Title 16 Vehicles and Traffic

1. 1.  A federal out of service orders has been issued.
2. 2.  Company is suspended by the State pursuant to ORS 825.137.

1. 1.  Does not own, lease, or drive a vehicle for-hire;
2. 2.  Has no financial interest in any PFHT company operating within the state of Oregon or Washington;
3. 3.  Has received and maintains a current, valid ASE Master Technician Certification or ASE A-Series certification between relevant areas of ASE A4-A8; and
4. 4.  Is not employed by any PFHT company.

1. 1.  A pedicab means a tricycle that:
   1. a.  Transports or is capable of transporting passengers on seats attached to the tricycle;
   2. b.  Is powered by a human; and
   3. c.  Is used for private for-hire service.
2. 2.  A quadricycle means a four-wheel peddle powered unit that:
   1. a.  Transports or is capable of transporting four or more passengers on seats attached to the quadricycle;
   2. b.  Is powered by human power or an electric motor assist; and
   3. c.  Is used as a PFHT service.

1. 1.  Fixed route (airporter) service. A service that begins or/ends at the Portland International Airport and provides scheduled service to approved locations, except when transporting large groups (e.g., convention groups) or when operating hotel or parking courtesy shuttles, hereinafter defined as “Airporter Shuttle.”
   1. a.  Standard airporter shuttle. Vehicle with a minimum capacity of five adult passengers and a maximum capacity of 14 passengers, and with the capacity to accommodate equivalent baggage.
   2. b.  Large airporter shuttle. Vehicle with a minimum capacity of 15 adult passengers (no maximum capacity), and with the capacity to accommodate equivalent baggage.
2. 2.  On demand/reservation service. A service provided by a van with a minimum capacity of five adult passengers and a maximum capacity of 14 passengers, and with the capacity to accommodate equivalent baggage. Consists of door-to-door and reserved service to any part of the City where primary destination is to and from the Portland International Airport, train station, or bus station.

1. 1.  A completed application on a form supplied by the City Administrator;
2. 2.  Proof of registration with the Secretary of State for any corporate, LLC, or LLP entity;
3. 3.  Proof of registration with the Secretary of State for any assumed business name, along with a listing of the registrant of such;
4. 4.  A list of all persons or entities with 10 percent or more stock ownership, if the company issues stock certificates;
5. 5.  If the applicant taxi company is individually owned, the name, business address (or home address), telephone number, and date of birth of the owner;
6. 6.  If the applicant taxi company is a corporation, partnership, or other business entity, the names, business addresses, telephone numbers, and date of birth of the person or persons vested with authority to manage or direct the affairs of the legal entity in Portland (Authorized Representative) or to bind the legal entity in dealings with third parties, and any other information that the City Administrator may reasonably require;
7. 7.  The applicant taxi company’s zero-tolerance drug and nondiscrimination policy;
8. 8.  The applicant taxi company's user terms of service, if applicable;
9. 9.  The applicant taxi company’s dispatch contact information, confirmation that dispatch is available 24 hours, seven days a week and, if applicable, taxi dispatch app general use information;
10. 10.  Contact information of the taxi company’s agent of service and customer service support;
11. 11.  A description and photo or rendering of the branding that the applicant taxi company proposes to use for its fleet of affiliated taxi vehicles;
12. 12.  Company-proposed fare rates, and;
13. 13.  A nonrefundable application fee.
14. 14.  All fines and penalties must be paid prior to issuing or reissuing a taxi company permit.

1. 1.  The taxi company applicant fails to submit all required information and documentation, including valid proof of insurance;
2. 2.  The taxi company applicant provides dispatch services to anyone other than affiliated taxi drivers meeting the requirements set forth in Chapter 16.40 without prior approval by the City Administrator;
3. 3.  The taxi company applicant leases, permits, or otherwise allows other entities not affiliated with the taxi company and certified by the City Administrator to operate taxi services;
4. 4.  The taxi company applicant affiliates with and provides dispatch services to drivers operating vehicles without taxi vehicle certification by the City Administrator.
5. 5.  The application has a material misstatement or omission, and;
6. 6.  The taxi company application is incomplete.

1. 1.  Criminal and driver background checks;
2. 2.  A valid driver’s license;
3. 3.  Taxi driver business license number (unless the driver operates the vehicle as an employee of the company); and
4. 4.  Successful completion of all City Administrator-approved driver training and testing within 30 days of providing taxi Service, and successful completion of any additional training and testing must be completed within 30 days of release by the City Administrator.

1. 1.  Vehicle ASE mechanic safety inspection;
2. 2.  Vehicle registration and licensing;
3. 3.  Vehicle properly equipped and in good condition; and
4. 4.  Commercial automobile liability insurance.

1. 1.  Combined single limit of not less than $500,000 per occurrence for claims arising out of, but not limited to, bodily injury and property damage incurred from the business use of any scheduled, non-owned, and hired automobile in the course of the vehicle’s use as a PFHT vehicle.

1. 1.  Independent contractors/owner-operators. If an independent contractor/owner-operator relationship exists with a permit holder, and the independent contractors/owner-operators provide services under the permit holder’s permit, then the permit holder and the City require the same insurance coverage and limits and conditions as outlined in Subsections 16.40.130 D. through H. The same certificate of liability and additional insured endorsement requirements will apply.
2. 2.  Alternatives to insurance, such as self-insurance, may occur only if the level of coverage and the terms, conditions, and obligations meet the same or higher requirements as found in Subsections 16.40.130 D. through H., and only if the public safety and well-being will not be endangered. The adequacy of proposed alternative insurance coverage must be approved by the City Attorney’s Office before such alternative insurance may become effective.

1. 1.  A dispatch system in operation 24 hours each day capable of providing reasonably prompt service in response to requests. It is a rebuttable presumption that any time beyond 30 minutes from the time the passenger requests service is unreasonable.
2. 2.  Acceptance of any request for taxi service received from any location within the City including requests made by persons with disabilities and requests for wheelchair-accessible service pursuant to Section 16.40.190. It is a rebuttable presumption that any time beyond 30 minutes is unreasonable.
3. 3.  Service citywide, 24 hours a day, seven days a week.
4. 4.  A minimum fleet of 15 taxi vehicles.

1. 1.  Zero tolerance for drug and alcohol use and discrimination. All permitted companies must employ at all times a zero-tolerance policy for intoxicants.
2. 2.  Zero tolerance for discrimination. All permitted companies must 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 City Administrator for approval. Any changes to the policy must be submitted to and approved by the City Administrator prior to implementation.

1. 1.  The number and type of crimes against drivers to the extent known;
2. 2.  The arrest or conviction for any criminal offense of any affiliated taxi driver;
3. 3.  The filing of any lawsuit against or on behalf of the taxi company related to the operation of the company and its services in Portland;
4. 4.  The initiation of bankruptcy proceedings or corporate or partnership dissolution by the company; and
5. 5.  Any information required to be disclosed by Chapter 16.40 that comes to the attention of the taxi company.

1. 1.  Any permitted taxi company must provide relevant anonymized data to the City no later than the five business days after the last day of the previous month. Examples of relevant data may include, but are not limited to, the following:
   1. a.  Unique transaction ID number that corresponds with the passenger’s receipt;
   2. b.  Number, date, and time of fulfilled trips;
   3. c.  Trip wait time:
   4. d.  Number, date, and time of unfulfilled requests (rides the company was unable to fulfill);
   5. e.  Number, date, and time of trips declined by the driver or the company (rides declined by drivers);
   6. f.  Number of canceled rides (rides canceled by the customer);
   7. g.  Trip origin GPS, latitude and longitude; and
   8. h.  Trip destination GPS, latitude and longitude.
2. 2.  The data collected by the City will be, except as otherwise required by law, kept confidential by the City, used only within the City, and not disclosed to third parties, in accordance with any applicable data-sharing agreement.
3. 3.  In the event that disclosure of such data is required by law, the City will provide taxi companies notice prior to any disclosure of such data.
4. 4.  Upon request, the taxi company must provide data identified by the City Administrator to verify compliance with requirements pursuant to Chapter 16.40.
5. 5.  Failure to report any ride data as described in Subsection 16.40.910 E.1. is a Class B violation.

1. 1.  Digital security cameras are required in every permitted taxicab, or secure digital records with contact information from the passenger must be maintained by the taxi company. Taxi companies own the cameras or secure digital records and are responsible for their maintenance and the records produced by them.
2. 2.  Taxi companies must perform inspection and testing of the cameras according to the recommended product specifications, requirements, and schedule.
3. 3.  No taxi driver may tamper with, damage, disturb, remove, or disable a digital security camera system in a taxicab or any digital records maintained by the taxi company.
4. 4.  Taxi drivers must utilize the digital security camera and immediately notify the taxi company if a digital security camera system is or appears to be damaged, stolen, or inoperable. When a digital security camera is utilized, signage must be visible to passengers within the taxi vehicle that states the following: YOU ARE ON CAMERA. IT IS A FELONY IN OREGON TO ASSAULT A TAXICAB DRIVER.
5. 5.  If any law enforcement officer requests access to any record necessary to assist in the investigation of any crime after following the appropriate legal process, the taxi company must respond to the request within 24 hours and promptly disclose records pursuant to the investigation request.
6. 6.  No taxi company or driver may allow any person to intentionally access any records produced by the digital security camera or record systems.
7. 7.  The taxi company must notify the City of a known data security breach in the same manner as provided in ORS 646A.600 to ORS 646A.628.

1. 1.  Taxi companies will be required to keep documentation of all certified taxi drivers and taxi vehicles. Such records must be kept on file during the term of the taxi company permit and for two calendar years after the expiration of such permit. Upon request or subpoena, taxi company records must be provided to the City Administrator and/or law enforcement officers.
2. 2.  Taxi companies must submit to compliance audits and enforcement actions upon request by the City Administrator or law enforcement officers pursuant to Chapter 16.40.

1. 1.  Is more than one year old, based on model year;
2. 2.  Has 10,000 miles or more on its odometer; or
3. 3.  Has the “check engine” light illuminated, regardless of model year or mileage.

1. 1.  Be kept in safe condition and good;
2. 2.  Be kept clean and in good appearance;
3. 3.  Be properly equipped, including but not limited to carrying a hands-free accessory for mobile devices, a standard first aid kit, and fire extinguisher; and
4. 4.  Meet State of Oregon Department of Environmental Quality motor vehicle emissions standards established for Portland Metro.
5. 5.  Failure to comply with any provision in this Subsection H. is a Class D violation subject to penalties provided in Sections 16.40.930 through 16.40.950.

1. 1.  Only vehicles with City-issued taxiplates may be equipped with a top light or taximeter, and only those vehicles may use the words “taxi,” “cab,” or “taxicab” anywhere on the vehicle.
2. 2.  Every taxi vehicle affiliated with a taxi company must have a design scheme with the unique symbol or logo of that affiliated taxi company in a manner that clearly identifies the taxi company, as approved by the City Administrator.
3. 3.  Every taxi vehicle must prominently display on both sides of the vehicle the following information:
   1. a.  The full name of the taxi company;
   2. b.  The company-assigned taxi vehicle number;
   3. c.  The telephone number of the taxi company where services can be requested; and
   4. d.  Word “taxi,” “cab,” or “taxicab.”

