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

City code section
  1. A.  Application. An applicant for a shuttle company 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 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. 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 City Administrator may reasonably require;
    7. 7.  The applicant shuttle company’s zero-tolerance drug and nondiscrimination policy;
    8. 8.  The applicant shuttle company’s user terms of service;
    9. 9.  The applicant dispatch or passenger reservation contact information;
    10. 10.  Contact information of the shuttle company’s agent of service and customer service support;
    11. 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. 12.  A detailed description of the shuttle company’s fixed route and time schedule; and
    13. 13.  A nonrefundable application fee.
    14. 14.  All fines and penalties must be paid prior to issuing or reissuing a shuttle company 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 shuttle permit holders must comply with shuttle insurance requirements pursuant to Section 16.40.430. All Shuttle Companies 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 shuttle company application form and upon successful completion of all the requirements pursuant to Section 16.40.410, 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 shuttle company permit.
  6. F.  Application denial. The Application will be denied for any of the following:
    1. 1.  The shuttle company applicant fails to submit all required information and documentation, including valid proof of insurance;
    2. 2.  The shuttle company applicant leases, permits, or otherwise allows other entities not affiliated with the shuttle company and certified by the City Administrator to operate Shuttle services;
    3. 3.  The application has a material misstatement or omission; or
    4. 4.  The shuttle company application is incomplete.
  7. 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 Portland City Code Chapter 22.10.
  8. H.  Providing shuttle services. Shuttle services may only be provided by a permitted shuttle company.
  9. I.  Certification of shuttle drivers. The shuttle company must regularly provide a list of applicant drivers affiliated with the permitted Shuttle for City Administrator certification that drivers meet requirements in Section 16.40.470 on a form approved by the City Administrator. Drivers must be certified and permitted by the City Administrator 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. 1.  Criminal and driver background checks;
    2. 2.  Valid driver’s license; and
    3. 3.  Successful completion of all City Administrator-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 City Administrator.
  10. J.  Shuttle driver re-certification. The shuttle company must provide a list of applicant drivers for re-certification to the City Administrator within one month prior to the shuttle driver certification expiration, on a form approved by the City Administrator. Applicant drivers must 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 may not operate as a shuttle driver.
  11. K.  Certification of shuttle vehicles. The shuttle company must regularly provide a list of applicant vehicles affiliated with the permitted shuttle company for City Administrator certification that vehicles meet requirements pursuant to Section 16.40.450 on a form approved by the City Administrator. Vehicles must be certified by the City Administrator 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. 1.  Vehicle ASE safety inspection;
    2. 2.  Vehicle registration and licensing;
    3. 3.  Vehicle properly equipped and in good condition;
    4. 4.  Shuttle company general and motor vehicle liability insurance, and;
    5. 5.  Automobile liability insurance, as required by state law.
  12. L.  Term of certification of shuttle vehicles. Certifications for shuttle vehicles provided by the City Administrator are valid for a term of one year from the date of City Administrator certification.
  13. M.  Denial appeal. If a shuttle driver or shuttle 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 Portland City Code Chapter 22.10.
  14. 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.
  15. O.  Transferring permits. Transferring permits is 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 five business days.
  16. P.  Removal of shuttle drivers and vehicles from the affiliated shuttle company. Shuttle companies must provide to the City Administrator 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.
  17. Q.  Operating at the Port of Portland. Shuttle companies, drivers, and 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.
  18. 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.

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