A. Driver Certification. The Transportation Network Company shall regularly provide a list of applicant drivers affiliated with the permitted TNC for Director certification that drivers meet all requirements pursuant to Chapter 16.40, on a form approved by the Director Drivers shall be certified by the Director and affiliated with a certified TNC Vehicle prior to being activated on the affiliated TNC platform. Drivers not meeting all required conditions shall not be certified and will not be allowed to operate as a TNC Driver.
B. Term of Certified TNC Driver. Certifications for TNC Drivers provided by a TNC to the Director shall be valid for one year from the date of the initial certification. Transportation Network Company shall provide a re-certification to the Director within one month prior to the certification expiration.
C. Application Process. Applications for TNC Driver certification shall be made directly to an affiliated TNC. The TNC will regularly provide to the Director TNC Driver and Vehicle Application Lists, pursuant to certification requirements, that the vehicle meets all requirements before the driver may operate a TNC Driver on a form approved by the Director.
D. TNC Driver Criminal and Driving Background Checks. A local and national criminal background check and driving history review of all drivers shall be conducted annually, based on the drivers anniversary date, on behalf of the affiliated TNC by a third party accredited by the National Association of Professional Background Screeners that shall include:
1. Multi-State/Multi-Jurisdiction Criminal Records Locator or other similar commercial nationwide database with validation (primary source search);
2. All motor vehicle records associated with the applicant driver available pursuant to record laws of each state, and;
3. Dru Sjodin National Sex Offender Public Registry.
E. TNC Driver Criminal and Driving History Disqualifications. A TNC Driver will not be certified and cannot provide Transportation Network Services if any of the following conditions exist:
1. The applicant has a felony conviction of any kind in the 10 years, based on the conviction date, preceding the submission of the application;
2. The applicant has a felony conviction involving physical harm or attempted physical harm to a person, regardless of when the conviction occurred;
3. The applicant is a match in the Dru Sjodin National Sex Offender Public Registry;
4. During the 5-year period preceding the submission of the application, based on the conviction date, the applicant has been convicted of any criminal offense involving:
a. Any misdemeanor involving theft, robbery, burglary, assault, sex crimes, drugs, prostitution, or weapons, or;
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. During the 3-year period preceding the submission of the initial application, the applicant had greater than 5 traffic infractions as defined in ORS 801.557; greater than five serious traffic violations as defined in ORS 801.477; greater 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. During the 3-year period preceding the filing of the initial application, the applicant’s driving privileges were suspended or revoked by any governing jurisdiction as a result of a driving-related incident;
7. 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. During a 3-year period preceding the filing of the application, the applicant’s PFHT driving privileges were revoked by the Director;
9. The applicant does not have at least one year’s worth of continuous driving experience with a valid driver’s license in a United States jurisdiction immediately prior to the date of the application’s submission;
10. The applicant is less than 21 years old;
11. The applicant is unable to obtain car insurance for any reason;
12. All TNC Driver criminal and driving histories are subject to review by the Director.
F. TNC Driver Training. TNC Drivers shall successfully complete Director approved trainings as administered by the Director or an approved TNC within 30 days of TNC Driver certification by the Director in each of the following subject areas:
1. Relevant City Code provisions and Administrative Rules;
2. Vision Zero principles of traffic safety;
3. Portland-area attractions, and;
4. Customer Service.
G. Insurance Requirements. All TNC Drivers affiliated with a TNC shall maintain current, valid personal automobile insurance that meets the State of Oregon requirements.
H. Business License Requirements. All TNC Drivers affiliated with a TNC shall comply with all provisions of the Business License Law, Chapter 7.02 prior to being activated on the TNC App. Any TNC Driver without a valid City of Portland Business License cannot be certified as a TNC Driver and will not be allowed to operate as a TNC Driver until such Business License is obtained.
I. TNC Driver Re-certification. The TNC shall provide a list of applicant drivers for re-certification to the Director within one month prior to the TNC Driver certification expiration, on a form approved by the Director. Applicant drivers shall meet all conditions and be consistent with TNC Driver certification requirements pursuant to Section 16.40.200. Drivers not meeting all such conditions will not be re-certified as a TNC Driver and shall not be allowed to operate as a TNC Driver.
J. Suspension or Revocation of Certified TNC Drivers. If a TNC Driver or TNC Vehicle certification is suspended or revoked by the Director, the affiliated TNC shall be notified by the Director. TNC Drivers and TNC Vehicles without current, valid certification by the Director shall not be allowed to provide TNC Services.