1. 1.  Every taximeter must be inspected by a certified taximeter installer and certified at installation, at change in rate, and within one year of the last inspection. A certificate of inspection must be issued by a qualified taximeter repair service upon each inspection. A copy of the certificate of inspection must remain in the taxicab and must include the following:
   1. a.  The identifying number of the taximeter;
   2. b.  The make, model, and license number of the taxi vehicle in which the taximeter is installed;
   3. c.  The name of the taxicab company;
   4. d.  The date of inspection, and;
   5. e.  A statement that the taximeter has been inspected and approved as operating within the acceptable limits and rates as specified by the City Administrator and on file with the company.
2. 2.  Taxi companies must keep on file copies of all certificates of inspection until the taximeter is recalibrated and the certificate is no longer accurate.
3. 3.  Taximeters must operate within the following limits of accuracy: Plus or minus 50 feet in one mile and one second in one minute of waiting time.
4. 4.  All taximeters must be approved by the National Type Evaluation Program (NTEP) as evidenced by a Certificate of Conformance issued by an authorized inspector. All taximeters must have an active NTEP Certificate of Conformance number.
5. 5.  Certificates of inspection may be examined or a taximeter re-inspected by the City Administrator or law enforcement officers at any time during normal business hours.

1. 1.  All taxi vehicle equipment and devices must be properly equipped and maintained in good working order.
2. 2.  At all times, taxi vehicles must include the following properly functioning components: a horn, lights, (including turn signals, back-up signals) windshield wipers; windshield washers; interior/dome lights; taximeter; top light; heating/air conditioning systems; odometer; speedometer; and mufflers, tail pipes, or other exhaust components that prevent unnecessary noise and smoke emissions.
3. 3.  The taxi vehicle body must be free of major damage and broken or cracked equipment, including but not limited to, windows, lights, light covers, top light, and reflectors.
4. 4.  Taxi vehicles must be free of dirt, grease, grime, glue, or tape. This applies to the vehicle’s paint, upholstery, windows, floorboard, and integrated parts of the vehicle’s body.
5. 5.  The taxi vehicle may include no missing or 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 only be equipped with studded tires during time periods provided by Oregon law.
6. 6.  The vehicle must comply with the standards contained in ORS Title 59, Oregon Vehicle Code, Chapters 801 through 823.

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.

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, 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 convictions 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, within 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.  Upon application submittal, all applicants must demonstrate maintaining a valid license to drive in any US jurisdiction for at least 365 days, within the 18-month period preceding the application submittal date.
10. 10.  The applicant is less than 21 years old.
11. 11.  The applicant is unable to obtain car insurance for any reason.

1. 1.  A nondigital copy of taxi company insurance pursuant to ORS 806.011 and a nondigital copy of the vehicle registration;
2. 2.  A nondigital copy of the driver’s City business license as required by Portland City Code Chapter 7.02;
3. 3.  A valid state-issued driver’s license; and
4. 4.  A valid, original, City driver permit. All licensed drivers must prominently post and display the taxi permit in the taxicab 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.

1. 1.  Allow another person to use their taxi driver certification;
2. 2.  Drive or allow another person to drive a taxi vehicle without a valid driver’s license, driver permit, and company certification while the vehicle is being used to provide taxi services;
3. 3.  Operate any taxi 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 PFHT 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 persons while operating a PFHT vehicle;
7. 7.  Consume any intoxicant, smoke any substance or use any device that produces a smoke-like vapor while operating a taxi 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 a taxi 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 route other than the safest and efficient route, unless requested to do so by the passenger;
13. 13.  Operate any taxi 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 the taxi dispatch or taxi driver; and
15. 15.  Provide PFHT services without a valid City permit or certification.
16. 16.  Violate Section 16.20.130.

1. 1.  A taxi driver may accept street-hails in all locations including the following locations: taxi stands, hotel zones, and loading/unloading zones.
2. 2.  Other than for drop off, a taxi driver may not park a taxi 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 in accordance with Section 16.40.140 and available for review by the City Administrator or law enforcement officer.
3. 3.  Failure to comply with this Subsection E. is a Class D violation subject to penalties provided in Sections 16.40.930 through 16.40.950.

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.

1. 1.  Taxi companies must maintain at all times dispatch services available to customers in accordance to W3C guidelines and ADA Section 503 requirements pertaining to hearing and visual accessibility.
2. 2.  Taxi companies must maintain customer service support services pursuant to Subsection 16.40.140 H. in accordance to W3C guidelines and ADA Section 503 requirements pertaining to hearing and visual accessibility.

1. 1.  Taxi companies must reasonably accommodate passengers with canes, walkers, or other mobility devices that can readily fit within a non-wheelchair-accessible taxi vehicle.
2. 2.  Taxi companies are required to provide wheelchair-accessible vehicle service within a reasonable time by maintaining a fleet of affiliated wheelchair-accessible (WAV) taxi vehicles, contracting with a permitted operator of wheelchair-accessible PFHT vehicles or a combination thereof. It is a rebuttable presumption that any time beyond 30 minutes is unreasonable.
3. 3.  Fare rates for WAVs may not exceed fare rates for comparable non-wheelchair-accessible taxi vehicles and are not subject to dynamic pricing.
4. 4.  WAV services must comply with the City’s administrative rules and with the WAV Service Performance Guidelines established by the PFHT Advisory Committee and the Portland Commission on Disability.
5. 5.  Any permitted taxi company must enter into an agreement with the City to regularly provide aggregated and anonymized data relevant to WAV service. Examples of relevant data may include, but not be limited to, the following:
   1. a.  Number, date, and time of fulfilled WAV trips;
   2. b.  WAV trip wait time;
   3. c.  Number, date, and time of WAV trips declined by the driver or the company;
   4. d.  WAV trip origin GPS, latitude and longitude; and
   5. e.  WAV trip destination GPS, latitude and longitude.
6. 6.  The City Administrator may implement an accessible transportation fee and establish an Accessible Transportation Fund for the purpose of meeting the objectives established in administrative rule for accessible service.
   1. a.  The accessible transportation fee rate will be established by the PFHT Advisory Committee in consultation with the Portland Commission on Disability for the purpose of funding the Accessible Transportation Fund.
   2. b.  The Accessible Transportation Fund will be managed by the City Administrator for the purposes of providing an incentive for PFHT WAV service in keeping with WAV service performance guidelines and mitigating the higher costs of providing WAV service compared to comparable non-WAV service. A detailed report on the status and performance of the Accessible Transportation Fund and citywide WAV service provided by all permitted PFHT operators will be presented to the PFHT Advisory Committee annually.

1. 1.  A completed application on a form supplied by the City Administrator;
2. 2.  Proof of registration with the Secretary of State for any corporate, LLC, or LLP entity;
3. 3.  Proof of registration with the Secretary of State for any assumed business name, along with a listing of the registrant of such;
4. 4.  A list of all persons or entities with more than 10 percent stock ownership if the company issues stock certificates;
5. 5.  If the applicant TNC is individually owned, the name, business address (or home address if no business address), telephone number, and date of birth of the owner;
6. 6.  If the applicant TNC is a corporation, partnership, or other business entity, the names, business addresses, telephone numbers, and date of birth of the person or persons vested with authority to manage or direct the affairs of the legal entity in Portland (authorized representative) or to bind the legal entity in dealings with third parties, and any other information that the City Administrator may reasonably require;
7. 7.  The applicant TNC’s zero-tolerance drug and nondiscrimination policy;
8. 8.  The applicant TNC’s user terms of service;
9. 9.  TNC app description with general use information and customer instructions for requesting a wheelchair-accessible vehicle;
10. 10.  Contact information of the TNC’s agent of service and customer service support;
11. 11.  The trade dress the applicant TNC proposes to use for each affiliated driver’s vehicle, with a photo of the trade dress submitted with the application; and
12. 12.  A nonrefundable application fee.
13. 13.  All fines and penalties must be paid prior to PBOT issuing or reissuing a TNC permit.

1. 1.  The TNC applicant fails to submit all required information and documentation, including valid proof of insurance;
2. 2.  The TNC applicant provides TNC app services to anyone other than TNC Drivers meeting the requirements set forth in Chapter 16.40;
3. 3.  The TNC applicant leases, permits, or otherwise allows other entities not affiliated with the TNC and certified by the City Administrator to operate TNC services;
4. 4.  The TNC applicant affiliates with and provides a TNC App to drivers operating vehicles without a TNC Vehicle certification;
5. 5.  The application has a material misstatement or omission; and
6. 6.  The TNC application is incomplete.

1. 1.  Criminal and driver background checks;
2. 2.  Personal automobile liability insurance for independent contractors;
3. 3.  A valid driver’s license;
4. 4.  TNC driver business license number; and
5. 5.  Successful completion of all City Administrator-approved driver training and testing within 30 days of providing TNC Service, and successful completion of any additional training and testing must be completed within 30 days of release by the City.

1. 1.  Vehicle ASE safety inspection;
2. 2.  Vehicle registration and licensing;
3. 3.  Vehicle properly equipped and in good condition;
4. 4.  Commercial automobile liability insurance; and
5. 5.  Personal automobile liability insurance, as required by state law.

1. 1.  Period 1: The TNC driver has logged into the app. The app is open and the driver is waiting for a match.
2. 2.  Period 2: A passenger match has been accepted – the passenger is not yet picked up (i.e., the driver is on their way to pick up the passenger).
3. 3.  Period 3: The passenger is in the vehicle and until the passenger exits the vehicle at the destination.

1. 1.  Primary insurance coverage during period 1 with minimum liability limits of $50,000 per person for death and injury, $100,000 per incident for death and injury and $25,000 for property damage, plus any other state compulsory coverage to the extent required by law. Coverage is to be maintained by the TNC.
2. 2.  Primary insurance coverage during periods 2 and 3 with minimum liability limits of $1 million in combined single limit coverage for death, personal injury, and property damage per incident; and $1 million in combined single limit under/uninsured motorist coverage for death, personal injury, and property damage per incident. Coverage is to be maintained by the TNC.
3. 3.  The required automobile liability policy must specifically recognize the driver’s provision of TNC services or other for hire transportation and must comply with the mandatory laws of the State of Oregon and/or other applicable governing bodies.

1. 1.  A TNC may not require or encourage a TNC driver to secure a primary personal automobile insurance policy providing coverage for TNC activities as a condition to becoming affiliated on the TNC’s digital network, nor may a TNC provide any incentive to any TNC driver who secures a primary personal automobile insurance policy providing coverage for TNC activities in periods as defined in Subsection 16.40.230 G.
2. 2.  A TNC must disclose in writing to affiliated TNC drivers that drivers are not required to purchase or maintain an insurance policy that provides coverage for TNC activities in any periods as defined in Subsection 16.40.230 G. as a condition of providing TNC services on behalf of an affiliated TNC. Additionally, a TNC must disclose in writing to affiliated TNC drivers that securing such a policy will not result in any material benefit or incentive of any kind provided by the affiliated TNC to the TNC driver. A TNC must disclose in writing to affiliated TNC Drivers that insurance maintained by the TNC pursuant to Section 16.40.230 does not include collision coverage for affiliated TNC drivers, unless the policy secured and maintained by the TNC expressly states otherwise.
3. 3.  A TNC must disclose in writing to affiliated TNC drivers the insurance coverage, including the types of coverage and limits for each coverage that the TNC provides while the affiliated TNC driver uses an affiliated TNC Vehicle to provide TNC services. The TNC must also advise affiliated TNC drivers in writing that the driver’s personal automobile insurance policies may be subject to cancellation in accordance to ORS 742.562 or might not provide coverage because the driver uses a vehicle in connection with an affiliated TNC, as specified by the terms of the policy. A TNC must provide written disclosure to the affiliated TNC driver that coverage required pursuant to Subsection 16.40.230 G. must be provided by the affiliated TNC on a primary basis from the first dollar of every claim, unless a policy secured and maintained by a TNC driver expressly states otherwise.
4. 4.  A TNC driver is not prohibited from voluntarily securing a primary automobile insurance policy covering the TNC vehicle and providing coverage in any period as defined in Subsection 16.40.230 G. A TNC driver’s or the TNC vehicle owner’s personal automobile insurance policy may only provide coverage during periods as defined by Section 16.40.230 to the driver, vehicle owner, or any third party, if the policy expressly provides coverage for TNC activities during periods defined by Section 16.40.230 as specified by the terms of the policy.

