Chapter 5.60
VEHICLES FOR HIRE
Sections:
5.60.030 Insurance requirements.
5.60.040 Operational requirements.
5.60.005 Purpose.
The purpose of this chapter is to provide for and promote the safety and welfare of the general public by regulating vehicles for hire within the city of Rainier, as authorized by ORS 221.485 and 221.495. Nothing contained in this chapter is intended or shall be construed to create any liability on the part of the city or its employees for any injury or damage related to any provision of this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter on the part of the city or its employees. (Ord. 1092, 2023)
5.60.010 Definitions.
A. “City” means the city of Rainier, Oregon.
B. “Driver” means any individual natural person who operates a vehicle for hire within the city.
C. “Person” means any individual natural person, partnership, corporation, unincorporated association or other entity.
D. “Vehicle for hire” means any vehicle used for the ground transportation of passengers for compensation within the city, including taxis and transportation networking company (TNC) vehicles, as well as animal-drawn vehicles and vehicles powered by humans, including but not limited to vehicles such as pedicabs. The following motor vehicles are excluded from the definition of vehicles for hire and are exempt from this chapter:
1. School buses operated to transport students;
2. Vehicles used by nonprofit transportation providers solely for elderly or handicapped persons;
3. Vehicles used to provide courtesy transportation at no charge to and from parking lots, hotels, rental offices, retirement homes and the like;
4. Vehicles used to provide ambulance service.
E. “Taxi company” means any person or entity operating one or more vehicles for hire, other than as a driver, regardless of the legal form of the entity and regardless of whether the taxis so operated are owned by the company, or leased, or owned by individual members of an entity. Taxi companies do not include TNCs.
F. “Transportation network company” or “TNC” means a company or other entity that exclusively uses an internet-enabled platform or application to connect passengers with vehicles for hire and/or TNC drivers. (Ord. 1092, 2023)
5.60.020 Driver requirements.
A. All drivers shall be at least 21 years of age and shall possess a valid driver’s license, proof of motor vehicle registration and proof of current automobile liability insurance that meets the requirements of this chapter and state law.
B. Every taxi company or TNC shall maintain accurate, current records for all drivers employed by, contracting with or affiliated with the company, including all drivers accessing a company’s digital network to operate in the city. The records shall include the driver’s name, date of birth, address, social security number, criminal background check results, driver’s license information, motor vehicle registration and automobile insurance. These records will be made available to the city promptly on request.
C. Prior to permitting a person to operate as a driver, and annually thereafter, the taxi company or TNC shall conduct, or have a qualified third party conduct, a criminal background check. The criminal background check shall include a search of no less than seven years of database history, unless prohibited by law, in which case the duration of the search shall be the maximum number of years permitted by law. The criminal background check shall include local, state and national criminal history databases and all accessible sex offender registries. Any person who is on a sex offender registry or has a record of a felony conviction within the previous seven years may not act as a driver. A record of conviction of any of the following within the previous seven years will also disqualify a person from acting as a driver: crimes involving driving under the influence of alcohol or controlled substances, sexual offenses or crimes involving physical harm or attempted physical harm to a person. The company or its agent shall maintain records of criminal background checks for a period of at least two years. For purposes of this section, the term “conviction” includes convictions, bail forfeitures and other final adverse findings.
D. A taxi company or TNC must revoke a driver’s authority to operate as a driver for its company if it finds at any time that the standards set forth in this section are no longer being met by the driver. The company shall only reinstate a driver upon a finding by the company that all standards are again being met by the driver.
E. Notwithstanding the standards of this section, upon application by a taxi company or TNC, the chief of police has authority to allow a person to act as a driver if the chief determines public safety would not be compromised. (Ord. 1092, 2023)
5.60.030 Insurance requirements.
A. For all required insurance, taxi companies and TNCs shall provide certificates of insurance naming the city, its officers, agents and employees as additional insured parties and give at least 30 calendar days’ notice to the city before a policy is canceled, expires or has any reduction in coverage.
B. Insurance requirements of this section shall be satisfied by insurance issued by a licensed insurer or an eligible surplus lines insurer in the state of Oregon.
C. The insurance limits for both TNCs and taxi companies are subject to statutory changes as to maximum limits of liability imposed on municipalities of the state of Oregon during the permit’s term, other statutory changes or other changes deemed necessary by the city.
