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16.40.560 Pedicab and Quadricycle Driver Certification and Operating Requirements.

A.  Pedicab and Quadricycle Driver Certification. The Pedicab and Quadricycle Company shall regularly provide a list of applicant drivers affiliated with the permitted Pedicab or Quadricycle Company for Director certification that drivers meet all requirements pursuant to Chapter 16.40, on a form approved by the Director. A valid driver’s license is required for Quadricycle Drivers. A valid driver’s license or valid government-issued photo identification is required for Pedicab Drivers. Drivers not meeting all required conditions shall not be certified and will not be allowed to operate as a Pedicab or Quadricycle Driver. Pedicab and Quadricycle Companies shall provide a current driver list to the Director as changes occur.

B.  Term of Certified Pedicab and Quadricycle Drivers. Certifications for Pedicab and Quadricycle Drivers provided by a Pedicab or Quadricycle Company to the Director shall be valid for 1 year from the date of the initial certification. The affiliated Pedicab or Quadricycle 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 Pedicab and Quadricycle Driver certification shall be made directly to an affiliated Pedicab or Quadricycle Company. The Pedicab or Quadricycle Company will regularly provide to the Director Pedicab or Quadricycle Driver and vehicle application lists, pursuant to certification requirements, that the driver meets all requirements before the driver may operate as a Pedicab or Quadricycle Driver on a form approved by the Director.

D.  Pedicab and Quadricycle 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 or Quadricycle 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.  Pedicab and Quadricycle Driver Criminal and Driving History Disqualifications. A driver will not be certified as a Pedicab or Quadricycle Driver and cannot provide Pedicab or Quadricycle 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 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.  Based on the conviction date, during a 3-year period, the applicant had more than five traffic violations as defined in ORS 801.557; more 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, more than five of any combination of serious traffic violations or motor vehicle accidents as provided above.

6.  Based on the conviction date, during 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.  When permitted to operate a Quadricycle, the applicant must have a valid driver’s license in a United States jurisdiction.

10.  The applicant is less than 18 years old.

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

G.  Pedicab and Quadricycle Driver Training. Pedicab Drivers that do not possess a valid driver’s license meeting all the requirements of Section 16.40.550 must successfully complete a Director-approved City bicycle safety course. The affiliated company must ensure that all Pedicab and Quadricycle Drivers successfully complete Director-approved trainings within 30 days of Pedicab and Quadricycle 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 and Quadricycle Drivers operating as independent contractors affiliated with a Pedicab or Quadricycle Company shall comply with all provisions of the Business License Law, Chapter 7.02, prior to operating a Pedicab or Quadricycle Vehicle. Any independent contracted Pedicab or Quadricycle Driver without a valid City of Portland business license as required by Chapter 7.02 cannot be certified as a Pedicab or Quadricycle Driver and will not be allowed to operate as a Pedicab or Quadricycle Driver until such business license is obtained.

I.  Pedicab and Quadricycle Driver Re-certification. The Pedicab and Quadricycle Company shall provide a list of applicant drivers for re-certification to the Director within 1 month prior to the Pedicab or Quadricycle Driver certification expiration, on a form approved by the Director. Applicant drivers shall meet all conditions and be consistent with Pedicab and Quadricycle Driver certification requirements pursuant to Sections 16.40.550. Drivers not meeting all such conditions will not be re-certified as a Pedicab or Quadricycle Driver and shall not be allowed to provide Pedicab or Quadricycle services.

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

K.  Failure to comply with any provision in Section 16.40.560 is a Class B violation subject to penalties provided in Sections 16.40.930 to 16.40.950.