1. 1.  A TNC app in operation 24 hours each day capable of providing reasonably prompt service in response to requests. It is a rebuttable presumption that any time beyond 30 minutes from the moment the passenger requests a ride using the TNC application, is unreasonable.
2. 2.  Acceptance of any request for TNC service received from any location within the City including requests made by persons with disabilities and requests for wheelchair-accessible service pursuant to Section 16.40.290.
3. 3.  The TNC app used to connect drivers to riders must display an accurate picture of the TNC driver and a picture or description of the type of TNC vehicle, as well as the license plate number of the TNC vehicle.

1. 1.  Zero tolerance for drug and alcohol use and discrimination. All permitted companies must employ at all times a zero-tolerance policy for intoxicants.
2. 2.  Zero tolerance for discrimination. All permitted companies must 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 City Administrator for approval. Any changes to the policy must be submitted to and approved by the City Administrator prior to implementation.

1. 1.  TNCs must use an online-enabled or mobile software-based application to determine fares for TNC services.
2. 2.  All TNC fare rates must be made available in a clear and transparent way to the TNC passenger on the TNC app prior to the TNC passenger accepting a ride.

1. 1.  The number and type of crimes committed against drivers to the extent known;
2. 2.  Any arrest, charge, or conviction of the driver for any criminal offense involving theft, robbery, burglary, assault, sex crimes, drugs, or prostitution; and any restriction, suspension or revocation of the driver’s motor vehicle driver’s license arrest or conviction for any criminal offense of any affiliated TNC driver involving the operation of TNC service in Portland;
3. 3.  The filing of any lawsuit against or on behalf of the TNC related to the TNC services of the affiliated TNC, TNC driver, or TNC Vehicle in Portland;
4. 4.  The initiation of bankruptcy proceedings or corporate or partnership dissolution by the company, and;
5. 5.  Any information required to be disclosed by Chapter 16.40 that comes to the attention of the TNC.

1. 1.  TNCs must provide relevant anonymized data to the City no later than the five business days after the last day of the previous month pursuant to applicable data sharing agreement. Examples of relevant data may include, but are not limited to, the following:
   1. a.  Unique transaction ID number that corresponds with the passenger’s receipt;
   2. b.  Number, date, and time of fulfilled trips;
   3. c.  Trip wait time;
   4. d.  Number, date, and time of unfulfilled requests (rides the company was unable to fulfill);
   5. e.  Number, date, and time of trips declined by the driver or the company (rides declined by drivers);
   6. f.  Number of canceled rides (rides canceled by the customer);
   7. g.  Trip origin GPS, latitude and longitude; and
   8. h.  Trip destination GPS, latitude and longitude.Trip destination GPS, latitude and longitude.
2. 2.  TNCs must submit data, pursuant to a data sharing agreement with the City and permitted companies.
3. 3.  The data collected by the City will be, except as otherwise required by law, kept confidential by the City, used only within the City and not disclosed to third parties.
4. 4.  In the event disclosure of such data is required by law, the City will provide TNCs notice prior to any disclosure of such data.
5. 5.  Upon request, the TNC must provide data identified by the City Administrator to verify compliance with requirements pursuant to Chapter 16.40.

1. 1.  Secure digital records with contact information from the TNC driver and passenger must be maintained by the TNC. TNCs own the secure digital records and are responsible for their maintenance and the records produced by them;
2. 2.  If any law enforcement officer requests access to any record necessary to assist in the investigation of any crime after following appropriate legal process, the TNC must respond to the request within 24 hours and promptly disclose records pursuant to the investigation request;
3. 3.  No TNC or driver may allow any unauthorized person to intentionally access any records produced by the digital record systems; and
4. 4.  The TNC must notify the City of a known data security breach in the same manner as provided in ORS 646A.600 to ORS 646A.628.

1. 1.  TNCs will be required to keep documentation of all certified TNC drivers and TNC vehicles. Such records must be kept on file during the term of the TNC permit and for two calendar years after the expiration of such permit. Upon request or subpoena, TNC records must be provided to the City Administrator and/or law enforcement officers.
2. 2.  TNCs 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.

1. 1.  The TNC may not “on-board” a vehicle unless the designated trade dress includes a visible Portland business license identification number specific to each TNC Driver.
2. 2.  No TNC vehicle may display the words “taxi,” “taxi cab,” or “cab,” display a top light, employ a taxi-meter, have a taxiplate, or otherwise attempt to appear as a taxi.

1. 1.  Is more than one year old, based on model year;
2. 2.  Has 10,000 miles or more on its odometer; or
3. 3.  Has the “check engine” light illuminated, regardless of model year or mileage.

1. 1.  Each TNC vehicle must:
   1. a.  Be kept in safe condition and condition;
   2. b.  Be kept clean and in good appearance;
   3. c.  Be properly equipped, including but not limited to carrying a hands-free accessory for mobile devices, a standard first aid kit, and fire extinguisher; and
   4. d.  Meet State of Oregon Department of Environmental Quality motor vehicle emissions standards established for the Portland Metro.
   5. e.  Failure to comply with any provision in this Subsection I. is a Class D violation subject to penalties provided in Sections 16.40.930 through 16.40.950.

1. 1.  All TNC vehicle equipment and devices must be properly equipped and maintained in good working order;
2. 2.  At all times, TNC vehicles must include the following properly functioning components: a horn, lights, (including turn signals, back-up signals) windshield wipers, windshield washers, interior/dome lights, heating/air conditioning systems, odometer, speedometer and mufflers, tail pipes, or other exhaust components that prevent unnecessary noise and smoke emissions;
3. 3.  The TNC vehicle body must be free of major damage and broken or cracked equipment, including but not limited to, windows, lights, light covers, and reflectors;
4. 4.  The TNC vehicle must be free of dirt, grease, grime, glue, rips, stains, or tape. This applies to the vehicle’s paint, upholstery, windows, floorboard, and integrated parts of the vehicle’s body;
5. 5.  The TNC vehicle may not include missing or 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 only be equipped with studded tires during time periods allowed by Oregon Law; and
6. 6.  The vehicle must comply with the standards contained in ORS Title 59, Oregon Vehicle Code, Chapters 801 through 823.

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 record laws of each state, and
3. 3.  The National Sex Offender Public Registry.

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, 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, within 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.  Upon application submittal, all applicants must demonstrate maintaining a valid license to drive in any US jurisdiction for at least 365 days, within the 18-month period preceding the application submittal date.
10. 10.  The applicant is less than 21 years old.
11. 11.  The applicant is unable to obtain car insurance for any reason.

1. 1.  A nondigital copy of TNC insurance pursuant to ORS 806.011 and a nondigital copy of the vehicle registration at all times while operating as a TNC driver. Upon request of the City Administrator or law enforcement officer, TNC drivers must present proof of a valid TNC primary automobile insurance policy and vehicle registration.
2. 2.  A nondigital copy of the TNC driver’s personal automobile insurance.
3. 3.  A nondigital copy of the driver’s City business license as required by Chapter 7.02 always while operating as a TNC driver.
4. 4.  A valid state issued driver’s license while operating as a TNC driver.
5. 5.  A valid, original, City driver permit. All licensed drivers must prominently post and display the permit in the vehicle while on duty.
6. 6.  All required documents listed above must be available and presented at the time of any inspection, upon request.
7. 7.  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.

1. 1.  Allow another person to use their TNC driver certification;
2. 2.  Drive or allow another person to drive a TNC vehicle without completing the certification process through the affiliated TNC;
3. 3.  Operate any TNC 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 PFHT 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 persons while operating a PFHT vehicle;
7. 7.  Consume any intoxicant, smoke any substance, or use any device that produces a smoke-like vapor while operating a TNC 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 a TNC vehicle;
9. 9.  Defraud a passenger in any way;
10. 10.  Be discourteous to a passenger;
11. 11.  Drive passengers to their destination by any other than the safest and most efficient route, unless requested to do so by the passenger;
12. 12.  Operate any TNC vehicle while using a mobile communications device without a hands-free accessory as defined in ORS 811.507(1);
13. 13.  Refuse to transport to a requested destination within Portland any passenger of proper demeanor whose request for service has been accepted on the TNC app, and;
14. 14.  Provide PFHT services without a valid City permit or certification.
15. 15.  Violate Section 16.20.130.
16. 16.  Transport a passenger in a TNC vehicle unless the TNC driver is active on and has accepted the passenger’s trip request through the TNC application.

1. 1.  A TNC driver may accept rides only booked through an affiliated TNC app and may not solicit or accept street-hails or stop in any City-approved taxi zones, and;
2. 2.  A TNC driver may not park a TNC vehicle in a taxi zone or loading/unloading zone.

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.

1. 1.  Requests for service from a passenger accompanied by a service animal may not be refused.

1. 1.  TNCs must maintain at all times mobile apps or online dispatch services available to customers in accordance to W3C guidelines and ADA Section 503 requirements pertaining to hearing and visual accessibility.
2. 2.  TNCs must maintain customer service support services pursuant to Subsection 16.40.240 H. in accordance to W3C guidelines and ADA Section 503 requirements pertaining to hearing and visual accessibility.

1. 1.  TNCs must reasonably accommodate passengers with canes, walkers, or other mobility devices that can readily fit within a non-wheelchair-accessible TNC Vehicle.
2. 2.  TNCs must maintain at all times mobile apps or online dispatch services available to customers that request a wheelchair-accessible vehicle (WAV).
3. 3.  TNC vehicles are required to provide WAV service within a reasonable time by maintaining a fleet of affiliated wheelchair-accessible TNC vehicles, contracting with a permitted operator of wheelchair-accessible PFHT vehicles, or a combination thereof. It is a rebuttable presumption that any time beyond 30 minutes is unreasonable.
4. 4.  Fare rates for WAVs may not exceed fare rates for comparable non-WAV TNC Vehicles, be reported to the City Administrator and are not subject to dynamic pricing.
5. 5.  WAV services must comply with the City’s administrative rules and with the WAV Service Performance Guidelines, established by the PFHT Advisory Committee and the Portland Commission on Disability.
6. 6.  Any permitted TNC must enter into any applicable agreement with the City to regularly provide anonymized data relevant to WAV service. Examples of relevant data may include, but not be limited to, the following:
   1. a.  Number, date, and time of fulfilled WAV trips;
   2. b.  WAV trip wait time;
   3. c.  Number, date, and time of WAV trips declined by the driver or the company;
   4. d.  WAV trip origin GPS, latitude and longitude; and
   5. e.  WAV trip destination GPS, latitude and longitude.
7. 7.  The City Administrator may implement an accessible transportation fee and establish an Accessible Transportation Fund for the purpose of meeting the objectives established in administrative rule for accessible service.
   1. a.  The accessible transportation fee rate will be established by the PFHT Advisory Committee in consultation with the Portland Commission on Disability for the purpose of funding the Accessible Transportation Fund.
   2. b.  The Accessible Transportation Fund will be managed by the City Administrator for the purposes of providing an incentive for PFHT WAV service in keeping with WAV Service Performance Guidelines and mitigating the higher costs of providing WAV service compared to commensurate non-WAV service. A detailed report on the status and performance of the Accessible Transportation Fund and citywide WAV service provided by all permitted PFHT operators will be presented to the PFHT Advisory Committee annually.

