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16.40.240 TNC Company Operating Responsibilities and Prohibitions.

A.  Minimum Standards of Service. A permitted TNC shall comply with the following minimum standards:

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 is unreasonable.

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 16.40.290.

3.  The TNC App used to connect drivers to riders shall 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.

B.  Zero Tolerance for Drug and Alcohol Use. All permitted TNC Companies shall employ at all times a Zero Tolerance Policy for intoxicants for all TNC Drivers.  Such Policy shall be submitted to the Director for approval.  Any changes to the Policy shall be submitted to and approved by the Director prior to implementation. 

C.  User Terms of Service. It must be stated within a disclaimer or limitation of liability in a TNC’s user terms of service that no disclaimer of liability for negligence or other tortious conduct shall have any force or effect as prohibited by local law or restriction in the City of Portland, and that any tort claim against a TNC shall be governed by Oregon tort law in effect at the time of the claim.

D.  Fare Rate Transparency. All TNC fares rates shall 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.

E.  Receipts. All TNC passengers shall be provided either a paper or digital receipt for services at the termination of the ride that clearly indicates the fare paid, time of ride, name of TNC, name of TNC Driver, TNC customer service support contact information and the City of Portland’s PFHT complaint phone number.

F.  Limitation or Prohibition on Dynamic pricing. The Bureau Director will limit or prohibit dynamic pricing by any TNC or TNC Driver during a State of Emergency, as declared by the Mayor, pursuant to Portland City Code Section 15.04.040.

G.  Agent of Service Requirements. TNCs will maintain, during all times when the TNC Permit is valid, a locally-based agent of service, with regular hours of business during weekdays.

H.  Customer Service Support Requirements. TNCs will maintain, during all times when the TNC Permit is valid, customer service support with posted contact information, including a local phone number and local address, and the ability to leave messages 24 hours per day and 7 days per week via telephone or email. Response to messages shall be made within 24 hours.

I.  Reporting Requirements. Each TNC shall regularly report the following to the Director:

1.  Any crash and its claim status (open or closed) on a form approved by the Director;

2.  The number and type of crimes against drivers to the extent known;

3.  The arrest or conviction for any criminal offense of any affiliated TNC driver involving the operation of TNC service in the City of Portland;

4.  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 the City of Portland;

5.  The initiation of bankruptcy proceedings or corporate or partnership dissolution by the company, and;

6.  Any information required to be disclosed by Chapter 16.40 that comes to the attention of the TNC.

J.  Data Requirements.

1.  TNCs shall regularly provide relevant aggregated and anonymized data with the City pursuant to applicable data sharing agreement. Examples of relevant data may include, but not be limited to, the following:

a.  Number, date and time of fulfilled requests

b.  Number, date and time of unfulfilled requests

c.  Number, date and time of trips

d.  Trip origin zip code;

e.  Trip destination zip code;

f.  Trip wait time, and;

g.  Trip duration.

2.  TNCs shall submit data, in aggregate form, pursuant to a data sharing agreement with the City and permitted companies;

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.  In the event disclosure of such data is required by law, the City will provide TNCs notice prior to any disclosure of such data, and;

5.  Upon request, the TNC shall provide data identified by the Director to verify compliance with requirements pursuant to Chapter 16.40.

K.  Digital Record Requirements. Secure, digital records with contact information from TNC Drivers and TNC passengers shall be maintained by the TNC. Such records shall provide a verifiable way to identify drivers and riders for investigatory purposes. Secure digital records must be maintained in accordance with the following requirements:

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.  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 shall respond to the request within 24 hours and promptly disclose records pursuant to the investigation request;

3.  No TNC Company or Driver may allow any unauthorized person to intentionally access any records produced by the digital record systems, and;

4.  The TNC shall notify the City of a known data security breach in the same manner as provided in ORS 646A.600 to ORS 646A.628.

L.  TNC Records Management and Mandatory Compliance.

1.  TNCs will be required to keep documentation of all certified TNC Drivers and TNC Vehicles. Such records shall 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 shall be provided to the Bureau Director and/or law enforcement officers.

2.  TNCs shall submit to compliance audits and enforcement actions upon request by the Director, any authorized city personnel or law enforcement officers pursuant to Chapter 16.40.