16.40.440 Shuttle Company Operating Responsibilities and Prohibitions.

City Code Section

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

A.  A permitted Shuttle Company shall adhere to the fixed route and time schedule approved by the Director. Changes to the Shuttle Company’s fixed route and time schedule shall be submitted and approved by the Director prior to implementation of a revised fixed route and time schedule.

B.  Shuttle Companies shall accept all requests for Shuttle Service received from any location within the City, including requests made by persons with disabilities and requests for wheelchair-accessible service pursuant to Section 16.40.490.

C.  Drug, Alcohol and Discrimination Policy.

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.  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.

D.  User Terms of Service. It must be stated within a disclaimer or limitation of liability in a Shuttle Company’s user terms of service that no disclaimer of liability for negligence or other tortious conduct shall have any force or effect in the City of Portland, and that any tort claim against a company shall be governed by Oregon tort law in effect at the time of the claim.

E.  Fare Rate Transparency. Shuttle fare rates shall be established by the Shuttle Company, reported to the Director, and made available in a clear and transparent way to the passenger prior to the passenger accepting a ride.

F.  Receipts. All Shuttle passengers shall be provided either a paper or digital receipt for services at the termination of the ride that clearly indicates the fare paid, time of ride, name of Shuttle Company, Shuttle Driver, Shuttle Company customer service support contact information, and the City of Portland’s PFHT complaint phone number.

G.  Agent of Service Requirements. Shuttle Companies will maintain, during all times when the Shuttle Company Permit is valid, a locally based agent of service, with regular hours of business during weekdays.

H.  Customer Service Support Requirements. Shuttle Companies will maintain, during all times when the Shuttle Company 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.

I.  Reporting Requirements. Each Shuttle Company shall regularly report the following to the Director:

1.  The number and type of crimes against drivers to the extent known;

2.  The arrest or conviction for any criminal offense of any affiliated Shuttle Driver;

3.  The filing of any lawsuit against or on behalf of the Shuttle Company related to the operation of the company and its services in the City of Portland;

4.  The initiation of bankruptcy proceedings or corporate or partnership dissolution by the company; and

5.  Any information required to be disclosed by Chapter 16.40 that comes to the attention of the Shuttle Company.

6.  Upon request, the Shuttle Company shall provide data identified by the Director to verify compliance with requirements pursuant to Chapter 16.40.

J.  Shuttle Company Records Management and Mandatory Compliance.

1.  Shuttle Companies will be required to keep documentation of all certified Shuttle Drivers and Shuttle Vehicles. Such records shall be kept on file during the term of the Shuttle Company Permit and for 2 calendar years after the expiration of such permit. Upon request or subpoena, Shuttle Company records shall be provided to the Director and/or law enforcement officers.

2.  Shuttle Companies 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.

K.  Failure to comply with any provision in Section 16.40.440 is a Class B violation subject to penalties provided in Sections 16.40.930 to 16.40.950.