1. 1.  A completed application on a form supplied by the City Administrator;
2. 2.  Proof of registration with the Secretary of State for any corporate, LLC, or LLP entity;
3. 3.  Proof of registration with the Secretary of State for any assumed business name, along with a listing of the registrant of such;
4. 4.  A list of all persons or entities with more than 10 percent stock ownership if the company issues stock certificates;
5. 5.  If the applicant executive town car company is individually owned, the name, business address (or home address if no business address), telephone number, and date of birth of the owner;
6. 6.  If the applicant executive town car company is a corporation, partnership, or other business entity, the names, business addresses, telephone numbers, and date of birth of the person or persons vested with authority to manage or direct the affairs of the legal entity in Portland (“Authorized Representative”) or to bind the legal entity in dealings with third parties, and any other information that the City Administrator may reasonably require;
7. 7.  The applicant executive town car company’s zero-tolerance drug and nondiscrimination policy;
8. 8.  The applicant executive town car company’s user terms of service;
9. 9.  The applicant dispatch or passenger reservation contact information;
10. 10.  Contact information of the executive town car company’s agent of service and customer service support;
11. 11.  Fare rates must be provided to and approved by the City Administrator prior to implementation; and
12. 12.  A nonrefundable application fee.

1. 1.  The executive town car company applicant fails to submit all required information and documentation, including valid proof of insurance;
2. 2.  The executive town car company applicant leases, permits, or otherwise allows other entities not affiliated with the executive town car company and certified by the City Administrator to operate executive town car services;
3. 3.  The application has a material misstatement or omission; and
4. 4.  The executive town car company application is incomplete.

1. 1.  Criminal and driver background checks;
2. 2.  Valid driver’s license; and
3. 3.  Successful completion of all City Administrator-approved driver training and testing within 30 days of providing executive town car Service, and successful completion of any additional training and testing must be completed within 30 days of release by the City Administrator.

1. 1.  Vehicle ASE safety inspection;
2. 2.  Vehicle registration and licensing;
3. 3.  Vehicle properly equipped and in good condition; and
4. 4.  Executive town car company general and automobile liability insurance.

1. 1.  Combined single limit of not less than $500,000 per occurrence for claims arising out of, but not limited to, bodily injury and property damage incurred from the business use of any scheduled, non-owned, and hired automobile in the course of the vehicle’s use as a PFHT vehicle.

1. 1.  Independent contractors/owner-operators. If an independent contractor/owner-operator relationship exists with a permit holder and the independent contractors/owner-operators provide services under the permit holder’s permit, then the permit holder and the City require the same insurance coverage and limits and conditions as outlined in Subsections 16.40.330 F. through H. The same certificate of liability and additional insured endorsement requirements will apply.
2. 2.  Alternatives to insurance, such as self-insurance, may occur only if the level of coverage and the terms, conditions, and obligations meet the same or higher requirements as found in Subsections 16.40.330 F. through H., and only if the public safety and well-being will not be endangered. The adequacy of proposed alternative insurance coverage must be approved by the City Attorney’s Office before such alternative insurance may become effective.

1. 1.  Zero tolerance for drug and alcohol use and discrimination. All permitted companies must employ at all times a zero-tolerance policy for intoxicants.
2. 2.  Zero tolerance for discrimination. All permitted companies must 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 City Administrator for approval. Any changes to the policy must be submitted to and approved by the City Administrator prior to implementation.

1. 1.  Report the number and type of crimes against drivers to the extent known;
2. 2.  The arrest or conviction for any criminal offense of any affiliated executive town car driver;
3. 3.  The filing of any lawsuit against or on behalf of the executive town car company related to the operation of the company and its services in Portland;
4. 4.  The initiation of bankruptcy proceedings or corporate or partnership dissolution by the company; and
5. 5.  Any information required to be disclosed by Chapter 16.40 that comes to the attention of the executive town car company.

1. 1.  Executive town car companies will be required to keep documentation of all certified executive town car drivers and executive town car vehicles. Such records must be kept on file during the term of the executive town car company permit and for two calendar years after the expiration of such permit. Upon request or subpoena, executive town car company records must be provided to the City Administrator and/or law enforcement officers.
2. 2.  Executive town car companies 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.

1. 1.  Is more than one year old, based on model year;
2. 2.  Has 10,000 miles or more on its odometer; or
3. 3.  Has the “check engine” light illuminated, regardless of model year or mileage.

1. 1.  Be kept in safe condition and condition;
2. 2.  Be kept clean and in good appearance;
3. 3.  Be properly equipped, including but not limited to carrying a hands-free accessory for mobile devices, a standard first aid kit, and fire extinguisher; and
4. 4.  Meet State of Oregon Department of Environmental Quality motor vehicle emissions standards established for Portland Metro.
5. 5.  Failure to comply with any provision in Subsection H. is a Class D violation subject to penalties provided in Sections 16.40.930 through 16.40.950.

1. 1.  Upon successful completion of the executive town car company permit application process and payment of required fees as outlined in Chapter 16.40, the City Administrator will issue a vehicle identification decal bearing the City Seal for each certified executive town car vehicle.
2. 2.  Executive town car 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 executive town car company permit. Fees for decals that are not issued contemporaneously with an executive town car company permit will be prorated to equal the cost of the number of months remaining until the executive town car company permit expires.
3. 3.  Executive town car decals must be affixed to the vehicle’s front and back window in a manner outlined by the City’s administrative rules for applying permits and decals.
4. 4.  Executive town car decals that are intentionally destroyed or damaged by an executive town car company or executive town car driver prior to renewal and without the City’s authorization are not subject to renewal.
5. 5.  Voided executive town car vehicle decals are not renewable in the year following their voidance. Once an executive town car vehicle decal is voided, an executive town car company may not renew that decal and instead must complete the initial application process if the executive town car company seeks a decal for that executive town car vehicle.
6. 6.  Executive town car vehicle decals issued by the City Administrator may not be leased, sold, transferred, or assigned in any manner.
7. 7.  Executive town car vehicle decals issued by the City Administrator 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 considered to be an actionable offense in a court of competent jurisdiction.

1. 1.  All executive town car vehicle equipment and devices must be properly equipped and maintained in good working order;
2. 2.  At all times, executive town car vehicles must 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. 3.  The executive town car vehicle body must be free of major damage and broken or cracked equipment, including but not limited to windows, lights, light covers, top light, and reflectors;
4. 4.  Executive town car vehicles must be free of dirt, grease, grime, glue, or tape. This applies to the vehicle’s paint, upholstery, windows, floorboard, and integrated parts of the vehicle’s body;
5. 5.  The executive town car vehicle may include no missing or 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 only be equipped with studded tires during time periods allowed by Oregon Law; and
6. 6.  The vehicle must comply with the standards contained in ORS Title 59, Oregon Vehicle Code, Chapters 801 through 823.

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.

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, 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, within 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.  Upon application submittal, all applicants must demonstrate maintaining a valid license to drive in any US jurisdiction for at least 365 days, within the 18-month period preceding the application submittal date.
10. 10.  The applicant is less than 21 years old.
11. 11.  The applicant is unable to obtain car insurance for any reason.

1. 1.  A paper copy of executive town car company insurance pursuant to ORS 806.011 and a copy of the vehicle registration always while operating as an executive town car driver. Upon request of the City Administrator or law enforcement officer, executive town car drivers must present proof of a valid primary automobile insurance policy and vehicle registration;
2. 2.  A City business license, when operating as an independent contractor, as required by Chapter 7.02 at all times while operating as an executive town car driver; and
3. 3.  A valid state issued driver’s license while operation as an executive town car driver;
4. 4.  City driver permit. Drivers must carry a valid, original, City driver permit at all times while operating an executive town car vehicle.
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 Subsection B. is a Class D violation subject to penalties provided in Sections 16.40.930 through 16.40.950.

1. 1.  Allow another person to use their executive town car driver certification;
2. 2.  Drive or allow another person to drive an executive town car vehicle without a valid driver’s license, driver permit, and company while the vehicle is being used to provide executive town car services;
3. 3.  Operate any executive town car vehicle while consuming or while under the influence of intoxicants or operate it 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 PFHT 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 persons while operating a PFHT vehicle;
7. 7.  Consume any intoxicant, smoke any substance, or use any device that produces a smoke-like vapor while operating an executive town car vehicle;
8. 8.  Allow any passenger to consume an intoxicant, smoke any substance, or use any device that produces a smoke-like vapor inside an executive town car 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.  Operate any executive town car vehicle while using a mobile communications device without a hands-free accessory as defined in ORS 811.507(1);
13. 13.  Refuse to provide executive town car services to any passenger of proper demeanor whose request for service has been accepted by the executive town car company dispatch or reservation service or executive town car driver from a designated hotel zone; and
14. 14.  Provide PFHT services without a valid City permit or certification.
15. 15.  Violate Section 16.20.130.

1. 1.  All requests for service must be received and accepted through the dispatch or online and/or mobile app reservation services.
2. 2.  An executive town car driver may not accept street-hails received within Portland, with the exception of designated hotel zones and as approved by the Port of Portland at the Portland International Airport.
3. 3.  Other than for drop off, an executive town car driver may not park an executive town car 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 in accordance with Section 16.40.340 and available for review by the City Administrator or law enforcement officer.

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.

1. 1.  A completed application on a form supplied by the City Administrator;
2. 2.  Proof of registration with the Secretary of State for any corporate, LLC, or LLP entity;
3. 3.  Proof of registration with the Secretary of State for any assumed business name, along with a listing of the registrant of such;
4. 4.  A list of all persons or entities with more than 10 percent stock ownership if the company issues stock certificates.
5. 5.  If the applicant shuttle company is individually owned, the name, business address (or home address if no business address), telephone number, and date of birth of the owner;
6. 6.  If the applicant shuttle company is a corporation, partnership, or other business entity, the names, business addresses, telephone numbers, and date of birth of the person or persons vested with authority to manage or direct the affairs of the legal entity in Portland (authorized representative) or to bind the legal entity in dealings with third parties, and any other information that the City Administrator may reasonably require;
7. 7.  The applicant shuttle company’s zero-tolerance drug and nondiscrimination policy;
8. 8.  The applicant shuttle company’s user terms of service;
9. 9.  The applicant dispatch or passenger reservation contact information;
10. 10.  Contact information of the shuttle company’s agent of service and customer service support;
11. 11.  A description and photo or rendering of the unique branding that the applicant shuttle company proposes to use for its fleet of affiliated shuttle vehicles;
12. 12.  A detailed description of the shuttle company’s fixed route and time schedule; and
13. 13.  A nonrefundable application fee.
14. 14.  All fines and penalties must be paid prior to issuing or reissuing a shuttle company permit.

