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16.40.470 Shuttle Driver Certification Requirements.

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

B.  Term of Certified Shuttle Driver. Certifications for Shuttle Drivers provided by a Shuttle Company to the Director shall be valid for 1 year from the date of the initial certification. The affiliated Shuttle Company shall provide a re-certification to the Director within 1 month prior to the certification expiration on a form approved by the Director.

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

D.  Shuttle 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 Shuttle 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.   The National Sex Offender Public Registry.

E.  Shuttle Driver Criminal and Driving History Disqualifications. A driver will not be certified as a Shuttle Driver and cannot provide Shuttle services if any of the following conditions exist:

1.  The applicant has a felony conviction of any kind within the previous 10 years, based on the conviction date.

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 National Sex Offender Public Registry.

4.  During the 5 year period, 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.  Based on the conviction date during a 3-year period, the applicant had greater than five traffic violations as defined in ORS 801.557; greater than five serious traffic violations as defined by the Oregon Department of Motor Vehicles; more 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.  Based on the conviction date, within a 3-year period, the applicant’s driving privileges were suspended or revoked by any governing jurisdiction as a result of a driving-related incident.

7.  Based on the conviction date, 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.  Based on the conviction date, during a 3-year period, the applicant’s PFHT driving privileges were revoked by the Director.

9.  The applicant does not have at least 1 year’s worth of uninterrupted driving experience with a valid driver’s license in a United States jurisdiction, immediately preceding the certification.

10.  The applicant is less than 21 years old.

11.  The applicant is unable to obtain car insurance for any reason.

F.  All Shuttle Driver criminal and driving histories are subject to review by the Director.

G.  Shuttle Driver Training. The affiliated company must ensure that all Shuttle Drivers successfully complete Director-approved trainings within 30 days of Shuttle 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 Shuttle Drivers operating as independent contractors affiliated with a Shuttle Company shall comply with all provisions of the Business License Law, Chapter 7.02 prior to operating a Shuttle Vehicle. Any Shuttle Drivers operating as independent contractors without a valid City of Portland Business License cannot be certified as a Shuttle Driver and will not be allowed to operate as a Shuttle Driver until such business license is obtained.

I.  Shuttle Driver Re-certification. The Shuttle Company shall provide a list of applicant drivers for re-certification to the Director within 1 month prior to the Shuttle Driver certification expiration, on a form approved by the Director. Applicant drivers shall meet all conditions and be consistent with Shuttle Driver certification requirements pursuant to Section 16.40.470. Drivers not meeting all such conditions will not be re-certified as a Shuttle Driver and shall not be allowed to provide Shuttle services.

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

K.  Failure to comply with any provision in Section 16.40.470 is a Class B violation subject to penalties provided in Sections 16.40.930 through 16.40.950.