Shuttle Companies shall provide reasonable accommodations to passengers with disabilities, including to passengers accompanied by a service animal, passengers with hearing and visual impairments and passengers with mobility devices.
A. Accommodations to passengers accompanied by a service animal.
1. Requests for service from a passenger accompanied by a service animal may not be refused.
B. Accommodations to passengers with hearing and visual impairments.
1. Shuttle Companies shall maintain at all times mobile apps or online dispatch services available to customers in accordance to W3C guidelines and ADA Section 503 requirements pertaining to hearing and visual accessibility.
2. Shuttle Companies shall maintain dispatch services available to customers pursuant to Subsection 16.40.440 H. in accordance to W3C guidelines and ADA Section 503 requirements pertaining to hearing and visual accessibility.
C. Accommodations to passengers with mobility devices.
1. Shuttle Companies shall reasonably accommodate passengers with canes, walkers, or other mobility devices that can readily fit within a non-wheelchair-accessible Shuttle Vehicle.
2. Shuttle Companies shall maintain at all times mobile apps or online dispatch services available to customers that accept requests for a wheelchair-accessible vehicle (WAV).
3. Shuttle Companies are required to provide WAV service within a reasonable time by maintaining a fleet of affiliated wheelchair-accessible Shuttle Vehicles, contracting with a permitted operator of wheelchair-accessible PFHT vehicles, or a combination thereof. It is a rebuttable presumption that any time beyond 30 minutes of the established time schedule is unreasonable.
4. Fare rates for WAVs shall not exceed fare rates for commensurate non-wheelchair-accessible Shuttle Vehicles, be reported to the Director, and shall not be subject to dynamic pricing.
5. WAV services must comply with WAV Service Performance Guidelines as established by the PFHT Advisory Committee in consultation with the Portland Commission on Disability. Service performance guidelines may include best practices pertaining to the following:
a. Vehicle specifications;
b. Wheelchair loading and securement;
c. Customer service and communication with customers;
d. Driver training; and
e. Estimated wait times.
6. Any permitted Shuttle shall enter into an agreement with the City to regularly provide anonymized data relevant to WAV service. Examples of relevant data may include, but not limited to, the following:
a. Number, date, and time of fulfilled WAV trips;
b. Number, date, and time of WAV trips declined by the driver or the company;
c. WAV trip origin Zip code;
d. WAV trip destination Zip code; and
e. WAV trip wait time.
7. The Director may implement an Accessible Transportation Fee and establish an Accessible Transportation Fund for the purpose of meeting all objectives established in Administrative Rule for Accessible Service.
a. The Accessible Transportation Fee rate shall be established by the PFHT Advisory Committee in consultation with the Portland Commission on Disability for the purpose of funding the Accessible Transportation Fund.
b. The Accessible Transportation Fund shall be managed by the Director for the purposes of providing an incentive for PFHT WAV service in keeping with WAV Service Performance Guidelines and mitigating the higher costs of providing WAV service compared to commensurate non-WAV service. A detailed report on the status and performance of the Accessible Transportation Fund and citywide WAV service provided by all permitted PFHT operators shall be presented to the PFHT Advisory Committee annually. Details regarding the Accessible Service Fund are outlined in Administrative Rule, TRN-14.29.
D. Failure to comply with any provision in Section 16.40.490 is a Class B violation subject to penalties provided in Sections 16.40.930 through 16.40.950.