1. 1.  The shuttle company applicant fails to submit all required information and documentation, including valid proof of insurance;
2. 2.  The shuttle company applicant leases, permits, or otherwise allows other entities not affiliated with the shuttle company and certified by the City Administrator to operate Shuttle services;
3. 3.  The application has a material misstatement or omission; or
4. 4.  The shuttle company application is incomplete.

1. 1.  Criminal and driver background checks;
2. 2.  Valid driver’s license; and
3. 3.  Successful completion of all City Administrator-approved driver training and testing within 30 days of providing shuttle service, and successful completion of any additional training and testing must be completed within 30 days of release by the City Administrator.

1. 1.  Vehicle ASE safety inspection;
2. 2.  Vehicle registration and licensing;
3. 3.  Vehicle properly equipped and in good condition;
4. 4.  Shuttle company general and motor vehicle liability insurance, and;
5. 5.  Automobile liability insurance, as required by state law.

1. 1.  Combined single limit of not less than $500,000 per occurrence for claims arising out of, but not limited to, bodily injury and property damage incurred from the business use of any scheduled, non-owned, and hired automobile in the course of the vehicle’s use as a PFHT vehicle.

1. 1.  Independent contractors/owner-operators. If an independent contractor/owner-operator relationship exists with a permit holder, and the independent contractors/owner-operators provide services under the permit holder’s permit, then the permit holder and the City require the same insurance coverage and limits and conditions as outlined in Section 16.40.430. The same certificate of liability and additional insured endorsement requirements will apply.
2. 2.  Alternatives to insurance, such as self-insurance, may occur only if the level of coverage and the terms, conditions, and obligations meet the same or higher requirements as found in Section 16.40.430, and only if the public safety and well-being will not be endangered. The adequacy of proposed alternative insurance coverage must be approved by the City Attorney’s Office before such alternative insurance may become effective.

1. 1.  Zero tolerance for drug and alcohol use and discrimination. All permitted Companies must employ at all times a zero-tolerance policy for intoxicants.
2. 2.  Zero tolerance for discrimination. All permitted companies must 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 City Administrator for approval. Any changes to the policy must be submitted to and approved by the City Administrator prior to implementation.

1. 1.  The number and type of crimes against drivers to the extent known;
2. 2.  The arrest or conviction for any criminal offense of any affiliated shuttle driver;
3. 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 Portland;
4. 4.  The initiation of bankruptcy proceedings or corporate or partnership dissolution by the company; and
5. 5.  Any information required to be disclosed by Chapter 16.40 that comes to the attention of the shuttle company.
6. 6.  Upon request, the shuttle company must provide data identified by the City Administrator to verify compliance with requirements pursuant to Chapter 16.40.

1. 1.  Shuttle companies will be required to keep documentation of all certified shuttle drivers and shuttle vehicles. Such records must be kept on file during the term of the shuttle company permit and for two calendar years after the expiration of such permit. Upon request or subpoena, shuttle company records must be provided to the City Administrator and/or law enforcement officers.
2. 2.  Shuttle companies 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.

1. 1.  Large airporter shuttles as defined in Subsection 16.40.030 VV.1.b. are eligible for the vehicle age exemption and are subject to the requirements of Section 16.40.935

1. 1.  Is more than one year old, based on model year;
2. 2.  Has 10,000 miles or more on its odometer; or
3. 3.  Has the “check engine” light illuminated, regardless of model year or mileage.

1. 1.  Be kept in safe condition;
2. 2.  Be kept clean and in good appearance;
3. 3.  Be properly equipped, including but not limited to carrying a hands-free accessory for mobile devices, a standard first aid kit, and fire extinguisher; and
4. 4.  Meet State of Oregon Department of Environmental Quality motor vehicle emissions standards established for Portland Metro.
5. 5.  Failure to comply with any provision in this Subsection H. is a Class D violation subject to penalties provided in Sections 16.40.930 through 16.40.950.

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

1. 1.  Every shuttle vehicle must prominently display on both sides of the vehicle the following information:
   1. a.  The full name of the shuttle company;
   2. b.  The company-assigned shuttle vehicle number;
   3. c.  The telephone number of that shuttle company where services can be requested; and
   4. d.  The word “shuttle.”
2. 2.  Upon successful completion of the shuttle vehicle permit application process and payment of required fees as outlined in Chapter 16.40, the City Administrator will issue a vehicle identification decal bearing the City Seal for each certified shuttle vehicle.
3. 3.  Shuttle 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 shuttle company permit. Fees for decals that are not issued contemporaneously with a shuttle company permit will be prorated to equal the cost of the number of months remaining until the shuttle company permit expires.
4. 4.  Shuttle decals must be affixed to the vehicle’s front and back window in a manner outlined by the City’s administrative rules for applying permits and decals.
5. 5.  Shuttle decals that are intentionally destroyed or damaged by a shuttle company or shuttle driver prior to renewal and without the City’s authorization are not subject to renewal.
6. 6.  Voided shuttle vehicle decals are not renewable in the year following their voidance. Once a shuttle vehicle decal is voided, a shuttle company may not renew that decal and instead must complete the initial application process if the shuttle company seeks a decal for that shuttle vehicle.
7. 7.  Shuttle vehicle decals issued by the City Administrator may not be leased, sold, transferred, or assigned in any manner.
8. 8.  Shuttle vehicle decals issued by the City Administrator 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 an actionable offense in a court of competent jurisdiction.

1. 1.  All shuttle vehicle equipment and devices must be properly equipped and maintained in good working order.
2. 2.  At all times, shuttle vehicles must 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. 3.  The shuttle vehicle body must be free of major damage and broken or cracked equipment, including but not limited to, windows, lights, light covers, and reflectors.
4. 4.  Shuttle vehicles must be free of dirt, grease, grime, glue, or tape. This applies to the vehicle’s paint, upholstery, windows, floorboard, and integrated parts of the vehicle’s body.
5. 5.  The shuttle vehicle may not include missing or 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 during time periods allowed by Oregon Law.
6. 6.  The vehicle must comply with the standards contained in ORS Title 59, Oregon Vehicle Code, Chapters 801 through 823.

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.

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, 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 greater than five traffic violations as defined in ORS 801.557; greater 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 greater than five of any combination of serious traffic violations or motor vehicle accidents as provided above.
6. 6.  Based on the conviction date, within 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.  Upon application submittal, all applicants must demonstrate maintaining a valid license to drive in any US jurisdiction for at least 365 days, within the 18-month period preceding the application submittal date.
10. 10.  The applicant is less than 21 years old.
11. 11.  The applicant is unable to obtain car insurance for any reason.

1. 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.

1. 1.  A paper copy of company insurance pursuant to ORS 806.011 and a copy of the vehicle registration at all times while operating as a shuttle driver. Upon request of the City Administrator or law enforcement officer, shuttle drivers must present proof of a valid Shuttle primary automobile insurance policy and vehicle registration.
2. 2.  A paper copy of the driver’s City business license, when operating as an independent contractor, as required by Chapter 7.02 at all times while operating as a shuttle driver.
3. 3.  A valid state issued driver’s license while operating as a shuttle driver.
4. 4.  A valid, original, City driver permit. All licensed drivers must prominently post and display the Shuttle permit in the Shuttle 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.

1. 1.  Allow another person to use their shuttle driver certification.
2. 2.  Drive or allow another person to drive a shuttle vehicle without a valid driver’s license, driver permit, and company certification while the vehicle is being used to provide Shuttle services.
3. 3.  Operate any shuttle 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 PFHT 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 persons while operating a PFHT vehicle.
7. 7.  Consume any intoxicant, smoke any substance, or use any device that produces a smoke-like vapor while operating a shuttle 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 a shuttle 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 shuttle vehicles on a route or time schedule other than the route and time schedule of the shuttle company, as approved by the City Administrator.
13. 13.  Operate any shuttle vehicle while using a mobile communications device without a hands-free accessory as defined in ORS 811.507(1).
14. 14.  Refuse shuttle services to any passenger of proper demeanor whose request for service has been accepted by the shuttle company or shuttle driver along the fixed route and time schedule of the shuttle company, as approved by the City Administrator.
15. 15.  Provide PFHT services without a valid City permit or certification.
16. 16.  Violate Section 16.20.130.

1. 1.  A shuttle driver may accept street-hails, including from hotel zones, received along the approved route of the shuttle company as approved by the City Administrator.
2. 2.  Other than for drop off along the shuttle company’s approved route and time schedule, a shuttle driver may not park a shuttle 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.

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.

1. 1.  Requests for service from a passenger accompanied by a service animal may not be refused.

1. 1.  Shuttle companies must maintain at all times mobile apps or online dispatch services available to customers in accordance to W3C guidelines and ADA Section 503 requirements pertaining to hearing and visual accessibility.
2. 2.  Shuttle companies must maintain dispatch services available to customers pursuant to Subsection 16.40.440 H. in accordance to W3C guidelines and ADA Section 503 requirements pertaining to hearing and visual accessibility.

1. 1.  Shuttle companies must reasonably accommodate passengers with canes, walkers, or other mobility devices that can readily fit within a non-wheelchair-accessible shuttle vehicle.
2. 2.  Shuttle companies must maintain at all times mobile apps or online dispatch services available to customers that accept requests for a wheelchair-accessible vehicle (WAV).
3. 3.  Shuttle companies are required to provide WAV service within a reasonable time by maintaining a fleet of affiliated wheelchair-accessible shuttle vehicles, contracting with a permitted operator of wheelchair-accessible PFHT vehicles, or a combination thereof. It is a rebuttable presumption that any time beyond 30 minutes of the established time schedule is unreasonable.
4. 4.  Fare rates for WAVs may not exceed fare rates for commensurate non-wheelchair-accessible shuttle vehicles, be reported to the City Administrator and are not subject to dynamic pricing.
5. 5.  WAV services must comply with the City’s administrative rules and with the WAV Service Performance Guidelines as established by the PFHT Advisory Committee and Portland Commission on Disability.
6. 6.  The City Administrator may implement an Accessible Transportation Fee and establish an Accessible Transportation Fund for the purpose of meeting all objectives established in administrative rule for Accessible Service.
   1. a.  The Accessible Transportation Fee rate will be established by the PFHT Advisory Committee in consultation with the Portland Commission on Disability for the purpose of funding the Accessible Transportation Fund.
   2. b.  The Accessible Transportation Fund will be managed by the City Administrator for the purposes of providing an incentive for PFHT WAV service in keeping with WAV Service Performance Guidelines and mitigating the higher costs of providing WAV service compared to commensurate non-WAV service. A detailed report on the status and performance of the Accessible Transportation Fund and citywide WAV service provided by all permitted PFHT operators will be presented to the PFHT Advisory Committee annually. Details regarding the Accessible Service Fund are outlined in administrative rule.

1. 1.  Copy of the event and or parade permit, and
2. 2.  A description defining the role of the pedicab or quadricycle during the parade.
3. 3.  Failure to comply with this Subsection A. is a Class C violation subject to the penalties provided in Sections 16.40.930 through 16.40.950.

