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16.40.210 TNC Permit Application Standards for Approval and/or Denial and Certification Requirements.

City code section
  1. A.  Application. An applicant for a TNC permit must annually submit to the City Administrator:
    1. 1.  A completed application on a form supplied by the City Administrator;
    2. 2.  Proof of registration with the Secretary of State for any corporate, LLC, or LLP entity;
    3. 3.  Proof of registration with the Secretary of State for any assumed business name, along with a listing of the registrant of such;
    4. 4.  A list of all persons or entities with more than 10 percent stock ownership if the company issues stock certificates;
    5. 5.  If the applicant TNC is individually owned, the name, business address (or home address if no business address), telephone number, and date of birth of the owner;
    6. 6.  If the applicant TNC is a corporation, partnership, or other business entity, the names, business addresses, telephone numbers, and date of birth of the person or persons vested with authority to manage or direct the affairs of the legal entity in Portland (authorized representative) or to bind the legal entity in dealings with third parties, and any other information that the City Administrator may reasonably require;
    7. 7.  The applicant TNC’s zero-tolerance drug and nondiscrimination policy;
    8. 8.  The applicant TNC’s user terms of service;
    9. 9.  TNC app description with general use information and customer instructions for requesting a wheelchair-accessible vehicle;
    10. 10.  Contact information of the TNC’s agent of service and customer service support;
    11. 11.  The trade dress the applicant TNC proposes to use for each affiliated driver’s vehicle, with a photo of the trade dress submitted with the application; and
    12. 12.  A nonrefundable application fee.
    13. 13.  All fines and penalties must be paid prior to PBOT issuing or reissuing a TNC permit.
  2. B.  Compliance with Secretary of State’s rules. No permit will be issued unless the company is validly registered with the Secretary of State, including all assumed business names.
  3. C.  Insurance. All TNC permit holders must comply with TNC insurance requirements pursuant to Section 16.40.230. All TNCs must file a certificate of liability and applicable endorsements with the City Administrator that evidences insurance coverage and terms that are in compliance with the requirements.
  4. D.  City Administrator review process. After receiving a completed TNC application form and upon successful completion of all the requirements pursuant to Section 16.40.210, the City Administrator will review the application in order to make a recommendation to the City Administrator for approval or denial.
  5. E.  Application approval. Upon approval by the City Administrator, the City Administrator may be directed to issue a TNC permit valid for a period of up to one year from the date of approval.
  6. F.  Application denial. The application will be denied for any of the following reasons:
    1. 1.  The TNC applicant fails to submit all required information and documentation, including valid proof of insurance;
    2. 2.  The TNC applicant provides TNC app services to anyone other than TNC Drivers meeting the requirements set forth in Chapter 16.40;
    3. 3.  The TNC applicant leases, permits, or otherwise allows other entities not affiliated with the TNC and certified by the City Administrator to operate TNC services;
    4. 4.  The TNC applicant affiliates with and provides a TNC App to drivers operating vehicles without a TNC Vehicle certification;
    5. 5.  The application has a material misstatement or omission; and
    6. 6.  The TNC application is incomplete.
  7. G.  Denial appeal. If the application is denied, the applicant TNC may appeal the decision to the Code Hearings Officer under the provisions of Portland City Code Chapter 22.10.
  8. H.  Providing TNC services. TNC services must be provided only by a permitted TNC.
  9. I.  Certification of TNC drivers. The TNC must provide a daily list of applicant drivers affiliated with the permitted TNC for City Administrator certification that drivers meet requirements in Section 16.40.270, on a form approved by the City Administrator on a daily basis. Drivers must be certified by the City Administrator prior to being activated on the affiliated TNC platform, and drivers not meeting all required conditions will not be certified as a permitted TNC Driver and will not be allowed to operate as a TNC Driver. Such requirements include:
    1. 1.  Criminal and driver background checks;
    2. 2.  Personal automobile liability insurance for independent contractors;
    3. 3.  A valid driver’s license;
    4. 4.  TNC driver business license number; and
    5. 5.  Successful completion of all City Administrator-approved driver training and testing within 30 days of providing TNC Service, and successful completion of any additional training and testing must be completed within 30 days of release by the City.
  10. J.  Term of certification of TNC driver. Certifications for TNC drivers provided by the City Administrator are valid for a term of one year from date of City Administrator certification.
  11. K.  TNC driver re-certification. The TNC must daily provide a list of applicant drivers for re-certification to the City Administrator within one month prior to the TNC driver certification expiration, on a form approved by the City Administrator. Applicant drivers must meet all conditions and be consistent with TNC driver certification requirements pursuant to Section 16.40.270. Drivers not meeting all such conditions will not be re-certified as a TNC driver and may not operate as a TNC driver.
  12. L.  Certification of TNC vehicles. The TNC must daily provide a list of applicant vehicles affiliated with the permitted TNC for City Administrator certification that vehicles meet requirements in Section 16.40.250, on a form approved by the City Administrator. Vehicles must be certified by the City Administrator and affiliated with a certified TNC driver prior to being activated on the affiliated TNC. Vehicles not meeting all required conditions will not be certified as a permitted TNC vehicle and will not be allowed to operate as a TNC vehicle on a TNC platform. Such requirements include:
    1. 1.  Vehicle ASE safety inspection;
    2. 2.  Vehicle registration and licensing;
    3. 3.  Vehicle properly equipped and in good condition;
    4. 4.  Commercial automobile liability insurance; and
    5. 5.  Personal automobile liability insurance, as required by state law.
  13. M.  Term of certification of TNC vehicles. Certifications for TNC Vehicles provided by the City Administrator are valid for a term of one year from date of City Administrator certification.
  14. N.  TNC vehicle re-certification. The TNC must provide a list of applicant vehicles for re-certification to the City Administrator within one month prior to the TNC Vehicle certification expiration, on a form approved by the City Administrator. Applicant vehicles must meet all conditions and be consistent with TNC Vehicle certification requirements pursuant to Section 16.40.250 for re-certification. Vehicles not meeting all such conditions will not be re-certified as a TNC Vehicle and may not operate as a TNC Vehicle.
  15. O.  Denial appeal. If a TNC Driver or TNC Vehicle certification is denied, suspended, or revoked by the City Administrator, the applicant driver may appeal the decision to the Code Hearings Officer under the provisions of Chapter 22.10.
  16. P.  Right to a permit. The TNC’s ability to satisfy the criteria for a TNC permit does not create a right to a TNC permit.
  17. Q.  Transferring permits. Transferring permits is prohibited.
  18. R.  Removal of TNC drivers and TNC vehicles from affiliated TNC platform. A TNC must daily provide to the City Administrator notification of affiliated TNC drivers and TNC vehicles that have been permanently deactivated from the TNC platform or prohibited from providing TNC services by the affiliated TNC.
  19. S.  Operating at the Port of Portland. TNCs, TNC drivers, and TNC vehicles are prohibited from operating at the Portland International Airport without a City permit/certification and specific permission or approval from the Port of Portland.
  20. T.  Failure to comply with any provision in Section 16.40.210 is a Class B violation subject to penalties provided in Sections 16.40.930 through 16.40.950.

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