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City of Portland

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16.40.030 Definitions.

A.  “Approved Blue Seal Shop” means a mechanic shop recognized officially by the National Institute of Automotive Service Excellence (ASE) as being an ASE Blue Seal Automotive Shop.

B.  “Approved Mechanic” means a mechanic who meets all the following criteria:

1.  Does not own, lease or drive a vehicle for-hire;

2.  Has no financial interest in any for-hire transportation company operating within the States of Oregon or Washington;

3.  Has received and maintains a current, valid Automotive Service Excellence (ASE) Master Technician Certification or ASE A-Series certification between relevant areas of ASE A4-A8.

4.  Is not employed by any for-hire transportation company.

C.  “Branded Vehicle” (aka “Reconstructed Vehicle”) means any vehicle that has been declared a total loss by an insurer typically due to a crash, fire or flood damage, and the value of the vehicle is considered less than the cost to repair the vehicle.

D.  “Bureau” means the Portland Bureau of Transportation of the City of Portland.

E.  “Carriage” means any vehicle or conveyance that is drawn, pulled or propelled by a horse or other animal(s).

F.  “Certificate of Safety” means a document from an approved mechanic certifying that a vehicle meets all requirements set forth in this Chapter and/or administrative rules.

G.  “Certification List”  means a list drivers and vehicles submitted by a private for-hire company for approval as permitted if certified by the Director as meeting all requirements set forth in this Chapter and/or administrative rules.

H.  “Committee” means the private for-hire advisory committee

I.  “Company Permit” means the permit issued to a private for-hire Transportation Company under the terms of this Chapter and/or administrative rules.

J.  “Compensation” means any form of payment or gratuity by a customer or customer’s agent to a permitted for-hire driver or company for the use of the driver or company’s for-hire transportation services.  For-hire transportation providers that only accept gratuities, tips, etc, are considered to be providing “for-hire” transportation services.

K.  “Conduct Business” means operating a for-hire vehicle or company, receiving money or other compensation from the use of a for-hire vehicle, causing or allowing another person to do the same, or advertising the same.

L.  “Customer” means a person who purchases for-hire transportation service from a for-hire transportation service provider that is permitted or should be permitted by the City.  The customer may or may not also be a passenger.

M.  “Day” means a business day and not a calendar day unless specifically stated otherwise.

N.  “Decal” means the numbered identification sticker issued by the City and affixed to an LPT vehicle.

O.  “Director” means the Director of the Portland Bureau of Transportation or the Director’s designee, including the Private for-hire Transportation Program Manager.

P.  “Downtown Core” means the area formerly known as the “Fareless Square” or “Free Rail Zone” as defined by TriMet as follows:  The area to the west of the Willamette River shall be bounded on the North by NW Irving, except that at the intersection of NW Irving and NW Station Way it shall be bounded on the North by NW Station Way to NW Broadway and then by NW Broadway south to NW Irving and continuing west on NW Irving to the Stadium (I-405) Freeway, on the West and South by the Stadium (I-405) Freeway and on the East by the Willamette River. The area to the east of the Willamette River shall be bounded on the West by North Interstate Avenue, on the North by NE Multnomah to 125 feet east of 13th Avenue, on the East by 13th Avenue and on the South by NE Holladay.

Q.  Driver Permit” means the documentation issued by the Director affirming the driver is approved and certified as a private for-hire transportation driver under the terms of this Chapter.

R.  “Driver” means a for-hire transportation driver, including taxi drivers, TNC drivers, shuttle drivers, executive sedan drivers,  LPT drivers, pedicab drivers and horse drawn carriage drivers.

S.  “Dynamic Pricing” means the pricing as impacted by market demand which can be an upward or downward deviation from the fare rates established by the private for-hire companies and approved by the Director.

T.  “Executive Town Car Company” means any entity operating an Executive Town Car Vehicles other than as a driver and regardless of whether the vehicles so operated are owned by the company, leased, or owned by individual members of the company.

U.  “Executive Town Car Company Driver” means any person operating an Executive Town Car Vehicle as a driver for any Taxi Company.

V.  “Executive Town Car Company Services” means private for-hire transportation offered or provided for compensation to passengers by an Executive Town Car Driver and Executive Town Car Driver Vehicle on behalf of or by an affiliated Executive Town Car Driver Company.

W.  “Executive Town Car Company Vehicle” means a sedan or sports utility vehicle (SUV) widely recognized as a luxury make and model.

X.  “Horse-Drawn Carriage” is a vehicle or conveyance operating for hire that is drawn, pulled, propelled or powered, in whole or in part, by a horse, mule or other animal(s).

Y.  “Horse-Drawn Carriage Driver Permit” means the permit issued to a horse-drawn carriage driver under the terms of this Chapter.

Z.  “Limousine” means a vehicle whose chassis and wheelbase have been altered by a Qualified Vehicle Modifier (QVM) program participant (or its equivalent) beyond the length of the manufacturer’s original specifications, whether at the time of manufacture or after, and which is commonly recognized by the limousine industry as a “limousine”.

AA.  “Limousine, Party Bus or Tour Bus (LPT) Company” means any entity operating LPT Vehicles other than as a driver and regardless of whether the vehicles so operated are owned by the company, leased, or owned by individual members of the company.

BB.  “LPT Driver” means any person operating a Limousine, Party Bus Vehicle or Tour Bus Vehicle as a driver for any LPT Company.

CC.  “LPT Services” means private for-hire transportation offered or provided for compensation to passengers by a LPT Driver and LPT Vehicle on behalf of or by an affiliated LPT Company.