1. 1.  A completed application on a form supplied by the City Administrator.
2. 2.  Proof of registration with the Secretary of State for any corporate, LLC, or LLP entity.
3. 3.  Proof of registration with the Secretary of State for any assumed business name, along with a listing of the registrant of such.
4. 4.  A list of all persons or entities with more than 10 percent stock ownership if the company issues stock certificates.
5. 5.  If the applicant pedicab or quadricycle company is individually owned, the name, business address (or home address if no business address), telephone number, and date of birth of the owner.
6. 6.  If the applicant pedicab or quadricycle company is a corporation, partnership, or other business entity, the names, business addresses, telephone numbers, and date of birth of the person or persons vested with authority to manage or direct the affairs of the legal entity in Portland (“Authorized Representative”) or to bind the legal entity in dealings with third parties, and any other information that the City Administrator may reasonably require.
7. 7.  The applicant pedicab or quadricycle company’s zero-tolerance drug and nondiscrimination policy.
8. 8.  The applicant pedicab or quadricycle company contact information.
9. 9.  A nonrefundable application fee.

1. 1.  The pedicab or quadricycle company applicant fails to submit all required information and documentation, including valid proof of insurance.
2. 2.  The pedicab or quadricycle company applicant provides dispatch services or the use of a pedicab or quadricycle to anyone other than affiliated pedicab and quadricycle drivers meeting the requirements set forth in Chapter 16.40 without prior approval by the City Administrator.
3. 3.  The pedicab or quadricycle company applicant leases, permits, or otherwise allows other entities not affiliated with the pedicab or quadricycle company and certified by the City Administrator to operate pedicab or quadricycle services.
4. 4.  The application has a material misstatement or omission.
5. 5.  The pedicab company application is incomplete.

1. 1.  Criminal and driver background checks;
2. 2.  A valid driver’s license for quadricycle drivers or a driver’s license or government-issued photo identification for pedicab drivers; and
3. 3.  Pedicab driver or quadricycle business license number when operating as an independent contractor.
4. 4.  Successful completion of all City Administrator-approved driver training and testing within 30 days of providing pedicab and quadricycle Service, and successful completion of any additional training and testing must be completed within 30 days of release by the City Administrator.

1. 1.  Vehicle safety and condition, and
2. 2.  Pedicab or quadricycle company general liability insurance.

1. 1.  Commercial business insurance. Company permit holders must secure and maintain a commercial general liability policy reflecting limits of no less than $1 million per occurrence and $2 million aggregate for covered claims arising out of, but not limited to, bodily injury and property damage, in the course of the permit holder’s work under a PFHT permit.
2. 2.  Worker’s compensation and employers’ liability insurance. The company permit holder must secure and maintain a worker’s compensation and employer liability policy where required by state law.

1. 1.  The commercial general liability coverage must name the City and its officers, agents, and employees as additional insureds as respects to claims, in the course of the permit holder’s work as a PFHT company, covered by such policies;
2. 2.  Policy coverages must be primary and noncontributory, and any insurance coverage maintained by the City must be considered excess;
3. 3.  The insurance limits are subject to statutory changes as to maximum limits of liability imposed on municipalities of the State of Oregon during the permit’s term;
4. 4.  The insurance policy must allow for written notice to the City Administrator 30 days before any policy is canceled;
5. 5.  The insurance policy must allow for 30 days’ written notice to the City Administrator before a policy will expire or be reduced in coverage;
6. 6.  All insurance companies issuing policies within this Section must be rated by A.M. Best Company and carry at least a rating of A.M. Best A- or better; and
7. 7.  The adequacy of insurance coverage outlined in this Section is subject to the review and approval of the City Attorney’s Office.

1. 1.  The permit holder must maintain continuous, uninterrupted coverage for the duration of the permit. Any lapse in insurance coverage, even if it is later backdated by the insurance company, is subject to a civil penalty.
2. 2.  The permit holder must file a certificate of liability with the City Administrator that evidences insurance coverage and terms that are in compliance with the requirements of this Section. The certificate of liability must be on a standard ACORD form or its equivalent.
3. 3.  The permit holder must file with the City Administrator a copy of the insurance company-issued additional insured endorsements naming the City and its officers, agents, and employees as additional insureds.

1. 1.  The number and type of crimes against drivers to the extent known;
2. 2.  The arrest or conviction for any criminal offense of any affiliated pedicab or quadricycle;
3. 3.  The filing of any lawsuit against or on behalf of the pedicab or quadricycle company related to the operation of the company and its services in Portland;
4. 4.  The initiation of bankruptcy proceedings or corporate or partnership dissolution by the company; and
5. 5.  Any information required to be disclosed by Chapter 16.40 that comes to the attention of the pedicab or quadricycle company.

1. 1.  Pedicab and quadricycle Companies will be required to keep documentation of all certified pedicab and quadricycle drivers and all pedicab and quadricycle vehicles. Such records must be kept on file during the term of the pedicab or quadricycle company permit and for two calendar years after the expiration of such permit. Upon request or subpoena, pedicab or quadricycle company records must be provided to the City Administrator and/or law enforcement officers.
2. 2.  Pedicab and quadricycle Companies 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.

1. 1.  Make use of working battery-powered lights;
2. 2.  Be equipped with one headlight capable of projecting a beam of light for a distance of at least 500 feet;
3. 3.  Be equipped with two red taillights mounted on the right and left area of the pedicab or quadricycle vehicle’s rear;
4. 4.  Not exceed the manufacturer’s limits on the amount of weight the pedicab or quadricycle vehicle may safely carry; and
5. 5.  Not pull any kind of cart, trailer, or other enclosed seating contraption behind the vehicle.

1. 1.  Be kept in safe condition,
2. 2.  Be kept clean and in good appearance.

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.

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.

1. 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.

1. 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 City Administrator or a law enforcement officer, pedicab or quadricycle drivers must present proof of a valid pedicab or quadricycle company insurance policy and driver’s license or government-issued photo identification.
2. 2.  A paper copy of the driver’s City business license, when operating as an independent contractor, as required by Portland City Code Chapter 7.02, at all times while operating as a pedicab or quadricycle driver.
3. 3.  City driver permit. Drivers must carry a valid, original City driver permit at all times while operating a pedicab or quadricycle.
4. 4.  All required documents listed above must be available and presented at the time of any inspection, upon request.
5. 5.  Failure to comply with any provision in this Subsection B. is a Class D violation subject to the penalties provided in Sections 16.40.930 through 16.40.950.

1. 1.  Allow another person to use their pedicab or quadricycle driver certification.
2. 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. 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 or the State of Oregon.
4. 4.  Operate any PFHT 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 a PFHT vehicle.
7. 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. 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. 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 pedicab or quadricycle vehicle while using a mobile communications device without a hands-free accessory as defined in ORS 811.507(1).
14. 14.  Provide PFHT services after driving more than 12 hours in any given 24-hour period.
15. 15.  Provide PFHT services without a valid City permit or certification.
16. 16.  Violate Section 16.20.130.
17. 17.  Failure to comply with any provision in this Subsection C. is a Class B violation subject to the penalties provided in Sections 16.40.930 through 16.40.950.

1. 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.

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.
5. 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.

1. 1.  A completed application on a form supplied by the City Administrator.
2. 2.  Proof of registration with the Secretary of State for any corporate, LLC, or LLP entity.
3. 3.  Proof of registration with the Secretary of State for any assumed business name, along with a listing of the registrant of such.
4. 4.  A list of all persons or entities with more than 10 percent stock ownership if the company issues stock certificates.
5. 5.  If the applicant LPT company is individually owned, the name, business address (or home address if no business address), telephone number, and date of birth of the owner.
6. 6.  If the applicant LPT company is a corporation, partnership, or other business entity, the names, business addresses, telephone numbers, and date of birth of the person or persons vested with authority to manage or direct the affairs of the legal entity in Portland (“Authorized Representative”) or to bind the legal entity in dealings with third parties, and any other information that the City Administrator may reasonably require.
7. 7.  The applicant LPT company’s zero-tolerance drug and nondiscrimination policy.
8. 8.  The applicant LPT company’s user terms of service.
9. 9.  The applicant dispatch or passenger reservation contact information.
10. 10.  Contact information of the LPT company’s agent of service and customer service support.
11. 11.  A nonrefundable application fee.

1. 1.  The LPT company applicant fails to submit all required information and documentation, including valid proof of insurance;
2. 2.  The LPT company applicant leases, permits, or otherwise allows other entities not affiliated with the LPT company and certified by the City Administrator to operate LPT services;
3. 3.  The application has a material misstatement or omission; or
4. 4.  The LPT company application is incomplete.

1. 1.  Criminal and driver background checks;
2. 2.  Automobile liability insurance for independent contractors;
3. 3.  A valid driver’s license; and
4. 4.  Successful completion of all City Administrator-approved driver training and testing within 30 days of providing LPT Service, and successful completion of any additional training and testing must be completed within 30 days of release by the City Administrator.

1. 1.  Vehicle ASE safety inspection;
2. 2.  Vehicle registration and licensing;
3. 3.  Vehicle properly equipped and in good condition;
4. 4.  LPT company general and motor vehicle liability insurance; and
5. 5.  Automobile liability insurance, as required by state law.

1. 1.  Combined Single Limit of not less than $500,000 per occurrence for claims arising out of, but not limited to, bodily injury and property damage incurred from the business use of any scheduled, non-owned, and hired automobile in the course of the vehicle’s use as a PFHT vehicle.

1. 1.  Independent contractors/owner-operators. If an independent contractor/owner-operator relationship exists with a permit holder and the independent contractors/owner-operators provide services under the permit holder’s permit, then the permit holder and the City require the same insurance coverage and limits and conditions as outlined in Subsections 16.40.630 F. through H. The same certificate of liability and additional insured endorsement requirements will apply.
2. 2.  Alternatives to insurance, such as self-insurance, may occur only if the level of coverage and the terms, conditions, and obligations meet the same or higher requirements as found in Subsections 16.40.630 F. through H., and only if the public safety and well-being will not be endangered. The adequacy of proposed alternative insurance coverage must be approved by the City Attorney’s Office before such alternative insurance may become effective.
3. 3.  The insurance policy must allow for 30 days’ written notice to the City Administrator before a policy will expire or be reduced in coverage.
4. 4.  The insurance policy must allow for written notice to the City Administrator 30 days before any policy is cancelled.

1. 1.  Zero tolerance for drug and alcohol use and discrimination. All permitted companies must employ at all times a zero-tolerance policy for intoxicants.
2. 2.  Zero tolerance for discrimination. All permitted companies must 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 City Administrator for approval. Any changes to the policy must be submitted to and approved by the City Administrator prior to implementation.

1. 1.  The number and type of crimes against drivers to the extent known;
2. 2.  The arrest or conviction for any criminal offense of any affiliated LPT;
3. 3.  The filing of any lawsuit against or on behalf of the LPT company related to the operation of the company and its services in Portland;
4. 4.  The initiation of bankruptcy proceedings or corporate or partnership dissolution by the company; and
5. 5.  Any information required to be disclosed by Chapter 16.40 that comes to the attention of the LPT company.

1. 1.  LPT Companies will be required to keep documentation of all certified LPT drivers and LPT vehicles. Such records must be kept on file during the term of the LPT company permit and for two calendar years after the expiration of such permit. Upon request or subpoena, LPT company records must be provided to the City Administrator and/or law enforcement officers.
2. 2.  LPT Companies 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.

