Editor's note(s)—Ord. No. 3518, § 1, adopted Feb. 11, 2019, repealed the former Ch. 9.08, §§ 9.08.005— 9.08.160, and enacted a new Ch. 9.08 as set out herein. The former Ch. 9.08 pertained to similar subject matter and derived from Ord. No. 3504, § 1, adopted Aug. 13, 2018.
As used in this Chapter, unless the context clearly indicates otherwise, the following words and phrases shall mean:
"Digital dispatch system"
is an internet-based software application, website, platform or interface that allows for the solicitation, arrangement or provision of vehicle for hire services and the display of rates, calculation of fares or acceptance of payment for vehicle for hire services.
"Driver"
is any individual person who drives a vehicle for hire within the City.
"Limousine"
is any luxury motor vehicle for hire whose chassis and wheelbase have been lengthened beyond the original manufacturer's specifications, whether at the time of production or after.
"Limousine company"
is any person operating one or more limousines for hire, other than as a driver, regardless of the legal form of the entity and regardless of whether the limousines so operated are owned by the company, leased, or owned by individual members of an entity.
"Operator"
is any person engaged in the business of furnishing or operating a business defined by this ordinance whether upon contract or by offering such service to the public generally.
"Taxi"
is any motor vehicle for hire, other than a limousine or a transportation network company.
"Taxi company"
is any person 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, leased, or owned by individual members of an entity. Taxi companies do not include Transportation Network Companies.
"Transportation network"
is one or more drivers working as independent contractors and utilizing a digital dispatch system and using personal motor vehicles in the provision of transportation services.
"Transportation network company" or "TNC"
is a person that operates or facilitates a transportation network.
"Transportation network vehicle" or "TNV"
is any personal motor vehicle which is used as a vehicle for hire and is part of a transportation network.
"Vehicle for hire"
is any motor vehicle used for the ground transportation of passengers for compensation within the City, including taxis, limousines and transportation network vehicles. The following vehicles shall not be considered as vehicles for hire for the purposes of this Chapter, and are forbidden from operating as a taxi, limousine, or transportation network vehicle: property delivery vehicles used for delivering property exclusive of passenger transportation; shuttle vehicles and buses used for providing passenger transportation over a fixed route and time schedule; courtesy vehicles used by a hotel, motel, car rental company, residential home, parking facility, or other business to transport that business' clients when transportation is secondary to the business' primary purpose and the transportation is free or contained in the general overhead of the business; ambulances equipped and staffed so as to be capable of providing emergency medical services in conjunction with passenger transportation; volunteer-driven vehicles operated by a driver who is reimbursed for basic mileage expenses and who does not receive wages, salary, or other compensation; and non-motorized vehicles such as horse-drawn buggies.
"Vehicle for hire agency"
is a business engaged in furnishing or providing one or more vehicles for hire through a digital dispatch system or by any other means, regardless of whether such business has employees or delivers its services through independent contractors, including a transportation network company.
"Vehicle for hire driver"
is any person who carries on the vocation of driving a vehicle for hire.
(Ord. No. 3518, § 1, 2-11-2019)
This ordinance shall be known and may be cited as the "Vehicle for Hire Services Chapter of the City of Roseburg." The City Council of the City of Roseburg finds and declares that the purpose of this ordinance is to promote the safety and welfare of the general public by regulating vehicle for hire operators and their drivers within the City of Roseburg, as authorized by ORS 221.485 and 221.495. Nothing contained in this ordinance is intended or shall be construed to create any liability on the part of the City, its officers or employees for any injury or damage related to any provision of this ordinance, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this ordinance on the part of the City, its officers, or employees.
(Ord. No. 3518, § 1, 2-11-2019)
A. 
No Operator shall conduct business in the City without obtaining the applicable regulatory license set out in subsection B.
B. 
The City may issue a license to an operator if the company certifies that it is in compliance with all requirements of this Chapter, including but not limited to driver and insurance requirements, operating standards and any other Code requirements, and actually meets all applicable standards and requirements.
