16.40.410 Shuttle Company Permit Application Standards for Approval and/or Denial and Certification Requirements.

City Code Section

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

A.  Application. An applicant for a Shuttle Company permit shall annually submit to the Director:

1.  A completed application on a form supplied by the Director;

2.  Proof of registration with the Secretary of State for any corporate, LLC, or LLP entity;

3.  Proof of registration with the Secretary of State for any assumed business name, along with a listing of the registrant of such;

4.  A list of all persons or entities with more than 10 percent stock ownership if the company issues stock certificates.

5.  If the applicant Shuttle Company is individually owned, the name, business address (or home address if no business address), telephone number, and date of birth of the owner;

6.  If the applicant Shuttle Company 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 Director may reasonably require;

7.  The applicant Shuttle Company’s zero-tolerance drug and non-discrimination policy;

8.  The applicant Shuttle Company’s user terms of service;

9.  The applicant dispatch or passenger reservation contact information;

10.  Contact information of the Shuttle Company’s agent of service and customer service support;

11.  A description and photo or rendering of the unique branding that the applicant Shuttle Company proposes to use for its fleet of affiliated Shuttle Vehicles;

12.  A detailed description of the Shuttle Company’s fixed route and time schedule; and

13.  A nonrefundable application fee.

14.  All fines and penalties must be paid prior to issuing or reissuing a Shuttle Company permit.

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.

C.  Insurance. All Shuttle permit holders shall comply with Shuttle insurance requirements pursuant to Section 16.40.430. All Shuttle Companies shall file a certificate of liability and applicable endorsements with the Director that evidences insurance coverage and terms that are in compliance with the requirements.

D.  Director Review Process. After receiving a completed Shuttle Company application form and upon successful completion of all the requirements pursuant to Section 16.40.410, the Director shall review the application in order to make a recommendation to the Commissioner-in-Charge for approval or denial.

E.  Application Approval. Upon approval by the Commissioner-in-Charge, the Director may be directed to issue a Shuttle Company permit.

F.  Application Denial. The Application shall be denied for any of the following:

1.  The Shuttle Company applicant fails to submit all required information and documentation, including valid proof of insurance;

2.  The Shuttle Company applicant leases, permits, or otherwise allows other entities not affiliated with the Shuttle Company and certified by the Director to operate Shuttle services;

3.  The application has a material misstatement or omission; or

4.  The Shuttle Company application is incomplete.

G.  Denial Appeal. If the application is denied, the applicant Shuttle Company may appeal the decision to the Code Hearings Officer under the provisions of Chapter 22.10.

H.  Providing Shuttle Services. Shuttle Services shall only be provided by a permitted Shuttle company.

I.  Certification of Shuttle Drivers. The Shuttle Company shall regularly provide a list of applicant drivers affiliated with the permitted Shuttle for Director certification that drivers meet requirements in Section 16.40.470 on a form approved by the Director. Drivers shall be certified and permitted by the Director prior to providing Shuttle services on behalf of the affiliated Shuttle Company, and Shuttle Drivers not meeting all required conditions will not be certified as permitted Shuttle Drivers and will not be allowed to operate as Shuttle Drivers. Such requirements include:

1.  Criminal and driver background checks;

2.  Valid driver’s license; and

3.  Successful completion of all Director-approved driver training and testing within 30 days of providing Shuttle Service, and successful completion of any additional training and testing must be completed within 30 days of release by the Director.

J.  Shuttle Driver Re-certification. The Shuttle Company shall provide a list of applicant drivers for re-certification to the Director within 1 month prior to the Shuttle Driver certification expiration, on a form approved by the Director. Applicant drivers shall meet all conditions and be consistent with Shuttle Driver certification requirements pursuant to Section 16.40.470. Drivers not meeting all such conditions will not be re-certified as a Shuttle Driver and shall not be allowed to operate as a Shuttle Driver.

K.  Certification of Shuttle Vehicles. The Shuttle Company shall regularly provide a list of applicant vehicles affiliated with the permitted Shuttle Company for Director certification that vehicles meet requirements pursuant to Section 16.40.450 on a form approved by the Director. Vehicles shall be certified by the Director and affiliated with a permitted Shuttle Company prior to providing Shuttle services. Vehicles not meeting all required conditions will not be certified as a permitted Shuttle Vehicle and will not be allowed to operate as a Shuttle Vehicle. Such requirements include:

1.  Vehicle ASE safety inspection;

2.  Vehicle registration and licensing;

3.  Vehicle properly equipped and in good condition;

4.  Shuttle Company general and motor vehicle liability insurance, and;

5.  Automobile liability insurance, as required by state law.

L.  Term of Certification of Shuttle Vehicles. Certifications for Shuttle Vehicles provided by the Director shall be valid for a term of 1 year from the date of Director certification.

M.  Denial Appeal. If a Shuttle Driver or Shuttle Vehicle certification is denied, suspended, or revoked by the Director, the applicant driver may appeal the decision to the Code Hearings Officer under the provisions of Chapter 22.10.

N.  Right to a Permit. The Shuttle Company’s ability to satisfy the criteria for a Shuttle Company permit does not create a right to a Shuttle Company permit.

O.  Transferring Permits. Transferring permits shall be prohibited. The Company must notify the City in the event that all or part of the business ownership and/or assets are transferred to another party within 5 business days.

P.  Removal of Shuttle Drivers and Vehicles from the Affiliated Shuttle Company. Shuttle Companies shall provide to the Director notification of affiliated Shuttle Drivers that have been prohibited from providing Shuttle services by the affiliated Shuttle Company and Shuttle Vehicles that have been removed from the fleet of the affiliated Shuttle Company as changes occur.

Q.  Operating at the Port of Portland. Shuttle Companies, Drivers, and Vehicles are prohibited from operating at the Portland International Airport without a City of Portland permit/certification and specific permission or approval from the Port of Portland.

R.  Failure to comply with any provision in Section 16.40.410 is a Class B violation subject to penalties provided in Sections 16.40.930 to 16.40.950.