1. 1.  Is more than one year old, based on model year;
2. 2.  Has 10,000 miles or more on its odometer; or
3. 3.  Has the “check engine” light illuminated, regardless of model year or mileage.

1. 1.  Be properly equipped and in good condition;
2. 2.  Be kept clean and in good appearance;
3. 3.  Be properly equipped, including but not limited to carrying a hands-free accessory for mobile devices, a standard first aid kit, and fire extinguisher; and
4. 4.  Meet State of Oregon Department of Environmental Quality motor vehicle emissions standards established for the Portland Metro.
5. 5.  Failure to comply with any provision in this Subsection H. is a Class D violation subject to penalties provided in Sections 16.40.930 through 16.40.950.

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

1. 1.  Every party bus vehicle and tour bus vehicle must prominently display on both sides of the vehicle the following information:
   1. a.  The full name of the party bus company or tour bus company;
   2. b.  The company-assigned party bus vehicle or tour bus vehicle number; and
   3. c.  The telephone number of that party bus company or tour bus company where services can be requested.
2. 2.  Upon successful completion of the LPT vehicle permit application process and payment of required fees as outlined in Chapter 16.40, the City Administrator will issue a vehicle identification decal bearing the City Seal for each certified LPT vehicle.
3. 3.  LPT 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 LPT company permit. Fees for decals that are not issued contemporaneously with an LPT company permit will be prorated to equal the cost of the number of months remaining until the LPT company permit expires.
4. 4.  LPT decals must be affixed to the vehicle’s front and back window in a manner outlined by the City’s administrative rules for Applying permits and Decals.
5. 5.  LPT decals that are intentionally destroyed or damaged by an LPT company or prior to renewal and without the City’s authorization are not subject to renewal.
6. 6.  Voided LPT vehicle decals are not renewable in the year following their voidance. Once an LPT vehicle decal is voided, an LPT company may not renew that decal and instead must complete the initial application process if the LPT company seeks a decal for that LPT vehicle.
7. 7.  LPT vehicle decals issued by the City Administrator may not be leased, sold, transferred, or assigned in any manner.
8. 8.  LPT vehicle decals issued by the City Administrator 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 an actionable offense in a court of competent jurisdiction.

1. 1.  All LPT vehicle equipment and devices must be properly equipped and maintained in good working order;
2. 2.  At all times, LPT vehicles must 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. 3.  The LPT vehicle body must be free of major damage and broken or cracked equipment, including but not limited to, windows, lights, light covers, top light, and reflectors;
4. 4.  LPT vehicles must be free of dirt, grease, grime, glue, or tape. This applies to the vehicle’s paint, upholstery, windows, floorboard, and integrated parts of the vehicle’s body;
5. 5.  The LPT vehicle may include no missing or 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 during time periods allowed by Oregon Law.
6. 6.  The vehicle must comply with the standards contained in ORS Title 59, Oregon Vehicle Code, and Chapters 801 through 823.

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.

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, 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 greater than five traffic violations as defined in ORS 801.557; greater 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, greater than five of any combination of serious traffic violations or motor vehicle accidents as provided above.
6. 6.  Based on the conviction date, within 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.  Upon application submittal, all applicants must demonstrate maintaining a valid license to drive in any US jurisdiction for at least 365 days, within the 18-month period preceding the application submittal date.
10. 10.  The applicant is less than 21 years old.
11. 11.  The applicant is unable to obtain car insurance for any reason.

1. 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.

1. 1.  A paper copy of LPT insurance pursuant to ORS 806.011 and a copy of the vehicle registration at all times while operating as an LPT driver. Upon request of the City Administrator or law enforcement officer, LPT drivers must present proof of a valid LPT primary automobile insurance policy and vehicle registration.
2. 2.  A paper copy of the driver’s City business license, when operating as an independent contractor as required by Chapter 7.02 at all times while operating as an LPT driver.
3. 3.  A valid state issued driver’s license while operating as an LPT driver.
4. 4.  A valid, original City driver permit while operating an LPT vehicle.
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.

1. 1.  Allow another person to use their LPT driver certification.
2. 2.  Drive or allow another person to drive an LPT vehicle without a valid driver’s license, driver permit, and company certification while the vehicle is being used to provide LPT services.
3. 3.  Operate any LPT 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 PFHT 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 persons while operating a PFHT vehicle.
7. 7.  Consume any intoxicant, smoke any substance, or use any device that produces a smoke-like vapor while operating an LPT 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 LPT 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.  Operate any LPT vehicle while using a mobile communications device without a hands-free accessory as defined in ORS 811.507(1).
13. 13.  Refuse LPT services to any passenger of proper demeanor whose request for service has been accepted by the LPT company or LPT driver.
14. 14.  Provide PFHT services without a valid City permit or certification.
15. 15.  Violate Section 16.20.130.

1. 1.  All requests for service must be received and accepted through the LPT company’s reservation or dispatch services.
2. 2.  An LPT driver may not accept street-hails received within Portland, except as approved by the Port of Portland at the Portland International Airport.
3. 3.  An LPT driver may not utilize taxi stands for drop-off or pick-up.
4. 4.  An LPT driver may not park an LPT vehicle in a hotel zone more than 15 minutes before pick up of the request for service. The dispatch call/request for service must be documented and available for review by the City Administrator or law enforcement officer.

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.

1. 1.  A completed application on a form supplied by the City Administrator;
2. 2.  Proof of registration with the Secretary of State for any corporate, LLC, or LLP entity;
3. 3.  Proof of registration with the Secretary of State for any assumed business name, along with a listing of the registrant of such;
4. 4.  A list of all persons or entities with more than 10 percent stock ownership if the company issues stock certificates;
5. 5.  If the applicant NEMT company is individually owned, the name, business address (or home address if no business address), telephone number, and date of birth of the owner;
6. 6.  If the applicant NEMT company is a corporation, partnership, or other business entity, the names, business addresses, telephone numbers, and date of birth of the person or persons vested with authority to manage or direct the affairs of the legal entity in Portland (Authorized Representative) or to bind the legal entity in dealings with third parties, and any other information that the City Administrator may reasonably require;
7. 7.  The applicant NEMT company’s zero-tolerance drug and nondiscrimination policy;
8. 8.  The applicant NEMT company’s user terms of service;
9. 9.  Contact information of the NEMT company’s agent of service and customer service support; and
10. 10.  A nonrefundable application fee.

1. 1.  The NEMT company applicant fails to submit all required information and documentation, including valid proof of insurance;
2. 2.  When providing service within Portland, the NEMT company applicant provides dispatch services to anyone other than affiliated NEMT drivers meeting the requirements set forth in Chapter 16.40 without prior approval by the City Administrator;
3. 3.  When providing service within Portland, the NEMT company applicant leases, permits, or otherwise allows other entities not affiliated with the NEMT company and certified by the City Administrator to operate NEMT services;
4. 4.  When providing services within Portland, the NEMT company applicant affiliates with and provides dispatch services to drivers operating vehicles without NEMT vehicle certification by the City Administrator.
5. 5.  The application has a material misstatement or omission; and
6. 6.  The NEMT company application is incomplete.

1. 1.  A local and national criminal background check and driving history review of all drivers must be conducted annually on behalf of the affiliated NEMT company by a third party accredited by the National Association of Professional Background Screeners that must include:
   1. a.  A Social Security trace including all aliases for the past 10 years;
   2. b.  County, state, and national criminal record searches for all aliases for the past 10 years. The primary source search must be performed in a multi- state/multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation (primary source search);
   3. c.  A National Sex Offender Registry search; and
   4. d.  All motor vehicle records associated with the applicant driver for the past five years available pursuant to records laws of each state.
2. 2.  A valid driver’s license.
3. 3.  An NEMT driver business license number when operating as an independent contractor.
4. 4.  Successful completion of all City Administrator-approved driver training and testing within 30 days of providing NEMT Service, and successful completion of any additional training and testing must be completed within 30 days of release by the City Administrator.
5. 5.  Meets all requirements outlined in the Oregon Administrative Rule Section 410-141-3440 for NEMT drivers.

1. 1.  Vehicle ASE safety inspection;
2. 2.  Vehicle registration and licensing;
3. 3.  Vehicle properly equipped and in good condition; and
4. 4.  NEMT company general liability and automobile liability insurance.

1. 1.  Combined single limit of not less than $500,000 per occurrence for claims arising out of, but not limited to, bodily injury and property damage incurred from the business use of any scheduled, non-owned, and hired automobile in the course of the vehicle’s use as a PFHT vehicle.

1. 1.  Independent contractors/owner-operators. If an independent contractor/owner-operator relationship exists with a permit holder and the independent contractors/owner-operators provide services under the permit holder’s permit, then the permit holder and the City require the same insurance coverage and limits and conditions as outlined in Subsections 16.40.730 D. through H. The same certificate of liability and additional insured endorsement requirements will apply.
2. 2.  Alternatives to insurance, such as self-insurance, may occur only if the level of coverage and the terms, conditions, and obligations meet the same or higher requirements as found in Subsections 16.40.730 D. through H., and only if the public safety and well-being will not be endangered. The adequacy of proposed alternative insurance coverage must be approved by the City Attorney’s Office before such alternative insurance may become effective.

1. 1.  Zero tolerance for drug and alcohol use and discrimination. All permitted companies must employ at all times a zero-tolerance policy for intoxicants.
2. 2.  Zero tolerance for discrimination. All permitted companies must 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 City Administrator for approval. Any changes to the policy must be submitted to and approved by the City Administrator prior to implementation.

1. 1.  The number and type of crimes against drivers to the extent known;
2. 2.  The arrest or conviction for any criminal offense of any affiliated NEMT driver;
3. 3.  The filing of any lawsuit against or on behalf of the NEMT company related to the operation of the company and its services in Portland;
4. 4.  The initiation of bankruptcy proceedings or corporate or partnership dissolution by the company; and
5. 5.  Any information required to be disclosed by Chapter 16.40 that comes to the attention of the NEMT company.

1. 1.  NEMT Companies will be required to keep documentation of all certified NEMT drivers and NEMT vehicles, as well as detailed records of all trips. Such records must be kept on file during the term of the NEMT company permit and for two calendar years after the expiration of such permit. Upon request or subpoena, NEMT company records must be provided to the City Administrator and/or law enforcement officers.
2. 2.  NEMT Companies 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.

1. 1.  Is more than one year old, based on model year;
2. 2.  Has 10,000 miles or more on its odometer; or
3. 3.  Has the “check engine” light illuminated, regardless of model year or mileage.

1. 1.  Be properly equipped and in good condition;
2. 2.  Be kept clean and in good appearance;
3. 3.  Be properly equipped, including but not limited to carrying a hands-free accessory for mobile devices, a standard first aid kit, and fire extinguisher; and
4. 4.  Meet State of Oregon Department of Environmental Quality motor vehicle emissions standards established for the Portland Metro.
5. 5.  Failure to comply with any provision in this Subsection H. is a Class D violation subject to penalties provided in Sections 16.40.930 through 16.40.950.

1. 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.

