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16.40.560 Pedicab and Quadricycle Driver Certification and Operating Requirements.

City code section
  1. A.  Pedicab and quadricycle driver certification. The pedicab and quadricycle company must regularly provide a list of applicant drivers affiliated with the permitted pedicab or quadricycle company for City Administrator certification that drivers meet all requirements pursuant to Chapter 16.40, on a form approved by the City Administrator. A valid driver’s license is required for quadricycle Drivers. A valid driver’s license or valid government-issued photo identification is required for pedicab drivers. Drivers not meeting all required conditions will not be certified and may not operate as a pedicab or quadricycle driver. Pedicab and quadricycle Companies must provide a current driver list to the City Administrator as changes occur.
  2. B.  Term of certified pedicab and quadricycle drivers. Certifications for pedicab and quadricycle drivers provided by a pedicab or quadricycle company to the City Administrator are valid for one year from the date of the initial certification. The affiliated pedicab or quadricycle company must provide a re-certification to the City Administrator within one month prior to the certification expiration on a form approved by the City Administrator.
  3. C.  Application process. Applications for pedicab and quadricycle driver certification must be made directly to an affiliated pedicab or quadricycle company. The pedicab or quadricycle company will regularly provide to the City Administrator pedicab or quadricycle driver and vehicle application lists, pursuant to certification requirements, that the driver meets all requirements before the driver may operate as a pedicab or quadricycle driver on a form approved by the City Administrator.
  4. D.  Pedicab and quadricycle driver Criminal and Driving Background Checks. A local and national criminal background check and driving history review of all drivers must be conducted annually on behalf of the affiliated pedicab or quadricycle company by a third party accredited by the National Association of Professional Background Screeners that must include:
    1. 1.  Multi-state/multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation (primary source search);
    2. 2.  All motor vehicle records associated with the applicant driver available pursuant to records laws of each state; and
    3. 3.  The National Sex Offender Public Registry.
  5. E.  Pedicab and quadricycle driver criminal and driving history disqualifications. A driver will not be certified as a pedicab or quadricycle driver and cannot provide pedicab or quadricycle services if any of the following conditions exist:
    1. 1.  The applicant has a felony conviction of any kind within the previous 10 years, based on the conviction date.
    2. 2.  The applicant has a felony conviction involving physical harm or attempted physical harm to a person, regardless of when the conviction occurred.
    3. 3.  The applicant is a match in the National Sex Offender Public Registry.
    4. 4.  During the five-year period preceding the submission of the application, based on the conviction date, the applicant has been convicted of any criminal offense involving:
      1. a.  Any misdemeanor involving theft, robbery, burglary, assault, sex crimes, drugs, prostitution, or weapons; or
      2. 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. 5.  Based on the conviction date, during a three-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. 6.  Based on the conviction date, during a three-year period, the applicant’s driving privileges were suspended or revoked by any governing jurisdiction as a result of a driving-related incident.
      1. a.  Specific suspensions of an administrative nature may be excluded as defined in Administrative Rule TRN-14.40.
    7. 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. 8.  Based on the conviction date, during a three-year period, the applicant’s PFHT driving privileges were revoked by the City Administrator.
    9. 9.  When permitted to operate a quadricycle, the applicant must have a valid driver’s license in a United States jurisdiction.
    10. 10.  The applicant is less than 18 years old.
  6. F.  All pedicab and quadricycle driver criminal and driving histories are subject to review by the City Administrator.
  7. G.  Pedicab and quadricycle driver Training. Pedicab drivers that do not possess a valid driver’s license meeting all the requirements of Section 16.40.550 must successfully complete a City Administrator-approved City bicycle safety course.  The affiliated company must ensure that all pedicab and quadricycle drivers successfully complete all City Administrator-approved trainings and testing within 30 days of pedicab and quadricycle driver certification and successfully complete any additional training and testing within 30 days of release by the City Administrator.
  8. H.  Business license requirements. All pedicab and quadricycle drivers operating as independent contractors affiliated with a pedicab or quadricycle company must comply with all provisions of the Business License Law, Chapter 7.02, prior to operating a pedicab or quadricycle vehicle. Any independent contracted pedicab or quadricycle driver without a valid City business license as required by Chapter 7.02 cannot be certified as a pedicab or quadricycle driver and will not be allowed to operate as a pedicab or quadricycle driver until such business license is obtained.
  9. I.  Pedicab and quadricycle driver re-certification. The pedicab and quadricycle company must provide a list of applicant drivers for re-certification to the City Administrator within one month prior to the pedicab or quadricycle driver certification expiration, on a form approved by the City Administrator. Applicant drivers must meet all conditions and be consistent with pedicab and quadricycle driver certification requirements pursuant to Sections 16.40.550. Drivers not meeting all such conditions will not be re-certified as a pedicab or quadricycle driver and may not provide pedicab or quadricycle services.
  10. J.  Suspension or revocation of certified pedicab and quadricycle drivers. If a pedicab or quadricycle certification is suspended or revoked by the City Administrator, the affiliated pedicab or quadricycle company must be notified, and the driver must be removed as soon as notified by the City. Pedicab and quadricycle drivers without current, valid certification by the City Administrator may not operate as a pedicab or quadricycle driver.
  11. K.  Pedicab and quadricycle driver decertification. The pedicab and quadricycle company must inform the City, through the established online certification portal, no later than 24 hours after the driver or company has terminated the relationship.
  12. L.  Failure to comply with any provision in Section 16.40.560 is a Class B violation subject to penalties provided in Sections 16.40.930 to 16.40.950.

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