C. 
The City may include conditions, restrictions or special provisions in the license, including but not limited to conditions related to routes, times of operation, lighting, alternative requirements or means of meeting requirements, or other conditions, if, in the sole discretion of the City, the applicant's vehicles or operations warrant conditions, restrictions or special provisions.
D. 
The license issued under this Chapter is valid for one year. Any renewal must be approved by the City prior to the expiration date in order for the Operator to continue providing vehicle for hire services within the City.
E. 
The application fee shall be intended to account for the City's costs in administering this Code and shall be set by resolution.
F. 
The application fee shall be paid to the City at the time of submitting both initial and renewal License applications.
G. 
No Operator or Driver shall conduct business in the City without a valid business license.
(Ord. No. 3518, § 1, 2-11-2019)
A. 
Drivers shall be at least 21 years of age and shall possess a valid driver 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 Operator shall maintain accurate, current records for all drivers employed by, contracting with, or otherwise affiliated with the company, including all drivers accessing the 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. Operators shall provide a person in compliance with this section written notice of compliance, who shall then submit the notice to the City as part of the business license application required by Section 9.08.020 (C).
C. 
Prior to permitting a person to operate as a Driver, and annually thereafter, the Operator shall conduct, have a qualified third party conduct, or request the City conduct, a criminal background check; if the City conducts the criminal background check, the Operator will receive a pass/fail result for their driver(s) and will not be required to have these records on file. The criminal background check shall include a search of no less than seven years of 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 any person that has a record of a felony conviction within the previous seven years may not act as a driver. A record of a 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 a criminal background check 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. 
An Operator must revoke a driver's authority to operate as a driver for their company and inform the City if it finds at any time that the standards set forth in this section are no longer being met by the driver. The Operator shall only reinstate a driver upon a finding by the company that all standards are again being met by the driver.
(Ord. No. 3518, § 1, 2-11-2019)
A. 
For all required insurance, Operators 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 requirement of this section shall be satisfied by insurance issued by a license insurer or an eligible surplus lines insurer in the State of Oregon.
C. 
The insurance limits for Operators are subject to statutory changes as to maximum limits of liability imposed on municipalities of the State of Oregon during the permit's term, or other statutory changes.
D. 
The adequacy of insurance coverage is subject to the review and approval of the City.
E. 
Every Operator shall maintain continuous, uninterrupted coverage for the duration of the License and any operations in the City. Any lapse in insurance coverage, even if it is later backdated by the insurance company, is a violation of this chapter.
F. 
Operators shall secure and maintain commercial general liability insurance with limits of not less than $1 million per occurrence and $2 million aggregate for claims arising out of, but not limited to, bodily injury and property damage incurred in the course of operating in the City.
G. 
Taxi Companies operating any motor vehicles shall secure and maintain commercial automobile liability insurance covering those vehicles, with a combined single limit of not less than $1 million 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.
H. 
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.
I. 
Upon City request or as part of an application, TNCs shall provide proof of current valid insurance for City approval covering all affiliated TNC Drivers and vehicles for hire operating for such company and satisfying the minimum requirements of Periods 1, 2 and 3.
J. 
All TNC's 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 coverage during Periods 2 and 3 with minimum liability limits of $1 million in combined single limit coverage for death, personal injury and property damage per incident; and $1 million 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 or vehicle for hire services and shall comply with the laws of the State of Oregon and/or other applicable governing bodies.
K. 
TNC drivers shall be responsible for maintaining all personal automobile liability insurance as required by State law.
(Ord. No. 3518, § 1, 2-11-2019)
A. 
TNCs shall maintain records of all trips made by all drivers for at least one year from the date of the trip. The data may be aggregated and/or anonymized, and shall at a minimum include the locations by ZIP code of trip origination and destination, vehicle miles traveled, trip origination and completion times, trip duration, and passenger wait times from a driver's acceptance of a request for passenger pick-up. The City may require a TNC to enter a data sharing agreement in order to receive a license.
