(Amended by Ordinance No. 188972, effective June 29, 2018.)
A. Driver Certification. The TNC shall provide a list of applicant drivers affiliated with the permitted TNC for Director certification that drivers meet all requirements pursuant to Chapter 16.40, on a form approved by the Director on a daily basis. Drivers shall be certified by the Director and affiliated with a certified TNC Vehicle prior to being activated on the affiliated TNC platform. Drivers not meeting all required conditions shall not be certified and will not be allowed to operate as a TNC Driver.
B. Term of Certified TNC Driver. Certifications for TNC Drivers provided by a TNC to the Director shall be valid for 1 year from the date of the initial certification. TNC shall provide a re-certification to the Director within 1 month prior to the certification expiration.
C. Application Process. Applications for TNC Driver certification shall be made directly to an affiliated TNC. The TNC will regularly provide to the Director TNC Driver and Vehicle certification lists, pursuant to certification requirements, that the driver meets all requirements prior to the driver operating the vehicle, on a form approved by the Director.
D. TNC Driver Criminal and Driving Background Checks. A local and national criminal background check and driving history review of all drivers shall be conducted annually, based on the driver’s anniversary date, on behalf of the affiliated TNC by a third party accredited by the National Association of Professional Background Screeners that shall include:
1. Multi-state/multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation (primary source search);
2. All motor vehicle records associated with the applicant driver available pursuant to record laws of each state, and
3. The National Sex Offender Public Registry.
E. TNC Driver Criminal and Driving History Disqualifications. A TNC Driver will not be certified and cannot provide TNC services if any of the following conditions exist:
1. The applicant has a felony conviction of any kind within the previous 10 years, based on the conviction date.
2. The applicant has a felony conviction involving physical harm or attempted physical harm to a person, regardless of when the conviction occurred.
3. The applicant is a match in the National Sex Offender Public Registry.
4. During the 5-year period preceding the submission of the application, the applicant has been convicted of any criminal offense involving:
a. Any misdemeanor involving theft, robbery, burglary, assault, sex crimes, drugs, prostitution, or weapons; or
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. Based on the conviction date during a 3-year period, the applicant had more than five traffic violations 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. Based on the conviction date, within a 3-year period, the applicant’s driving privileges were suspended or revoked by any governing jurisdiction as a result of a driving-related incident.
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. Based on the conviction date, during a 3-year period, the applicant’s PFHT driving privileges were revoked by the Director.
9. The applicant does not have at least 1 year’s worth of uninterrupted driving experience with a valid driver’s license in a United States jurisdiction, immediately preceding the certification.
10. The applicant is less than 21 years old.
11. The applicant is unable to obtain car insurance for any reason.
F. All TNC Driver criminal and driving histories are subject to review by the Director.
G. TNC Driver Training. The affiliated company must ensure that all TNC Drivers successfully complete all Director-approved trainings and testing within 30 days of TNC Driver certification and successfully complete any additional training and testing within 30 days of release by the Director.
H. Insurance Requirements. All TNC Drivers affiliated with a TNC shall maintain current, valid personal automobile insurance that meets State of Oregon requirements.
I. Business License Requirements. All TNC Drivers affiliated with a TNC shall comply with all provisions of the Business License Law, Chapter 7.02, prior to being activated on the TNC app. Any TNC Driver without a valid City of Portland business license cannot be certified as a TNC Driver and will not be allowed to operate as a TNC Driver until such business license is obtained.
J. TNC Driver Re-certification. The TNC shall provide a list of applicant drivers for re-certification to the Director within 1 month prior to the TNC Driver certification expiration, on a form approved by the Director. Applicant drivers shall 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 shall not be allowed to operate as a TNC Driver.
K. Suspension or Revocation of Certified TNC Drivers. If a TNC Driver or TNC Vehicle certification is suspended or revoked by the Director, the affiliated TNC shall be notified and the driver shall be removed as soon as notified by the City. TNC Drivers and TNC Vehicles without current, valid certification by the Director shall not be allowed to provide TNC services.
L. Failure to comply with any provision in Section 16.40.270 is a Class B violation subject to penalties provided in Sections 16.40.930 through 16.40.950.