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City of Portland

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16.40.775 Pedicab Driver Certification and Operating Requirements.

A.  Pedicab Driver Certification. The Pedicab Company shall regularly provide a list of applicant drivers affiliated with the permitted Pedicab Company 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 Pedicab Vehicle prior to being operating a Pedicab Vehicle. Drivers not meeting all required conditions shall not be certified and will not be allowed to operate as a Pedicab Driver. Pedicab companies shall provide a current list to the Director as changes occur.

B.  Term of Certified Pedicab Driver.  Certifications for Pedicab Drivers provided by a Pedicab Company to the Director shall be valid for one year from the date of the initial certification. The affiliated Pedicab Company shall provide a re-certification to the Director within one month prior to the certification expiration on a form approved by the Director.

C.  Application Process. Applications for Pedicab Driver certification shall be made directly to an affiliated Pedicab Company. The Pedicab Company will regularly provide to the Director Pedicab Driver and Vehicle Application Lists, pursuant to certification requirements, that the driver meets all requirements before the driver may operate a Pedicab Driver on a form approved by the Director.

D.  Pedicab Driver Criminal and Driving Background Checks. A local and national criminal background check and driving history review of all drivers shall be conducted annually on behalf of the affiliated Pedicab Company 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 records laws of each state, and;

3.  Dru Sjodin National Sex Offender Public Registry.

E.  Pedicab Driver Criminal and Driving History Disqualifications. A driver will not be certified as a Pedicab Driver and cannot provide Pedicab 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 violations 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 in a United States jurisdiction immediately prior to the date of the application’s submission;

10.  The applicant is less than 18 years old; or

11.  All Pedicab Driver Criminal and Driving Histories are subject to review by the Director.

F.  Pedicab Driver Training. Pedicab Drivers shall successfully complete Director approved trainings within 30 days of Pedicab 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.

H.  Business License Requirements. All Pedicab Drivers affiliated with a Pedicab Company shall comply with all provisions of the Business License Law, Chapter 7.02 prior to operating a Pedicab Vehicle. Any Pedicab Driver without a valid City of Portland Business License as required by Chapter 7.02 cannot be certified as a Pedicab Driver and will not be allowed to operate as a Pedicab Driver until such Business License is obtained.

I.  Pedicab Driver Re-certification. The Pedicab Company shall provide a list of applicant drivers for re-certification to the Director within one month prior to the Pedicab Driver certification expiration, on a form approved by the Director. Applicant drivers shall meet all conditions and be consistent with Pedicab Driver certification requirements pursuant to Sections 16.40.760 and 16.40.770. Drivers not meeting all such conditions will not be re-certified as a Pedicab Driver and shall not be allowed to provide Pedicab Services.

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