1. 1.  Using numbers and lettering no less than three inches in height, every NEMT vehicle must prominently display on both sides of the vehicle the following information:
   1. a.  The full name of the NEMT company;
   2. b.  The company-assigned NEMT vehicle number;
   3. c.  The telephone number of the NEMT company where services can be requested; and
2. 2.  Upon successful completion of the NEMT vehicle permit application process and payment of required fees as outlined in Chapter 16.40, the City Administrator will issue a vehicle identification decal bearing the City Seal for each certified NEMT vehicle.
3. 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. 4.  NEMT decals must be affixed to the vehicle’s front and back window in a manner outlined by the City’s administrative rules for Applying permits and Decals.
5. 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. 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. 7.  NEMT vehicle decals issued by the City Administrator may not be leased, sold, transferred, or assigned in any manner.
8. 8.  NEMT vehicle decals issued by the City Administrator 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.

1. 1.  All NEMT vehicle equipment and devices must be properly equipped and maintained in good working order.
2. 2.  At all times, NEMT vehicles must 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. 3.  The NEMT vehicle body must be free of major damage and broken or cracked equipment, including but not limited to, windows, lights, light covers, and reflectors.
4. 4.  NEMT vehicles must be free of dirt, grease, grime, glue, or tape. This applies to the vehicle’s paint, upholstery, windows, floorboard, and integrated parts of the vehicle’s body.
5. 5.  The NEMT vehicle may include no missing or 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. 6.  The vehicle must comply with the standards contained in ORS Title 59, Oregon Vehicle Code, Chapters 801 through 823.

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.

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, 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, 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.
6. 6.  Based on the conviction date, within a three-year period, the applicant had greater 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.
7. 7.  Based on the conviction date, within 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.
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.  Upon application submittal, all applicants must demonstrate maintaining a valid license to drive in any US jurisdiction for at least 365 days, within the 18-month period preceding the application submittal date.
10. 10.  The applicant is less than 21 years old.
11. 11.  The applicant is unable to obtain car insurance for any reason.

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.

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.

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.

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.

1. 1.  A description of the horse’s name, age, breed, and gender;
2. 2.  A photograph and physical description of the horse, including color, markings, or other identifying marks, such as brands or tattoos or any other identifiers, such as microchips;
3. 3.  Certification of examination (health certificate) by an equine veterinarian within 30 days prior to the application for a permit that demonstrates the horse is able to perform the work described (in the horse-drawn carriage company application) without undue stress or effort; and
4. 4.  Additional veterinary certification requirements as provided in administrative rule.

1. 1.  Copy of the event permit, and
2. 2.  A description defining the role of the horse-drawn carriage during the event.

1. 1.  A completed application on a form supplied by the City Administrator;
2. 2.  Proof of registration with the Secretary of State for any corporate, LLC, or LLP entity;
3. 3.  Proof of registration with the Secretary of State for any assumed business name, along with a listing of the registrant of such;
4. 4.  Certification of a horse-drawn carriage driver training program approved by the City Administrator;
5. 5.  Confirmation that the driver will be employed for a horse-drawn carriage  company with current, valid horse-drawn carriage company and vehicle permits.
6. 6.  If necessary, any information requested by the City Administrator that reasonably relates to the application or is a clarification of information provided.

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.

1. 1.  The applicant has a felony conviction of any kind within 10 years from 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, 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 greater than five traffic violations as defined in ORS 801.557; greater 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, greater 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.  The applicant is less than 18 years old.
10. 10.  All carriage driver criminal and driving histories are subject to review by the City Administrator.

1. 1.  Basic carriage horse care, and
2. 2.  Relevant City Code provisions and administrative rules.

1. 1.  Carriage make, model, and manufacturer;
2. 2.  Seating capacity and weight limits;
3. 3.  A photograph of each carriage to be registered; and
4. 4.  If necessary, any information that reasonably relates to the application or is a clarification of information provided to the City Administrator.

1. 1.  Commercial business insurance. Company permit holders must secure and maintain a commercial general liability policy reflecting limits of no less than $1 million per occurrence and $2 million aggregate for covered claims arising out of, but not limited to, bodily injury and property damage, in the course of the permit holder’s work under a PFHT permit.
2. 2.  Worker’s compensation and employers’ liability insurance. The company permit holder must secure and maintain a workers’ compensation and employers’ liability policy where required by state law.

1. 1.  The permit holder must maintain continuous, uninterrupted coverage for the duration of the permit. Any lapse in insurance coverage, even if it is later backdated by the insurance company, is subject to a civil penalty.
2. 2.  The permit holder must file a certificate of liability with the City Administrator that evidences insurance coverage and terms that are in compliance with the requirements of this Section. The certificate of liability must be on a standard ACORD form or its equivalent.
3. 3.  The permit holder must file with the City Administrator a copy of the insurance company-issued additional insured endorsements naming the City and its officers, agents, and employees as additional insureds.

1. 1.  Respiratory rate > 36 breaths per minute after one minute;
2. 2.  Temperature > 103 degrees; and
3. 3.  Heart rate > 52 beats per minute after a one-minute recovery time.

1. 1. Permit fee rates will be established to fund all program costs required to adequately administer the PFHT program, including the provision of safe, fair and efficient private for-hire services, and to verify compliance with all relevant requirements pursuant to Chapter 16.40; and to help maintain a functional transportation system so permitted private for-hire operators can safely, efficiently, and reliably operate their businesses in fair and innovative ways.
2. 2. Permit fee rates will be proportioned according to the expected annual number of trips fulfilled by permitted TNCs, as determined by the City Administrator and informed by available trip data provided pursuant to Subsections 16.40.140 K. and 16.40.240 K.

1. 1. The permit fee rate added to total fare of each completed trip charged to passengers by the TNC must be clearly identified as the “CITY OF PORTLAND SURCHARGE” on receipts provided to passengers pursuant to Sections 16.40.140 and 16.40.240.

1. 1.  Payment Card Industry (PCI) compliant.
2. 2.  A centralized system or application that can electronically calculate fares, process payments, and produce a receipt.
3. 3.  All funds received by the device must be deposited into a centralized account approved by the permitted company.

C.  The following table outlines the penalties that will be assessed for a violation of the specific Code Sections or Subsections listed:

1. 1.  A temporary suspension is necessary to protect the public safety;
2. 2.  The permittee’s insurance is not current;
3. 3.  The permittee has failed to fully pay a civil penalty when due and the permittee did not file a timely appeal; or
4. 4.  At any time, the permittee fails or no longer meets or complies with any section of this chapter.

1. 1.  The revocation is necessary to protect the public safety;
2. 2.  The permittee did not comply with the terms and conditions of a temporary suspension;
3. 3.  The permittee is found operating as a for-hire company or driver while on suspension;
4. 4.  Permittee has fraudulently altered the calibration of the driver’s taximeter or computer/application based metered system;
5. 5.  The permittee has provided either the City, an insurance agent, or an insurance carrier with materially false information regarding vehicle insurance; or
6. 6.  The permittee has incurred a total of five penalties and/or suspensions during any consecutive 12-month period.

1. 1.  The City Administrator’s findings concerning the alleged violation;
2. 2.  Notice that the alleged violator has 10 business days from the date of the letter in which to file a written response to the City Administrator if the permittee denies that any violation has occurred;
3. 3.  The terms, conditions, and timeframe of the proposed suspension, if applicable; and
4. 4.  The permittee’s appeal rights, including a statement informing the driver of the City Administrator’s position regarding a stay of the decision pending appeal.

1. 1.  A permittee is not covered by liability insurance as required by Sections 16.40.130 or 16.40.230, 16.40.330, 16.40.430, 16.40.630, 16.40.530, or 16.40.830; or
2. 2.  Continued operation by the permittee would cause, or is likely to cause, an unreasonable risk of harm to public health or safety.
3. 3.  A permittee has refused to submit to a required compliance audit.

1. 1.  Certification authorities may not issue a permit upon an application or facts that demonstrate failure to comply with any requirement of this Chapter.
2. 2.  The City may cancel any permit issued, approved, or renewed in conflict with the provisions of this Chapter. To cancel a permit, the City will follow these procedures:
   1. a.  If the City Administrator has reasonable grounds to cancel a permit, the City Administrator will send a “Notice of Cancellation” to the permittee by both regular mail, and certified mail (return receipt requested). The City may send a courtesy copy to the permittee by email at an email address the permittee has placed on file with the city.
3. 3.  Effect of cancellation. Cancellation of a permit voids the permit immediately. In all other respects a cancelled permit is deemed to have never existed. No person whose permit has been cancelled may conduct business until a valid permit or certification has been issued.
4. 4.  Actual notice presumed. Actual notice of the cancellation is presumed five days after the latest date on which the City mailed a notice described in Subsection 16.40.940 J.2.a.

1. 1.  Any person or entity whose permit, certification, decal, or taxiplate application is denied, or whose permit, decal, or taxiplate is suspended or revoked, may appeal that decision to the Code Hearings Officer under the provisions of Portland City Code Chapter 22.10.
2. 2.  If the suspension is due to a failure to timely pay a civil penalty when due, then the underlying reasons for the civil penalty may not be appealed to the Code Hearings Officer. In that situation, the person or entity may appeal only to the Code Hearings Officer to determine if the Bureau properly followed the notice requirements found in Section 16.40.940.

1. 1.  Providing expertise and feedback to the public, City Administrator, and City Council on Portland’s PFHT market, PFHT regulations, and policies, taking into consideration the full range of City goals and objectives.
2. 2.  Providing recommendations for regulatory, code, and administrative rule changes affecting the PFHT operators and PFHT services, including service to people with disabilities.
3. 3.  Monitoring the application and enforcement of regulations for their effectiveness in achieving the City’s goals.
4. 4.  Recommending customer service, permitting, process, and compliance improvements to the City Administrator and/or City Council.
5. 5.  Providing input to ensure the budget of the City’s PFHT program is adequate to meet service goals and compliance with all requirements pursuant to Chapter 16.40.

1. 1.  PBOT (nonvoting member);
2. 2.  The tourism industry;
3. 3.  The Portland Commission of Disabilities;
4. 4.  An at-large community member with a disability;
5. 5.  The riding public;
6. 6.  The Port of Portland;
7. 7.  TriMet;
8. 8.  A taxi company;
9. 9.  A taxi driver;
10. 10.  A TNC;
11. 11.  A TNC driver;
12. 12.  An LPT company;
13. 13.  An LPT driver;
14. 14.  A shuttle company;
15. 15.  A shuttle driver;
16. 16.  A limousine or party bus company;
17. 17.  A tour bus company;
18. 18.  A pedicab company; and
19. 19.  An NEMT company.

1. 1.  The PFHT Advisory Committee must meet at least five times each calendar year and otherwise as necessary to conduct its business. Meetings must be conducted in accordance with adopted rules of procedure. A quorum of voting members is required to make decisions that represent the position of the PFHT Advisory Committee and to conduct any other Committee responsibilities.
2. 2.  The officers of the Committee consist of a chairperson and a vice- chairperson. The chairperson is responsible for conducting the meetings of the committee. The vice-chairperson must act as chair when the chairperson is not available.
3. 3.  The PFHT Advisory Committee may divide its members into subcommittees that are authorized to act on behalf of the committee for an assigned purpose. Subcommittee actions require the affirmative vote of at least three members.

1. 1.  Adopt the proposed recommendation as originally proposed;
2. 2.  Adopt a slightly modified version of the originally proposed recommendation;
3. 3.  Move that a substantially modified version of the originally proposed recommendation be considered at a later Committee Meeting and with additional public testimony; or
4. 4.  Withdraw the proposed recommendation altogether and allow no further vote on it.