A permitted Pedicab Company shall comply with the following:
A. Zero Tolerance for Drug and Alcohol Use. All permitted Pedicab Companies shall employ at all times a Zero Tolerance Policy for intoxicants for all Pedicab 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.
B. User Terms of Service. It must be stated within a disclaimer or limitation of liability in a Pedicab Company’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 Pedicab Company shall be governed by Oregon tort law in effect at the time of the claim.
C. Fare rate Transparency. All Pedicab fare rates shall be established by the Pedicab Company, reported to the Director and made available in a clear and transparent way to the passenger prior to the passenger accepting a ride.
D. Receipts. All pedicab passengers shall be provided, upon request, 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 Pedicab Company, Pedicab Driver, Pedicab Company contact information and the City of Portland’s PFHT complaint phone number.
E. Limitation or Prohibition on Dynamic pricing. The Bureau Director may limit or prohibit dynamic pricing by any Pedicab Company or Pedicab Driver during a State of Emergency, as declared by the Mayor, pursuant to Portland City Code 15.04.040.
F. Reporting Requirements. Each Pedicab Company shall regularly report the following to the Director:
1. Report any crash and its claim status (open or closed) required to be reported to the State of Oregon;
2. Report the number and type of crimes against drivers to the extent known;
3. The arrest or conviction for any criminal offense of any affiliated Pedicab Driver involving the operation of Pedicab Service in the City of Portland;
4. The filing of any lawsuit against or on behalf of the Pedicab Company related to the operation of the company and its services 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 Pedicab Company.
G. Data Requirements.
1. Any permitted Pedicab Company may enter into an agreement with the City to regularly provide relevant aggregated and anonymized data. 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 and miles traveled
2. 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.
3. In the event disclosure of such data is required by law, the City will provide Pedicab Companies notice prior to any disclosure of such data.
4. Upon request, the Pedicab Company shall provide data identified by the Director to verify compliance with requirements pursuant to Chapter 16.40.
H. Pedicab Company Records Management and Mandatory Compliance.
1. Pedicab Companies will be required to keep documentation of all certified Pedicab Drivers and Pedicab Vehicles. Such records shall be kept on file during the term of the Pedicab Company Permit and for two calendar years after the expiration of such Permit. Upon request or subpoena, Pedicab Company records shall be provided to the Director and/or law enforcement officers.
2. Pedicab Companies shall submit to compliance audits and enforcement actions upon request by the Director or law enforcement officers pursuant to Chapter 16.40.