(Amended by Ordinance No. 188972, effective June 29, 2018.)
A. Application. An applicant for a TNC permit shall annually submit to the Director:
1. A completed application on a form supplied by the Director;
2. Proof of registration with the Secretary of State for any corporate, LLC, or LLP entity;
3. Proof of registration with the Secretary of State for any assumed business name, along with a listing of the registrant of such;
4. A list of all persons or entities with more than 10 percent stock ownership if the company issues stock certificates;
5. If the applicant TNC is individually owned, the name, business address (or home address if no business address), telephone number, and date of birth of the owner;
6. If the applicant TNC is a corporation, partnership, or other business entity, the names, business addresses, telephone numbers, and date of birth of the person or persons vested with authority to manage or direct the affairs of the legal entity in Portland (“Authorized Representative”) or to bind the legal entity in dealings with third parties, and any other information that the Director may reasonably require;
7. The applicant TNC’s zero-tolerance drug and non-discrimination policy;
8. The applicant TNC’s user terms of service;
9. TNC app description with general use information and customer instructions for requesting a wheelchair-accessible vehicle;
10. Contact information of the TNC’s agent of service and customer service support;
11. The trade dress the applicant TNC proposes to use for each affiliated driver’s vehicle, with a photo of the trade dress submitted with the application; and
12. A non-refundable application fee.
13. All fines and penalties must be paid prior to PBOT issuing or reissuing a TNC permit.
B. Compliance with Secretary of State’s Rules. No permit will be issued unless the company is validly registered with the Secretary of State, including all assumed business names.
C. Insurance. All TNC permit holders shall comply with TNC insurance requirements pursuant to Section 16.40.230. All TNCs shall file a certificate of liability and applicable endorsements with the Director that evidences insurance coverage and terms that are in compliance with the requirements.
D. Director Review Process. After receiving a completed TNC application form and upon successful completion of all the requirements pursuant to Section 16.40.210, the Director shall review the application in order to make a recommendation to the Commissioner-in-Charge for approval or denial.
E. Application Approval. Upon approval by the Commissioner-in-Charge, the Director may be directed to issue a TNC permit valid for a period of up to 1 year from the date of approval.
F. Application Denial. The application shall be denied for any of the following reasons:
1. The TNC applicant fails to submit all required information and documentation, including valid proof of insurance;
2. The TNC applicant provides TNC app services to anyone other than TNC Drivers meeting the requirements set forth in Chapter 16.40;
3. The TNC applicant leases, permits, or otherwise allows other entities not affiliated with the TNC and certified by the Director to operate TNC services;
4. The TNC applicant affiliates with and provides a TNC App to drivers operating vehicles without a TNC Vehicle certification;
5. The application has a material misstatement or omission; and
6. The TNC application is incomplete.
G. Denial Appeal. If the application is denied, the applicant TNC may appeal the decision to the Code Hearings Officer under the provisions of Chapter 22.10.
H. Providing TNC Services. TNC services shall be provided only by a permitted TNC.
I. Certification of TNC Drivers. The TNC shall provide a daily list of applicant drivers affiliated with the permitted TNC for Director certification that drivers meet requirements in Section 16.40.270, on a form approved by the Director on a daily basis. Drivers shall be certified by the Director prior to being activated on the affiliated TNC platform, and drivers not meeting all required conditions will not be certified as a permitted TNC Driver and will not be allowed to operate as a TNC Driver. Such requirements include:
1. Criminal and driver background checks;
2. Personal automobile liability insurance for independent contractors;
3. A valid driver’s license;
4. TNC driver business license number; and
5. Successful completion of all Director-approved driver training and testing within 30 days of providing TNC Service, and successful completion of any additional training and testing must be completed within 30 days of release by the City.
J. Term of Certification of TNC Driver. Certifications for TNC Drivers provided by the Director shall be valid for a term of 1 year from date of Director certification.
K. TNC Driver Re-certification. The TNC shall daily provide a list of applicant drivers for re-certification to the Director within 1 month prior to the TNC Driver certification expiration, on a form approved by the Director. Applicant drivers shall meet all conditions and be consistent with TNC Driver certification requirements pursuant to Section 16.40.270. Drivers not meeting all such conditions will not be re-certified as a TNC Driver and shall not be allowed to operate as a TNC Driver.
L. Certification of TNC Vehicles. The TNC shall daily provide a list of applicant vehicles affiliated with the permitted TNC for Director certification that vehicles meet requirements in Section 16.40.250, on a form approved by the Director. Vehicles shall be certified by the Director and affiliated with a certified TNC driver prior to being activated on the affiliated TNC. Vehicles not meeting all required conditions will not be certified as a permitted TNC vehicle and will not be allowed to operate as a TNC vehicle on a TNC platform. Such requirements include:
1. Vehicle ASE safety inspection;
2. Vehicle registration and licensing;
3. Vehicle properly equipped and in good condition;
4. Commercial automobile liability insurance; and
5. Personal automobile liability insurance, as required by state law.
M. Term of Certification of TNC Vehicles. Certifications for TNC Vehicles provided by the Director shall be valid for a term of 1 year from date of Director certification.
N. TNC Vehicle Re-certification. The TNC shall provide a list of applicant vehicles for re-certification to the Director within 1 month prior to the TNC Vehicle certification expiration, on a form approved by the Director. Applicant vehicles shall meet all conditions and be consistent with TNC Vehicle certification requirements pursuant to Section 16.40.250 for re-certification. Vehicles not meeting all such conditions will not be re-certified as a TNC Vehicle and shall not be allowed to operate as a TNC Vehicle.
O. Denial Appeal. If a TNC Driver or TNC Vehicle certification is denied, suspended, or revoked by the Director, the applicant driver may appeal the decision to the Code Hearings Officer under the provisions of Chapter 22.10.
P. Right to a Permit. The TNC’s ability to satisfy the criteria for a TNC permit does not create a right to a TNC permit.
Q. Transferring Permits. Transferring permits shall be prohibited.
R. Removal of TNC Drivers and TNC Vehicles from Affiliated TNC Platform. A TNC shall daily provide to the Director notification of affiliated TNC Drivers and TNC Vehicles that have been permanently deactivated from the TNC platform or prohibited from providing TNC services by the affiliated TNC.
S. Operating at the Port of Portland. TNCs, TNC Drivers, and TNC Vehicles are prohibited from operating at the Portland International Airport without a City of Portland permit/certification and specific permission or approval from the Port of Portland.
T. Failure to comply with any provision in Section 16.40.210 is a Class B violation subject to penalties provided in Sections 16.40.930 through 16.40.950.