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16.40.780 NEMT Driver Conduct, Requirements and Prohibitions.

City Code Section
  1. A.  Transferring credentials. Transferring NEMT driver or NEMT vehicle credentials from one driver or vehicle to another is prohibited.
  2. B.  NEMT drivers must carry:
    1. 1.  A paper copy of NEMT company insurance pursuant to ORS 806.011 and a copy of the vehicle registration at all times while operating as an NEMT driver.
    2. 2.  A paper copy of the driver’s City business license, when operating as an independent contractor, as required by Chapter 7.02, for a City-issued driver permit, at all times while operating as an NEMT driver. Upon request of the City Administrator or law enforcement officer, NEMT drivers must present proof of a valid NEMT primary automobile insurance policy and vehicle registration.
    3. 3.  A valid state-issued driver’s license while operating as an NEMT driver.
    4. 4.  A valid, original, City driver permit. All licensed drivers must prominently post and display the NEMT permit in the NEMT vehicle while on duty.
    5. 5.  All required documents listed above must be available and presented at the time of any inspection, upon request.
    6. 6.  Failure to comply with this Subsection B. is a Class D violation subject to penalties provided in Sections 16.40.930 through 16.40.950.
  3. C.  Driver conduct. No NEMT driver may:
    1. 1.  Allow another person to use their NEMT driver certification.
    2. 2.  Drive or allow another person to drive an NEMT vehicle without a valid driver’s license, City driver permit, and company certification while the vehicle is being used to provide NEMT services.
    3. 3.  Operate any NEMT vehicle while consuming, or while under the influence of intoxicants, or in a careless or reckless manner or in a manner contrary to the laws of the City or the State of Oregon.
    4. 4.  Operate any NEMT vehicle if impaired by any legally prescribed or over-the-counter drugs or medications.
    5. 5.  Use a vehicle in the commission of any crime.
    6. 6.  Use or broadcast profane or obscene language offensive to the passenger or other community members while operating an NEMT vehicle.
    7. 7.  Consume any intoxicant, smoke any substance, or use any device that produces a smoke-like vapor while operating an NEMT vehicle;
    8. 8.  Allow any passenger to consume an intoxicant or smoke any substance, or use any device that produces a smoke-like vapor inside an NEMT vehicle.
    9. 9.  Defraud a passenger in any way.
    10. 10.  Be discourteous to a passenger.
    11. 11.  Refuse to issue a fully completed receipt, in digital or paper form, for a fare paid if one is requested.
    12. 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. 13.  Operate any NEMT vehicle while using a mobile communications device without a hands-free accessory as defined in ORS 811.507(1);
    14. 14.  Refuse to transport to a requested destination within Portland any passenger of proper demeanor whose request for service has been accepted by NEMT dispatch or NEMT driver.
    15. 15.  Provide NEMT services without a valid City permit or certification.
    16. 16.  Violate Section 16.20.130.
  4. D.  Maximum hours of driving. No person may provide PFHT services after driving more than 12 hours in any given 24-hour period.
  5. E.  Street-hails, taxi stands, and hotel zones.
    1. 1.  An NEMT driver must not accept street-hails.
    2. 2.  Other than for drop off, an NEMT driver may not park an NEMT Vehicle in a hotel zone prior to 15 minutes before pick up for a dispatch or request for service. The dispatch call/request for service must be documented and available for review by the City Administrator or law enforcement officer.
  6. F.  Mandatory compliance. NEMT drivers must submit to compliance audits and enforcement actions upon request by the City Administrator, any authorized City personnel, or law enforcement officers pursuant to Chapter 16.40.
  7. G.  Driver reporting. Every NEMT driver must report any of the following events to the City Administrator and to all affiliated NEMT companies within 24 hours of its occurrence:
    1. 1.  Any arrest, charge, or conviction of the driver for any criminal offense, or any traffic violation;
    2. 2.  Any arrest, charge, or conviction of the driver for any criminal offense involving theft, robbery, burglary, assault, sex crimes, drugs, or prostitution;
    3. 3.  Any vehicle crashes by completing and submitting the PBOT Vehicle Crash Report; and
    4. 4.  Any restriction, suspension, or revocation of the driver’s motor vehicle driver’s license.
  8. H.  Unless otherwise noted, failure to comply with any provision in Section 16.40.780 is a Class B violation subject to penalties provided in Sections 16.40.930 through 16.40.950.

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