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16.40.240 TNC Operating Responsibilities and Prohibitions.

City Code Section

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

  1. A.  Minimum Standards of Service. A permitted TNC shall comply with the following minimum standards:
    1. 1.  A TNC app 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 moment the passenger requests a ride using the TNC application, is unreasonable.
    2. 2.  Acceptance of any request for TNC service received from any location within the City including requests made by persons with disabilities and requests for wheelchair-accessible service pursuant to Section 16.40.290.
    3. 3.  The TNC app used to connect drivers to riders shall display an accurate picture of the TNC Driver and a picture or description of the type of TNC Vehicle, as well as the license plate number of the TNC Vehicle.
  2. B.  Drug, Alcohol and Discrimination Policy.
    1. 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. 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.
  3. C.  User Terms of Service. It must be stated within a disclaimer or limitation of liability in a TNC’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 TNC shall be governed by Oregon tort law in effect at the time of the claim.
  4. D.  Fare Rate Transparency.
    1. 1.  TNCs shall use an online-enabled or mobile software-based application to determine fares for TNC services.
    2. 2.  All TNC fare rates shall be made available in a clear and transparent way to the TNC passenger on the TNC app prior to the TNC passenger accepting a ride.
  5. E.  Receipts. All TNC 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 16.40.240 I. (below). A receipt must be provided at the termination of the ride that clearly indicates the fare paid, time of ride, name of TNC, name of TNC Driver, TNC customer service support contact information, and the City of Portland’s PFHT complaint phone number.
  6. F.  Limitation or Prohibition on Dynamic Pricing. The Bureau Director may limit or prohibit dynamic pricing by any TNC or TNC Driver during a State of Emergency, as declared by the Mayor, pursuant to Portland City Code Section 15.04.040.
  7. G.  Agent of Service Requirements. TNCs will maintain, during all times when the TNC permit is valid, a locally based agent of service, with regular hours of business during weekdays.
  8. H.  Customer Service Support Requirements. TNCs will maintain, during all times when the TNC 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.
  9. I.  Reporting Requirements. Each TNC shall regularly report the following to the Director:
    1. 1.  The number and type of crimes committed against drivers to the extent known;
    2. 2.  Any arrest, charge, or conviction of the driver for any criminal offense involving theft, robbery, burglary, assault, sex crimes, drugs, or prostitution; and any restriction, suspension or revocation of the driver’s motor vehicle driver’s license arrest or conviction for any criminal offense of any affiliated TNC driver involving the operation of TNC service in the City of Portland;
    3. 3.  The filing of any lawsuit against or on behalf of the TNC related to the TNC services of the affiliated TNC, TNC Driver, or TNC Vehicle in the City of Portland;
    4. 4.  The initiation of bankruptcy proceedings or corporate or partnership dissolution by the company, and;
    5. 5.  Any information required to be disclosed by Chapter 16.40 that comes to the attention of the TNC.
  10. J.  Data Requirements.
    1. 1.  TNCs shall provide relevant anonymized data to the City no later than the 5 business days after the last day of the previous month pursuant to applicable data sharing agreement. Examples of relevant data may include, but are not limited to, the following:
      1. a.  Unique transaction ID number that corresponds with the passenger’s receipt;
      2. b.  Number, date, and time of fulfilled trips;
      3. c.  Trip wait time;
      4. d.  Number, date, and time of unfulfilled requests (rides the company was unable to fulfill);
      5. e.  Number, date, and time of trips declined by the driver or the company (rides declined by drivers);
      6. f.  Number of canceled rides (rides canceled by the customer);
      7. g.  Trip origin GPS, latitude and longitude; and
      8. h.  Trip destination GPS, latitude and longitude.
    2. 2.  TNCs shall submit data, pursuant to a data sharing agreement with the City and permitted companies.
    3. 3.  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.
    4. 4.  In the event disclosure of such data is required by law, the City will provide TNCs notice prior to any disclosure of such data.
    5. 5.  Upon request, the TNC shall provide data identified by the Director to verify compliance with requirements pursuant to Chapter 16.40.
  11. K.  Digital Record Requirements. Secure, digital records with contact information from TNC Drivers and TNC passengers shall be maintained by the TNC. Such records shall provide a verifiable way to identify drivers and riders for investigatory purposes. Secure digital records must be maintained in accordance with the following requirements:
    1. 1.  Secure digital records with contact information from the TNC Driver and passenger must be maintained by the TNC. TNCs own the secure digital records and are responsible for their maintenance and the records produced by them;
    2. 2.  If any law enforcement officer requests access to any record necessary to assist in the investigation of any crime after following appropriate legal process, the TNC shall respond to the request within 24 hours and promptly disclose records pursuant to the investigation request;
    3. 3.  No TNC or Driver may allow any unauthorized person to intentionally access any records produced by the digital record systems; and
    4. 4.  The TNC shall notify the City of a known data security breach in the same manner as provided in ORS 646A.600 to ORS 646A.628.
  12. L.  TNC Records Management and Mandatory Compliance.
    1. 1.  TNCs will be required to keep documentation of all certified TNC Drivers and TNC Vehicles. Such records shall be kept on file during the term of the TNC permit and for 2 calendar years after the expiration of such permit. Upon request or subpoena, TNC records shall be provided to the Bureau Director and/or law enforcement officers.
    2. 2.  TNCs shall submit to compliance audits and enforcement actions upon request by the Director, any authorized city personnel or law enforcement officers pursuant to Chapter 16.40.
  13. M.  Failure to comply with any provision in Section 16.40.240 is a Class B violation subject to penalties provided in Sections 16.40.930 through 16.40.950.