, or decal is temporarily invalid and that the holder of that permit, taxiplate, certification, or decal may not engage in any PFHT activity under the authority granted to that suspended permit, taxiplate, certification, or decal. A suspension may also apply to a PFHT driver.
  50. XX.  “Tour Bus Vehicle” means any van or bus modified to carry 10 or more people and less than 26,000 pounds in GVWR primarily for recreation and/or sightseeing purposes and driven by a tour bus driver to offer and/or provide tour bus services.
  51. YY.  “Taxi Company” means any entity operating taxi vehicles other than as a driver and regardless of whether the vehicles so operated are owned by the company, leased, or owned by individual members of the company.
  52. ZZ.  “Taxi Dispatch” means a 24-hour active call center with a dispatcher whose purpose is to receive transportation requests and route taxi vehicles to requested locations.
  53. AAA.  “Taxi Driver” means any person operating a taxi vehicle as a driver for any taxi company.
  54. BBB.  “Taxi Vehicle” means any vehicle driven by a taxi driver to offer and/or provide taxi services.
  55. CCC.  “Taxi Services” means PFHT offered or provided for compensation to passengers by a taxi driver and taxi vehicle on behalf of or by an affiliated taxi company.
  56. DDD.  “Taximeter” means a mechanical or electronic device that calculates and displays a fare based on an initial fee, distance traveled, waiting time, or any combination thereof.
  57. EEE.  “Taxiplate” means the numbered metal identification plate issued by the City and permanently affixed to the rear of a taxicab.
  58. FFF.  “Transportation Network Company” (TNC) means any entity or organization, whether a corporation, partnership, or sole proprietor, that connects passengers with affiliated TNC drivers and TNC vehicles through an Internet-based digital or software platform/application operated by the TNC.
  59. GGG.  “Transportation Network Company (TNC) Driver” means any individual operating a PFHT vehicle who connects with passengers through an Internet-based digital or software platform/application operated by an affiliated TNC.
  60. HHH.  “Transportation Network Company (TNC) Services” means any PFHT offered or provided to passengers for compensation by a TNC driver and TNC vehicle on behalf of or by an affiliated TNC.
  61. III.  “Transportation Network Company (TNC) Vehicle” means any vehicle driven by a TNC driver to offer and/or provide TNC services.
  62. JJJ.  “Week” means the 7-day period from Monday through Sunday.
  63. KKK.  “Wheelchair-Accessible Vehicle (WAV)” means that a PFHT vehicle is equipped with a hydraulic or electric lift or ramps designed for the purpose of transporting wheelchair users or others using mobility devices, or which contains any other physical device or alteration designed to permit access to and enable the transportation of physically disabled persons that use mobility devices.

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