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16.40.170 Taxi Driver Certification Requirements.

City Code Section
  1. A.  Taxi driver certification. The taxi company must regularly provide a list of applicant drivers affiliated with the permitted taxi company for City Administrator certification that drivers meet all requirements pursuant to Chapter 16.40, on a form approved by the City Administrator. Drivers must be certified and permitted by the City Administrator and affiliated with a permitted taxi company prior to operating a taxi vehicle. Drivers not meeting all required conditions will not be certified and may not operate as a taxi driver. taxi companies must regularly provide a current list of affiliated taxi drivers and taxi vehicles.
  2. B.  Term of certified taxi driver. Certifications for taxi drivers provided by a taxi company to the City Administrator are valid for one year from the date of the initial certification. The affiliated taxi company must provide a re-certification to the City Administrator within one month prior to the certification expiration on a form approved by the City Administrator.
  3. C.  Application process. Applications for taxi driver certification must be made directly to an affiliated taxi company. The taxi company will regularly provide to the City Administrator a list of taxi drivers, pursuant to certification requirements, that the driver meets all requirements before the driver may operate a taxi vehicle on a form approved by the City Administrator.
  4. D.  Taxi driver criminal and driving background checks. A local, national criminal background check and driving history review of all drivers must be conducted annually on behalf of the affiliated taxi company by a third party accredited by the National Association of Professional Background Screeners that must include:
    1. 1.  Multi-state/multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation (primary source search);
    2. 2.  All motor vehicle records associated with the applicant driver available pursuant to records laws of each state; and
    3. 3.  The National Sex Offender Public Registry.
  5. E.  Taxi driver criminal and driving history disqualifications. A driver will not be certified as a taxi driver and cannot provide taxi services if any of the following conditions exist:
    1. 1.  The applicant has a felony conviction of any kind within the previous 10 years, based on the conviction date.
    2. 2.  The applicant has a felony conviction involving physical harm or attempted physical harm to a person, regardless of when the conviction occurred.
    3. 3.  The applicant is a match in the National Sex Offender Public Registry.
    4. 4.  During the five-year period preceding the submission of the application, the applicant has been convicted of any criminal offense involving:
      1. a.  Any misdemeanor involving theft, robbery, burglary, assault, sex crimes, drugs, prostitution, or weapons, or
      2. b.  Any traffic crime, including but not limited to: driving under the influence of intoxicants, reckless driving, attempt to elude a police officer, or leaving the scene of an injury accident.
    5. 5.  Based on the conviction date during a three-year period, the applicant had more than five traffic violations convictions as defined in ORS 801.557; more than five serious traffic violations as defined by the Oregon Department of Motor Vehicles; more than five motor vehicle accidents that are required to be reported to the Oregon Department of Motor Vehicles pursuant to ORS 811.720; or more than five of any combination of serious traffic violations or motor vehicle accidents as provided above.
    6. 6.  Based on the conviction date, within a three-year period, the applicant’s driving privileges were suspended or revoked by any governing jurisdiction as a result of a driving-related incident.
      1. a.  Specific suspensions of an administrative nature may be excluded as defined in Administrative Rule TRN-14.40.
    7. 7.  Based on the conviction date, the applicant has two or more traffic violations as defined in ORS 801.557 of any kind within the previous 12 months from the date of the application.
    8. 8.  Based on the conviction date, during a three-year period, the applicant’s PFHT driving privileges were revoked by the City Administrator.
    9. 9.  Upon application submittal, all applicants must demonstrate maintaining a valid license to drive in any US jurisdiction for at least 365 days, within the 18-month period preceding the application submittal date.
    10. 10.  The applicant is less than 21 years old.
    11. 11.  The applicant is unable to obtain car insurance for any reason.
  6. F.  All taxi driver criminal and driving histories are subject to review by the City Administrator.
  7. G.  Taxi driver training. The affiliated company must ensure that all taxi drivers successfully complete all City Administrator-approved trainings and testing within 30 days of taxi driver certification and successfully complete any additional training and testing within 30 days of release by the City Administrator.
  8. H.  Business license requirements. All taxi drivers operating as independent contractors affiliated with a taxi company must comply with all provisions of the Business License Law, Portland City Code Chapter 7.02, prior to operating a taxi vehicle. Any taxi driver operating as an independent contractor without a valid City business license cannot be certified as a taxi driver and will not be allowed to operate as a taxi driver until such business license is obtained.
  9. I.  Taxi driver re-certification. The taxi company must provide a list of applicant drivers for re-certification to the City Administrator within one month prior to the taxi driver certification expiration, on a form approved by the City Administrator. Applicant drivers must meet all conditions and be consistent with taxi driver certification requirements pursuant to Sections 16.40.170. Drivers not meeting all such conditions will not be re-certified as a taxi driver and may not provide taxi services.
  10. J.  Suspension or revocation of certified taxi drivers. If a taxi driver certification is suspended or revoked by the City Administrator, the affiliated taxi company will be notified and the driver must be removed as soon as notified by the City. Taxi drivers and taxi vehicles without current, valid certification by the City Administrator may not operate as a taxi driver or taxi vehicle.
  11. K.  Taxi driver decertification. The taxi company must inform the City, through the established online certification portal, no later than 24 hours after the driver or company has terminated the relationship.
  12. L.  Failure to comply with any provisions in Section 16.40.170 is a Class B violation subject to penalties provided in Sections 16.40.930 through 16.40.950.

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