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City of Portland

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16.40.740 NEMT Driver Conduct, Requirements and Prohibitions.

A.  Transferring Credentials. Transferring NEMT Driver or NEMT Vehicle credentials from one driver or vehicle to another shall be prohibited.

B.  NEMT Drivers shall carry while operating as a NEMT Driver and provide upon request of a law enforcement officer the following:

1.  A non-digital fax or photocopy proof of NEMT Company insurance pursuant to ORS 806.011 and a copy of vehicle registration at all times while operating as a NEMT Driver.

2.  Portland Business License. NEMT Drivers shall carry documentation of a City of Portland Business License as required by Chapter 7.02, for a City-issued Driver Permit, at all times while operating as a NEMT Driver.

C.  Driver Conduct. No NEMT Driver shall:

1.  Allow another person to use his/her NEMT Driver certification

2.  Drive or allow another person to drive a NEMT Vehicle without a valid driver’s license while the vehicle is being used to provide NEMT Services;

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 of Portland or the State of Oregon;

4.  Operate any for-hire transportation vehicle if impaired by any legally prescribed or over-the-counter drugs or medications;

5.  Use a vehicle in the commission of any crime;

6.  Use or broadcast profane or obscene language offensive to the passenger while operating a for-hire transportation vehicle;

7.  Consume any intoxicant or smoke of any substance while operating a NEMT Vehicle;

8.  Allow any passenger to consume an intoxicant or smoke any inside a NEMT Vehicle;

9.  Defraud a passenger in any way;

10.  Be discourteous to a passenger;

11.  Refuse to issue a fully completed receipt, in digital or paper form, for a fare paid if one is requested;

12.  Drive passengers to their destination by any other than the most safe and efficient route, unless requested to do so by the passenger;

13.  Operate any NEMT Vehicle while using a mobile communications device without a hands-free accessory as defined in ORS 811.507(1);

14.  Refuse to transport to a requested destination within the City of Portland to any passenger of proper demeanor whose request for service has been accepted by NEMT dispatch or NEMT Driver, or;

15.  Provide private for-hire transportation after driving more than 12 hours in any given 24-hour period.

D.  Maximum hours of driving. No person shall provide private for-hire transportation services after driving more than 12 hours in any given 24-hour period.

E.  Street-Hails, Taxi Stands, Hotel Zones and Loading/Unloading Zones.

1.  A NEMT Driver shall not accept street-hails, except as approved pursuant to Sections 16.40.190, 16.40.290 and 16.40.490.

2.  Other than for drop off, a NEMT Driver may not park a NEMT Vehicle in a Hotel Zone or Loading/Unloading 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 to Section 16.40.140 and available for review by the Director or law enforcement officer;

F.  Mandatory Compliance. NEMT Drivers shall submit to compliance audits and enforcement actions upon request by the Director or law enforcement officers pursuant to Chapter 16.40.

G.  Driver Reporting. Every NEMT Driver shall report any of the following events to the Director and to all affiliated NEMT Companies within 24 hours of its occurrence:

1.  Any arrest, charge, or conviction of the driver for any criminal offense, or any traffic violation, that occurs during, or arises out of, the driver’s operation of a for-hire transportation vehicle;

2.  Any arrest, charge or conviction of the driver for any criminal offense involving theft, robbery, burglary, assault, sex crimes, drugs, or prostitution;

3.  Any vehicle crash required to be reported to the State of Oregon involving any vehicle operated as for-hire transportation by the driver; and

4.  Any restriction, suspension or revocation of the driver’s motor vehicle driver’s license.

H.  Suspension or Revocation of Certified NEMT Drivers. If a NEMT Driver or NEMT Vehicle certification is suspended or revoked by the Director, the affiliated NEMT Company shall be notified. NEMT Drivers and NEMT Vehicle without current, valid certification by the Director shall not be allowed to operate as a NEMT Driver or NEMT Vehicle.