16.40.760 NEMT Vehicle Operating Requirements and Prohibitions.

City Code Section

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

A.  No vehicle shall operate as an NEMT Vehicle unless it has been certified by the Director and is affiliated with a permitted NEMT Company and properly displays a valid City of Portland permit.

B.  Vehicle Registration, Insurance, and Business License. A paper copy of the vehicle’s registration and proof of insurance shall be kept in every NEMT Vehicle, pursuant to ORS 806.011. In addition, the City requires proof of an NEMT Driver’s business license, when operating as an independent contractor, as required by Chapter 7.02, and shall be kept in every NEMT Vehicle.

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

C.  Identification of NEMT Vehicles. Every NEMT Vehicle shall meet the following identification requirements to operate as an NEMT Vehicle:

1.  Using numbers and lettering no less than 3 inches in height, every NEMT Vehicle must prominently display on both sides of the vehicle the following information:

a.  The full name of the NEMT Company;

b.  The company-assigned NEMT Vehicle number;

c.  The telephone number of the NEMT Company where services can be requested; and

2.  Upon successful completion of the NEMT Vehicle permit application process and payment of required fees as outlined in Chapter 16.40, the Director will issue a vehicle identification decal bearing the City Seal for each certified NEMT Vehicle.

3.  NEMT decals are valid for a period of no more than 12 months from the date of issuance, and all decals expire on the same day as the expiration of the affiliated NEMT Company permit. Fees for decals that are not issued contemporaneously with an NEMT Company permit will be prorated to equal the cost of the number of months remaining until the NEMT Company permit expires.

4.  NEMT decals must be affixed to the vehicle’s front and back window in a manner outlined by the Administrative Rule, Applying Permits and Decals.

5.  NEMT decals that are intentionally destroyed or damaged by an NEMT Company or NEMT Driver prior to renewal and without the City’s authorization are not subject to renewal.

6.  Voided NEMT Vehicle decals are not renewable in the year following their voidance. Once an NEMT Vehicle decal is voided, an NEMT Company may not renew that decal and instead must complete the initial application process if the NEMT Company seeks a decal for that NEMT Vehicle.

7.  NEMT Vehicle decals issued by the Director shall not be leased, sold, transferred, or assigned in any manner.

8.  NEMT Vehicle decals issued by the Director that are not returned to the City within 21 days upon revocation or upon a failure to renew are considered conversion of City property and is an actionable offense in a court of competent jurisdiction.

D.  Vehicle Operating Conditions. In determining whether an NEMT Vehicle meets the vehicle condition requirements, the vehicle shall at all times be maintained in good condition, repair, and appearance which includes the following:

1.  All NEMT Vehicle equipment and devices shall be properly equipped and maintained in good working order.

2.  At all times, NEMT Vehicles shall include the following properly functioning components: a horn, lights, (including turn signals, back-up signals and interior lights) windshield wipers, windshield washers, heating/air conditioning systems, odometer, speedometer and mufflers, tail pipes, or other exhaust components that prevent unnecessary noise and smoke emissions.

3.  The NEMT Vehicle body shall be free of major damage and broken or cracked equipment, including but not limited to, windows, lights, light covers, and reflectors.

4.  NEMT Vehicles shall be free of dirt, grease, grime, glue, or tape. This shall apply to the vehicle’s paint, upholstery, windows, floorboard, and integrated parts of the vehicle’s body.

5.  The NEMT Vehicle shall include no missing nor makeshift parts for vehicles, including but not limited to, fenders, hood, trunk lid, doors, door handles, windows, chrome or rubber strips, upholstery, ashtrays, or carpeting and may be equipped with studded tires only when allowed by Oregon Law.

6.  Safe condition shall require that the vehicle is in compliance with the standards contained in ORS Title 59, Oregon Vehicle Code, Chapters 801 through 823.

E.  Mandatory Compliance. NEMT Vehicles shall be made available for compliance audits and enforcement actions upon request by the Director or law enforcement officers pursuant to Chapter 16.40.

F.  Unless otherwise noted, failure to comply with any provision in Section 16.40.760 is Class B violation subject to penalties provided in Sections 16.40.930 to 16.40.950.