DD.  “Non-Emergency Medical Transportation (NEMT) Company” means any entity that offers and/or provides for-hire transportation services used for agency-sponsored, contracted transportation as defined in OAR 410-136-3000.

EE.  “Non-Emergency Medical Transportation (NEMT) Driver” means any person operating a vehicle for compensation to offer and/or provide NEMT Services.

FF.  “Non-Emergency Medical Transportation (NEMT) Services” means any for-hire transportation services used for agency-sponsored, contracted transportation as defined in OAR 410-136-3000.

GG.  “Non-Emergency Medical Transportation (NEMT) Vehicle” means any vehicle driven to offer and/or provide NEMT Services.

HH.  “Operate” means driving a for-hire vehicle, using a for-hire vehicle to conduct a business, receiving money from the use of a for-hire vehicle, or causing or allowing another person to do the same.

II.  “Party Bus” means a van or luxury bus modified to carry 10 or more people and less than 26,000 pounds in GVWR primarily for recreation and/or sightseeing purposes.

JJ.  “Passenger” means a person traveling in a for-hire transportation vehicle that is not the operator of that vehicle.

KK.  “Pedicab” means a tricycle that:

1.  Transports or is capable of transporting passengers on seats attached to the tricycle;

2.  Is powered by human power or an electrical assist; and

3.  Is used as a for-hire transportation service.

LL.  “Pedicab Driver Permit” means the permit issued to a pedicab driver under the terms of this Chapter.

MM.  “Permittee” means a person or business entity that has been issued a driver or company permit under the terms of this Chapter.

NN.  “Permitted” means that a for-hire transportation company, driver or vehicle has a valid City-issued permit, decal, taxiplate or certification.

OO.  “Person” means any individual, partnership, joint venture, association, club, trust, estate, corporation, or other form of business organization recognized by Oregon Law.

PP.  “Plate” means the numbered identification plate issued by the City and affixed to a horse-drawn carriage or pedicab.

QQ.  “Prearranged” means that the customer, passenger or passenger’s agent has personally asked the driver of a validly permitted for-hire vehicle or a validly permitted for-hire transportation company for transportation services, regardless of the communication format used.  The Director may establish the amount of time required between asking and receiving transportation services to allow a presumption that the services were “prearranged”.

RR.  “Private for-hire transportation” means providing vehicular, horse-drawn carriage or pedicab transportation for compensation of any kind within the Portland City limits. However, it does not include transportation provided by a public or governmental entity including transportation that is regulated entirely by the state of Oregon or the federal government.

SS.  “Private for-hire vehicle” means a motorized or non-motorized vehicle used to transport persons for-hire or other consideration and which is not exclusively regulated by the State.  This includes limousines, taxis, TNC vehicles, executive sedans, shuttles, NEMTs, pedicabs, and horse-drawn carriages; but does not include school buses, charter buses or ambulances.

TT.  “Revocation” means that a permit, taxiplate or decal is no longer valid and cannot be renewed without approval by the Director of the Portland Bureau of Transportation.

UU.  “Shuttle Transportation” means transportation provided in a vehicle over a fixed route and time schedule.

VV.  “Suspension” means that a permit, taxiplate or decal is temporarily invalid and that the holder of that permit, taxiplate or decal may not engage in any for-hire transportation activity under the authority granted to that suspended permit, taxiplate or decal.  A suspension may also apply to a Private for-hire driver.

WW.  “Tour Bus Vehicle” means any van or bus modified to carry 10 or more people and less than 26,000 pounds in GVWR primarily for recreation and/or sightseeing purposes and driven by a Tour Bus Driver to offer and/or provide Tour Bus Services.

XX.  “Taxi Company” means any entity operating Taxi Vehicles other than as a driver and regardless of whether the vehicles so operated are owned by the company, leased, or owned by individual members of the company.

YY.  “Taxi Driver” means any person operating a Taxi Vehicle as a driver for any Taxi Company.

ZZ.  “Taxi Vehicle” means any vehicle driven by a Taxi Driver to offer and/or provide Taxi Services.

AAA.  “Taxi Services” means private for-hire transportation offered or provided for compensation to passengers by a Taxi Driver and Taxi Vehicle on behalf of or by an affiliated Taxi Company.

BBB.  “Taximeter” means a mechanical or electronic device that calculates and displays a fare based on an initial fee, distance traveled, waiting time, or any combination thereof.

CCC.  “Taxiplate” means the numbered metal identification plate issued by the City and permanently affixed to the rear of a taxicab.

DDD.  “Transportation Network Company” (TNC) means any entity or organization, whether a corporation, partnership, sole proprietor, that connects with passengers with affiliated TNC Drivers and TNC Vehicles through an Internet based digital or software platform/application operated by the Transportation Network Company

EEE.  “Transportation Network Company (TNC) Driver” means any individual operating a private for-hire vehicle who connects with passengers through an Internet based digital or software platform/application operated by an affiliated Transportation Network Company.

FFF.  “Transportation Network Company (TNC) Services” means any private for-hire transportation offered or provided to passengers for compensation by a TNC Driver and TNC Vehicle on behalf of or by an affiliated Transportation Network Company.

GGG.  “Transportation Network Company (TNC) Vehicle” means any vehicle driven by a Transportation Network Company Driver to offer and/or provide Transportation Network Company Services.

HHH.  “Week” means the 7-day period from Monday through Sunday.

III.  “Wheelchair Accessible Vehicle (WAV)” means that a for-hire transportation vehicle is equipped with a hydraulic lift or ramps designed for the purpose of transporting wheelchair users or others using mobility devices, or which contains any other physical device or alteration designed to permit access to and enable the transportation of physically handicapped persons.