B. 
All vehicles operating for a TNC or Taxi Company shall be clearly marked with the company name or logo. Vehicles operating for a Taxi Company shall include the company name or logo, phone number and a vehicle identification number in plain sight. Vehicles operated solely for TNC services shall be clearly marked as operating for the TNC, although any vehicle marking requirements imposed by a TNC may apply. The TNC's software application or website shall display for the passenger the make, model and license plate number of the TNC vehicle.
C. 
TNC drivers may not accept street hails, and may only accept rides arranged through a TNC's digital network.
D. 
Operators 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 violation of this policy. A company shall immediately suspend a driver upon receipt of a passenger complaint alleging violation of the zero tolerance policy for at least the duration of the investigation of the complaint.
E. 
Operators 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. No. 3518, § 1, 2-11-2019)
The City may audit operators up to two times per calendar year for compliance with this Chapter. Upon request, an operator shall provide the City a sample of records for up to 30 drivers affiliated with the operator that have operated in the 30 days preceding the audit. An audit shall occur at a time and location designated by the City. In addition to an audit, the City may require an operator to produce records related to an investigation of a specific allegation of a violation of this Chapter 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 twice-per-year auditing limit.
(Ord. No. 3518, § 1, 2-11-2019)
In addition to the grounds in Chapter 9.100, the City Recorder may suspend, revoke or refuse to issue a license if an Operator or Driver has violated or not met any of the provisions of sections 9.08.020-9.08.120. A violation includes any failure to meet or maintain any of the requirements or qualifications set forth in section 9.08.020-9.08.120, including the procedures and requirements for obtaining and maintaining a business license, the making of any material misrepresentation, or if an Operator or Driver is otherwise engaged in unlawful activity.
(Ord. No. 3518, § 1, 2-11-2019)
Any Vehicle for Hire Agency License that is current as of the effective date of this ordinance, shall remain valid until December 31, 2019, unless the License holder wishes to apply for a new license under this Chapter.
(Ord. No. 3518, § 1, 2-11-2019)
A. 
Calculation and Display of Charges. All charges for vehicle for hire services shall be calculated and displayed by a taximeter or digital dispatch system. When charges are to be displayed by a taximeter, the taximeter shall be placed in the vehicle for hire so that the reading dial showing the amount to be charged is illuminated and readily discernable to passengers.
B. 
Charges to be Registered Only When Vehicle for Hire Engaged. No taximeter or digital dispatch system shall be operated in a manner so as to cause any charge to be registered thereon except during the time while the vehicle for hire is engaged by a passenger.
C. 
Taximeter or Digital Dispatch System to be in Continuous Operation. No passenger shall be carried in a vehicle for hire unless the taximeter or digital dispatch system is in operation, whether or not the trip is entirely within or partially within and partially without the boundaries of the City. The taximeter or digital display system shall be in continuous operation during the entire time that a passenger is being transported for compensation.
D. 
Specialized Charges. A vehicle for hire agency may impose a specialized charge to carry extra passengers or to deliver goods or other items so long as such specialized charge is clearly calculated and displayed before any service is provided.
(Ord. No. 3518, § 1, 2-11-2019)
A vehicle for hire driver employed to carry a passenger to a definite point shall take the most direct route possible that will carry the passenger safely and expeditiously to the destination.
(Ord. No. 3518, § 1, 2-11-2019)
A. 
It shall be unlawful for any vehicle for hire driver to smoke in the presence of any passenger without the consent of such passenger.
B. 
Notwithstanding subsection (A) of this section, it shall be unlawful for any person to smoke in a vehicle for hire if oxygen tanks or other devices containing inflammable materials are present in the vehicle.
C. 
A violation of this section constitutes a violation.
(Ord. No. 3518, § 1, 2-11-2019)
Every taximeter shall be inspected and tested for accuracy by the vehicle for hire agency at least once every six months.
(Ord. No. 3518, § 1, 2-11-2019)