D. Every taxi company and TNC shall maintain continuous, uninterrupted coverage for the duration of any operations in the city. Any lapse in insurance coverage, even if later backdated by the insurance company, is a violation of this chapter.
E. Both taxi companies and TNCs shall secure and maintain commercial general liability insurance with limits of not less than $1,000,000 per occurrence and $2,000,000 aggregate for claims arising out of, but not limited to, bodily injury and property damage incurred in the course of operating in the city.
F. Taxi companies operating any motor vehicle shall secure and maintain commercial automobile liability insurance covering those vehicles, with a combined single limit of not less than $1,000,000 per occurrence for claims arising out of, but not limited to, bodily injury and property damage incurred in the course of operating in the city.
G. TNC Service Periods Defined.
1. Period 1: The TNC driver has logged into the app or is otherwise connected to the TNC’s digital network, but has not yet accepted a request for a ride from a passenger. For example, the app is open and the driver is waiting for a match.
2. Period 2: A passenger match has been accepted, but the passenger is not yet picked up (for example, the driver is on the way to pick up the passenger).
3. Period 3: The passenger is in the vehicle.
H. Upon city request, TNCs shall provide proof of current, valid insurance covering all affiliated TNC drivers and vehicles for hire operating for such company and satisfying the minimum requirements of Periods 1, 2 and 3.
I. All TNCs shall maintain and provide the city with proof of the following automobile liability coverages:
1. Primary insurance coverage during Period 1 with minimum liability limits of $50,000 per person for death and injury, $100,000 per incident for death and injury and $25,000 for property damage, plus any other state compulsory coverage.
2. Primary insurance coverage during Periods 2 and 3 with minimum liability limits of $1,000,000 in combined single limit coverage for death, personal injury and property damage per incident; and $1,000,000 in combined single limit under/uninsured motorist coverage for death, personal injury and property damage per incident.
3. The required automobile liability insurance shall specifically recognize the driver’s provision of TNC and vehicle-for-hire services and shall comply with the laws of the state of Oregon and/or other applicable governing bodies.
J. TNC drivers shall be responsible for maintaining all personal automobile liability insurance required by state law. (Ord. 1092, 2023)
5.60.040 Operational requirements.
A. TNCs shall maintain records of all trips made by all drivers for at least one year from the date of the trip.
B. All vehicles operating for taxi companies shall be clearly marked as such and shall include the taxi company name, phone number and a vehicle identification number in plain sight.
C. TNCs may not accept street hails and may only accept rides arranged through a TNC’s digital network.
D. Taxi companies and TNCs shall implement and maintain at all times a zero tolerance policy on the use of drugs or alcohol applicable to all drivers employed by or affiliated with the company while providing vehicle-for-hire services. Companies shall provide notice of the zero tolerance policy on their website and/or have it clearly displayed in each vehicle. The notice must include contact information to report a complaint about a driver for possible violations of policy. A company shall immediately suspend a driver upon receipt of a passenger complaint alleging a violation of the zero tolerance policy, for at least the duration of the investigation of the complaint.
E. Taxi companies and TNCs must provide reasonable accommodations to passengers with disabilities, including passengers accompanied by a service animal, passengers with hearing and visual impairments and passengers with mobility devices, and must comply with all applicable requirements of the Americans with Disabilities Act. (Ord. 1092, 2023)
5.60.050 Audit.
The city may audit taxi company and TNC records once per calendar year to review compliance with this chapter. An audit shall occur at a time and location designated by the city. In addition to an audit, the city may require a company to produce records related to an investigation of a specific allegation of a violation of this code or other applicable law, or to evaluate a complaint. Production of records for an investigation or to evaluate a complaint does not count toward the once-per-year auditing limit. (Ord. 1092, 2023)
5.60.060 Penalties.
A violation of this chapter is a Class A civil infraction. (Ord. 1092, 2023)
5.60.070 Enforcement.
The city has the administrative authority to implement and enforce this chapter, including adoption of rules, regulations or policies. This provision shall not be construed to abrogate or limit the jurisdiction or authority of the Rainier police department or any law enforcement agency. (Ord. 1092, 2023)