16.40.570 Pedicab and Quadricycle Driver Conduct Requirements and Prohibitions.

City Code Section

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

A.  Transferring Credentials. Transferring Pedicab or Quadricycle Driver or Pedicab or Quadricycle Vehicle credentials from one driver or vehicle to another shall be prohibited.

1.  Failure to comply with this Subsection A. is a Class B violation subject to penalties provided in Sections 16.40.930 through 16.40.950.

B.  Pedicab and Quadricycle Drivers shall carry:

1.  A paper copy of the Pedicab or Quadricycle Company insurance pursuant to ORS 806.011 and a valid driver’s license (for Quadricycle drivers) or government-issued photo identification or driver’s license for Pedicab drivers always while operating a Pedicab or Quadricycle Vehicle. Upon request by the Director or a law enforcement officer, Pedicab or Quadricycle Drivers shall present proof of a valid Pedicab or Quadricycle Company insurance policy and driver’s license or government-issued photo identification.

2.  A paper copy of the driver’s City of Portland business license, when operating as an independent contractor, as required by Chapter 7.02, at all times while operating as a Pedicab or Quadricycle Driver.

3.  City of Portland Driver Permit. Drivers must carry a valid, original City of Portland driver permit at all times while operating a Pedicab or Quadricycle.

4.  All required documents listed above must be available and presented at the time of any inspection, upon request.

5.  Failure to comply with any provision in this Subsection B. shall be a Class D violation subject to the penalties provided in Sections 16.40.930 through 16.40.950.

C.  Driver Conduct. No Pedicab or Quadricycle Driver shall:

1.  Allow another person to use their Pedicab or Quadricycle Driver certification.

2.  Drive or allow another person to drive a Pedicab or Quadricycle Vehicle without a valid driver’s license, government-issued photo identification, permit, and company certification while the vehicle is being used to provide Pedicab or Quadricycle Services.

3.  Operate any Pedicab or Quadricycle Vehicle while consuming or while under the influence of intoxicants, or operate the vehicle in a careless or reckless manner or in a manner contrary to the laws of the City of Portland or the State of Oregon.

4.  Operate any PFHT vehicle if impaired by any legally prescribed or over-the-counter drugs or medications.

5.  Use a vehicle in the commission of any crime.

6.  Use or broadcast profane or obscene language offensive to the passenger or other community members while operating a PFHT vehicle.

7.  Consume any intoxicant, smoke any substance, or use any device that produces a smoke-like vapor while operating a Pedicab or Quadricycle Vehicle.

8.  Allow any passenger to consume an intoxicant or smoke any substance, or use any device that produces a smoke-like vapor inside a Pedicab or Quadricycle Vehicle.

9.  Defraud a passenger in any way.

10.  Be discourteous to a passenger.

11.  Refuse to issue a fully completed receipt, in digital or paper form, for a fare paid if one is requested.

12.  Drive passengers to their destination by any other than the safest and most efficient route, unless requested to do so by the passenger.

13.  Operate any Pedicab or Quadricycle Vehicle while using a mobile communications device without a hands-free accessory as defined in ORS 811.507(1).

14.  Provide PFHT services after driving more than 12 hours in any given 24-hour period.

15.  Provide PFHT services without a valid City of Portland permit or certification.

16.  Violate Section 16.20.130.

17.  Failure to comply with any provision in this Subsection C. shall be a Class B violation subject to the penalties provided in Sections 16.40.930 through 16.40.950.

D.  Mandatory Compliance. Pedicab and Quadricycle Drivers 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.

1.  Failure to comply with this Subsection D. is a Class B violation subject to penalties provided in Sections 16.40.930 through 16.40.950.

E.  Driver Reporting. Every Pedicab or Quadricycle Driver shall report any of the following events to the Director and to all affiliated Pedicab or Quadricycle Companies within 24 hours of its occurrence:

1.  Any arrest, charge, or conviction of the driver for any criminal offense, or any traffic violation;

2.  Any arrest, charge, or conviction of the driver for any criminal offense involving theft, robbery, burglary, assault, sex crimes, drugs, or prostitution;

3.  Any vehicle crashes by completing and submitting the PBOT Vehicle Crash Report; and

4.  Any restriction, suspension, or revocation of the driver’s motor vehicle driver’s license.

5.  Failure to comply with any provision in Subsection E. is a Class C violation subject to penalties provided in Sections 16.40.930 through 16.40.950.