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16.40.280 TNC Driver Conduct Requirements and Prohibitions.

(Amended by Ordinance No. 188972, effective June 29, 2018.)

A.  Transferring Credentials. Transferring TNC Driver or TNC Vehicle credentials from one driver or vehicle to another shall be prohibited. All TNC Drivers are required to meet all driver certification requirements within this chapter at all time times while providing private for-hire service. Failure to comply with this Subsection A. is a Class B violation subject to penalties provided in Sections 16.40.930 through 16.40.950.

B.  TNC Drivers shall carry:

1.  A non-digital copy of TNC insurance pursuant to ORS 806.011 and a non-digital copy of the vehicle registration at all times while operating as a TNC Driver. Upon request of the Director or law enforcement officer, TNC Drivers shall present proof of a valid TNC primary automobile insurance policy and vehicle registration.

2.  A non-digital copy of the TNC Driver’s personal automobile insurance.

3.  A non-digital copy of the driver’s City of Portland business license as required by Chapter 7.02 always while operating as a TNC Driver.

4.  A valid state issued driver’s license while operating as a TNC Driver.

5.  A valid, original, City of Portland driver permit. All licensed drivers must prominently post and display the permit in the vehicle while on duty.

6.  All required documents listed above must be available and presented at the time of any inspection, upon request.

7.  Failure to comply with this Subsection B. is a Class D violation subject to penalties provided in Sections 16.40.930 through 16.40.950.

C.  Driver Conduct. No TNC Driver shall:

1.  Allow another person to use their TNC Driver certification;

2.  Drive or allow another person to drive a TNC Vehicle without completing the certification process through the affiliated TNC;

3.  Operate any TNC Vehicle while consuming or while under the influence of intoxicants, or in a careless or reckless manner or in a manner contrary to the laws of the City of Portland or the State of Oregon;

4.  Operate any PFHT vehicle if impaired by any legally prescribed or over-the-counter drugs or medications;

5.  Use a vehicle in the commission of any crime;

6.  Use or broadcast profane or obscene language offensive to the passenger or other persons while operating a PFHT vehicle;

7.  Consume any intoxicant, smoke any substance, or use any device that produces a smoke-like vapor while operating a TNC Vehicle;

8.  Allow any passenger to consume an intoxicant or smoke any substance, or use any device that produces a smoke-like vapor, inside a TNC Vehicle;

9.  Defraud a passenger in any way;

10.  Be discourteous to a passenger;

11.  Drive passengers to their destination by any other than the safest and most efficient route, unless requested to do so by the passenger;

12.  Operate any TNC Vehicle while using a mobile communications device without a hands-free accessory as defined in ORS 811.507(1);

13.  Refuse to transport to a requested destination within the City of Portland any passenger of proper demeanor whose request for service has been accepted on the TNC app, and;

14.  Provide PFHT services without a valid City of Portland permit or certification.

15.  Violate Section 16.20.130.

16.  Transport a passenger in a TNC Vehicle unless the TNC Driver is active on and has accepted the passenger’s trip request through the TNC application.

D.  Maximum hours of driving. No person shall provide PFHT services after driving more than 12 hours in any given 24-hour period.

E.  Street-Hails, Taxi Stands, and Hotel Zones.

1.  A TNC Driver shall accept rides only booked through an affiliated TNC app and shall not solicit or accept street-hails or stop in any City-approved taxi zones, and;

2.  A TNC Driver may not park a TNC Vehicle in a taxi zone or loading/unloading zone.

F.  Mandatory Compliance. TNC Drivers shall submit to compliance audits and enforcement actions upon request by the Director, any authorized city personnel, or law enforcement officers pursuant to Chapter 16.40.

G.  Driver Reporting. Every TNC Driver shall report any of the following events to the Director and to all affiliated TNCs within 24 hours of its occurrence:

1.  Any arrest, charge, or conviction of the driver for any criminal offense, or any traffic violation;

2.  Any arrest, charge, or conviction of the driver for any criminal offense involving theft, robbery, burglary, assault, sex crimes, drugs, or prostitution;

3.  Any vehicle crashes by completing and submitting the PBOT Vehicle Crash Report; and

4.  Any restriction, suspension, or revocation of the driver’s motor vehicle driver’s license.

H.  Unless otherwise noted, failure to comply with any provision in Section 16.40.280 is a Class B violation subject to penalties provided in Sections 16.40.930 through 16.40.950.