16.40.140 Taxi Company Operating Responsibilities and Prohibitions.

City Code Section

(Amended by Ordinance No. 188972, effective June 29, 2018.)

A.  Minimum Standards of Service. A permitted Taxi Company shall comply with the following minimum standards:

1.  A dispatch system in operation 24 hours each day capable of providing reasonably prompt service in response to requests. It is a rebuttable presumption that any time beyond 30 minutes from the time the passenger requests service is unreasonable.

2.  Acceptance of any request for Taxi service received from any location within the City including requests made by persons with disabilities and requests for wheelchair-accessible service pursuant to Section 16.40.190. It is a rebuttable presumption that any time beyond 30 minutes is unreasonable.

3.  Service citywide, 24 hours a day, 7 days a week.

4.  A minimum fleet of 15 Taxi Vehicles.

B.  Drug, Alcohol, and Discrimination Policy.

1.  Zero Tolerance for Drug and Alcohol Use and Discrimination. All permitted companies shall employ at all times a zero-tolerance policy for intoxicants.

2.  Zero Tolerance for Discrimination. All permitted companies shall adopt a policy that, at a minimum, prohibits drivers and employees from engaging in discrimination, to include making derogatory comments, on the basis of a person’s race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic protected under applicable local, state, or federal law. This policy must be submitted to the Director for approval. Any changes to the policy shall be submitted to and approved by the Director prior to implementation.

C.  User Terms of Service. It must be stated within a disclaimer or limitation of liability in a Taxi Company’s user terms of service that no disclaimer of liability for negligence or other tortious conduct shall have any force or effect as prohibited by local law or restriction in the City of Portland, and that any tort claim against a Taxi Company shall be governed by Oregon tort law in effect at the time of the claim.

D.  Fare Rate Transparency. All Taxi fare rates shall be established by the Taxi Company, reported to the Director, and made available in a clear and transparent way to the passenger prior to the passenger accepting a ride. Fare rates for wheelchair-accessible vehicle (WAV) service shall be comparable with fare rates for non-WAV service. Changes to fare rates shall be submitted by the permitted Taxi Company and reported to the Director prior to implementation.

E.  Receipts. All Taxi passengers shall be provided either a paper or digital receipt with a unique transaction ID number that corresponds with the transaction number provided with the company’s data submissions described in Subsection 16.40.140 I. (below). A receipt must be provided at the termination of the ride that clearly indicates the fare paid, time of ride, name of Taxi Company, name of Taxi Driver, Taxi Company customer service support contact information, and the City of Portland’s PFHT complaint phone number.

F.  Limitation or Prohibition on Dynamic Pricing. The Director may limit or prohibit dynamic pricing by any Taxi Company or Taxi Driver during a State of Emergency, as declared by the Mayor, pursuant to Portland City Code Section 15.04.040. Dynamic pricing is prohibited at all times for WAV service.

G.  Agent of Service Requirements. Taxi Companies will maintain, during all times when the Taxi Company permit is valid, a local agent of service, with regular hours of business during weekdays.

H.  Customer Service Support Requirements. Taxi Companies will maintain, during all times when the Taxi Company permit is valid, customer service support with posted contact information, including a local phone number and local address, and the ability to leave messages 24 hours per day and 7 days per week via telephone or email. Response to messages shall be made within 24 hours.

I.  Reporting Requirements. Each Taxi Company shall regularly report the following to the Director:

1.  The number and type of crimes against drivers to the extent known;

2.  The arrest or conviction for any criminal offense of any affiliated Taxi Driver;

3.  The filing of any lawsuit against or on behalf of the Taxi Company related to the operation of the company and its services in the City of Portland;

4.  The initiation of bankruptcy proceedings or corporate or partnership dissolution by the company; and

5.  Any information required to be disclosed by Chapter 16.40 that comes to the attention of the Taxi Company.

J.  Data Requirements.

1.  Any permitted Taxi Company shall provide relevant anonymized data to the City no later than the 5 business days after the last day of the previous month. Examples of relevant data may include, but are not limited to, the following:

a.  Unique transaction ID number that corresponds with the passenger’s receipt;

b.  Number, date, and time of fulfilled trips;

c.  Trip wait time:

d.  Number, date, and time of unfulfilled requests (rides the company was unable to fulfill);

e.  Number, date, and time of trips declined by the driver or the company (rides declined by drivers);

f.  Number of canceled rides (rides canceled by the customer);

g.  Trip origin GPS, latitude and longitude; and

h.  Trip destination GPS, latitude and longitude.

2.  The data collected by the City will be, except as otherwise required by law, kept confidential by the City, used only within the City, and not disclosed to third parties, in accordance with any applicable data-sharing agreement.

3.  In the event that disclosure of such data is required by law, the City will provide taxi companies notice prior to any disclosure of such data.

4.  Upon request, the Taxi Company shall provide data identified by the Director to verify compliance with requirements pursuant to Chapter 16.40.

5.  Failure to report any ride data as described in Subsection 16.40.910 E.1. is a Class B violation.

K.  Digital Record Requirements. Digital records shall provide a verifiable way to identify drivers and riders for investigation purposes. A permitted Taxi Vehicle must maintain either secure, digital records with contact information from Taxi Drivers and Taxi passengers or a digital security camera system in accordance with the following requirements:

1.  Digital security cameras are required in every permitted taxicab, or secure digital records with contact information from the passenger must be maintained by the Taxi Company. Taxi Companies own the cameras or secure digital records and are responsible for their maintenance and the records produced by them.

2.  Taxi Companies must perform inspection and testing of the cameras according to the recommended product specifications, requirements, and schedule.

3.  No Taxi Driver may tamper with, damage, disturb, remove, or disable a digital security camera system in a taxicab or any digital records maintained by the Taxi Company.

4.  Taxi Drivers must utilize the digital security camera and immediately notify the Taxi Company if a digital security camera system is or appears to be damaged, stolen, or inoperable. When a digital security camera is utilized, signage must be visible to passengers within the Taxi Vehicle that states the following: YOU ARE ON CAMERA. IT IS A FELONY IN OREGON TO ASSAULT A TAXICAB DRIVER.

5.  If any law enforcement officer requests access to any record necessary to assist in the investigation of any crime after following the appropriate legal process, the Taxi Company shall respond to the request within 24 hours and promptly disclose records pursuant to the investigation request.

6.  No Taxi Company or Driver may allow any person to intentionally access any records produced by the digital security camera or record systems.

7.  The Taxi Company shall notify the City of a known data security breach in the same manner as provided in ORS 646A.600 to ORS 646A.628.

L.  Taxi Company Records Management and Mandatory Compliance.

1.  Taxi Companies will be required to keep documentation of all certified Taxi Drivers and Taxi Vehicles. Such records shall be kept on file during the term of the Taxi Company permit and for 2 calendar years after the expiration of such permit. Upon request or subpoena, Taxi Company records shall be provided to the Director and/or law enforcement officers.

2.  Taxi Companies shall submit to compliance audits and enforcement actions upon request by the Director or law enforcement officers pursuant to Chapter 16.40.

M.  Failure to comply with any provision in Section 16.40.140 is a Class B violation subject to penalties provided in Sections 16.40.930 through 16.40.950.