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16.40.750 NEMT Vehicle Certification Requirements.

A.  NEMT Vehicle Certification. The NEMT Company shall regularly provide a list of applicant vehicles affiliated with the permitted NEMT Company for Director certification that vehicles meet all requirements pursuant to Chapter 16.40 on a form approved by the Director. Vehicles shall be certified by the Director and affiliated with a permitted NEMT Company prior to being used to provide NEMT service on a form approved by the Director. Vehicles not meeting all required conditions shall not be certified and will not be allowed to operate as an NEMT Vehicle.

B.  Term of Certified NEMT Vehicle. Certifications for NEMT Vehicles provided by the Director shall be valid for 1 year from the date of the initial certification. The NEMT Company shall provide a re-certification to the Director annually prior to the certification expiration and within 1 month of the expiration date on a form approved by the Director.

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

D.  Vehicle Registration, Licensing, and Insurance. All NEMT Vehicles shall maintain, at all times, vehicle registration, licensing, and insurance as required by the State of Oregon or the state in which such vehicle is registered.

E.  Vehicle Age Requirements. No vehicle will be allowed to operate as an NEMT Vehicle following 10 years after the vehicle manufactured date, regardless of when the vehicle was purchased or put into service as an NEMT Vehicle, However, WAV vehicles that meet the requirements described in Section 16.40.935 may apply for a Vehicle Age Exemption.

F.  Vehicle Safety Inspections. Each NEMT Vehicle shall pass an annual standardized vehicle safety test as performed by a National Institute for Automotive Service Excellence (ASE) Blue Seal Recognized Shop or by an automotive technician with a current, valid ASE certification in any of the areas of ASE A4-A8. Inspections are required if the vehicle:

1.  Is more than 1-year-old, based on model year;

2.  Has 10,000 miles or more on its odometer; or

3.  Has the “check engine” light illuminated, regardless of model year or mileage.

G.  NEMT Vehicle Safety Certificate Requirements. Upon successful completion of the vehicle inspection, the ASE Blue Seal Recognized Shop or ASE Automotive Technician will provide to the NEMT Driver applicant a “Safety Certificate” stating that the vehicle passed the required safety inspection. The safety inspection checklist used by the ASE Blue Seal Recognized Shop or ASE Automotive Technician shall be completed on a form approved by the Director.

H.  Vehicle Condition. Each NEMT Vehicle shall meet the following requirements:

1.  Be properly equipped and in good condition;

2.  Be kept clean and in good appearance;

3.  Be properly equipped, including but not limited to carrying a hands-free accessory for mobile devices, a standard first aid kit, and fire extinguisher; and

4.  Meet State of Oregon Department of Environmental Quality motor vehicle emissions standards established for the Portland Metro.

5.  Failure to comply with any provision in this Subsection H. is a Class D violation subject to penalties provided in Sections 16.40.930 through 16.40.950.

I.  NEMT Vehicle Re-certification. The NEMT Company shall provide a list of applicant vehicles for re-certification to the Director 1 month prior to the NEMT Vehicle certification expiration, on a form approved by the Director. Applicant vehicles shall meet all conditions and be consistent with NEMT Vehicle certification requirements pursuant to Sections 16.40.150 and 16.40.160 for re-certification. Vehicles not meeting all such conditions will not be re-certified as an NEMT Vehicle and shall not be allowed to operate as an NEMT Vehicle.

J.  Unless otherwise noted, failure to comply with any provision in Section 16.40.570 is a Class B violation subject to penalties provided in Sections 16.40.930 through 16.40.950.