The City Council of the City of Tigard finds and declares that the purpose of this chapter is to promote the safety and welfare of the general public by regulating transportation network companies and their drivers within the city, as authorized by ORS 221.485 and 221.495. Nothing contained in this chapter is intended or may 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 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, its officers, or employees.
(Ord. 21-07 §1)
"City"
means the City of Tigard, Oregon.
"Transportation network company (TNC)"
means any entity or organization, whether a corporation, partnership, or sole proprietor, that connects passengers with affiliated TNC drivers and TNC vehicles through an Internet-based digital or software platform/application operated by the TNC.
"Transportation network company (TNC) driver"
means any individual operating a private for-hire transportation vehicle who connects with passengers through an Internet-based digital or software platform/application operated by an affiliated TNC.
"Transportation network company (TNC) services"
means any private for-hire transportation offered or provided to passengers for compensation by a TNC driver and TNC vehicle on behalf of or by an affiliated TNC.
"Transportation network company (TNC) vehicle"
means any vehicle driven by a TNC driver to offer and/or provide TNC services.
(Ord. 21-07 §1)
A. 
A transportation network company providing services in the City of Tigard is required to obtain a permit. The city or its designee will certify that all affiliated TNC vehicles and TNC drivers have met all certification and operating requirements. No TNC may conduct business in the city without a valid, current permit issued by the city or its designee.
B. 
Permit Fee. A TNC must pay the city a 50¢ fee per trip originating within the City of Tigard. Revenue generated by fees shall be restricted to city service areas impacted by the operation of TNCs or involved in the regulation and administration of TNC policy including public safety, transportation planning, transportation engineering, transportation capital improvements, and code enforcement; wheelchair accessible vehicle and electric vehicle infrastructure programs; and for costs of administering the program.
C. 
Permit Issuance. The city or its designee will not issue permit to a TNC until all applicable surcharges, fees, civil penalties, and fines have been paid.
(Ord. 21-07 §1)
A. 
TNC Company Certification Requirements. No person or entity may conduct business as a TNC in the City of Tigard without certification by the city or its designee. TNCs not meeting all required standards, conditions and operating requirements will not be certified as a TNC, may not be issued a permit, and may not operate as a TNC.
B. 
TNC Driver Certification Requirements. No person or entity may conduct business as a TNC driver in the City of Tigard without certification by the city or its designee prior to being activated on the affiliated TNC platform. Drivers not meeting all required standards, conditions, conduct and operating requirements will not be certified as a TNC driver and may not operate as a TNC driver.
C. 
TNC Vehicle Certification Requirements. No vehicle is allowed to operate as a TNC vehicle in the City of Tigard without certification by the city or its designee prior to being activated on the affiliated TNC platform. Vehicles not meeting all required standards, conditions and operating requirements will not be certified as TNC vehicle and may not operate as a TNC vehicle.
(Ord. 21-07 §1)
A. 
Application. An applicant for a TNC permit must annually submit to the city or its designee an application on a form approved by the city. The information requested must comply with Portland City Code Section 16.40.210 as adopted and hereafter amended.
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 must comply with TNC insurance requirements pursuant to Section 5.24.060. All TNCs must file a certificate of liability and applicable endorsements with the city that evidences insurance coverage and terms that are in compliance with the requirements.
D. 
Review Process. After receiving a completed TNC application form and upon successful completion of all applicable requirements, the city or its designee will review the application to make a recommendation for approval or denial.
E. 
Application Approval. Upon approval, a TNC permit may be issued and will be valid for a period of up to one year from the date of approval.
F. 
Application Denial. An application will be denied for any of the reasons set forth in Portland City Code Section 16.40.210 as adopted and hereafter amended.
G. 
Denial Appeal. If the application is denied, the applicant TNC may appeal the decision in accordance with Portland City Code Section 16.40.210 as adopted and hereafter amended.
H. 
Providing TNC Services. TNC services may be provided only by a permitted TNC.
I. 
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.
J. 
Transferring Permits. Transferring or sale of permits is prohibited.
K. 
Removal of TNC drivers and TNC vehicles from Affiliated TNC Platform. Each day, a TNC will provide to the city or its designee 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.
(Ord. 21-07 §1)
A. 
TNC Service Periods Defined. In order to provide protection to the public, the TNC will provide the levels of insurance as required by this section. TNC service is defined by three distinct periods:
1. 
Period 1: The TNC driver has logged into the app. The app is open and the driver is waiting for a match.
2. 
Period 2: A passenger match has been accepted, the passenger is not yet picked up (i.e., the driver is on their way to pick up the passenger).
3. 
Period 3: The passenger is in the vehicle and until the passenger exits the vehicle at the destination.
B. 
Providing TNC Services. All periods of TNC service must be covered by a general commercial liability and primary automobile insurance policy provided by the TNC, the TNC driver, or a combination of both. Evidence of TNC insurance requirements must be received and approved by the city or designee prior to a TNC receiving a TNC permit.
C. 
Additional Insured and Notification of Policy Changes. The TNC will provide certificates of insurance naming the City of Tigard, its officers, agents, and employees as an additional insured party and give at least 30 calendar days' notice to the city or its designee before a policy is canceled, expires, or has a reduction in coverage. Insurance coverage requirements include commercial general liability, primary commercial vehicle insurance, worker's compensation and employer's liability insurance (as required by state law).
D. 
Ensuring Driver and Vehicle Insurance. TNC drivers are responsible for ensuring appropriate personal motor vehicle liability insurance required by state law.
E. 
Required Insurance. TNC permit holders will secure and maintain a commercial general liability policy for covered claims arising out of, but not limited to, bodily injury and property damage, in the course of the permit holder's work under a TNC permit and automobile insurance. The required automobile liability policy must specifically recognize the driver's provision of TNC services or other for hire transportation and comply with the mandatory laws of the State of Oregon or other applicable governing bodies. In addition, all insurance coverages, policies, conditions, and requirements will comply with the provisions of Portland City Code Section 16.40.230 as adopted and hereafter amended.
F. 
Certification of Auto Insurance. TNCs must provide proof of current, valid insurance for city certification covering all affiliated TNC drivers and vehicles operating for such company and satisfying the minimum requirements of Periods 1, 2 and 3 in the event the insurance maintained by the driver has lapsed or does not provide the required coverage.
G. 
Continuous and Uninterrupted Coverage. The permit holder must maintain continuous, uninterrupted coverage for the duration of the permit. Any lapse in insurance coverage, even if it is later backdated by the insurance company, is subject to a civil penalty or permit cancellation.
(Ord. 21-07 §1)
A. 
Minimum Standards of Service. A permitted TNC must comply with the minimum standards set forth by the city which include, but are not limited to:
1. 
A TNC app in operation 24 hours each day capable of providing reasonably prompt service in response to requests. It is a rebuttable presumption that any time beyond 30 minutes from the moment the passenger requests a ride using the TNC application, is unreasonable.
2. 
Acceptance of any request for TNC service received from any location within the city including requests made by persons with disabilities and requests for wheelchair-accessible service pursuant to Section 5.24.080.
3. 
The TNC app used to connect drivers to riders must display an accurate picture of the TNC driver and a picture or description of the type of TNC vehicle, as well as the license plate number of the TNC vehicle.
B. 
Drug, Alcohol and Discrimination Policy.
1. 
Zero Tolerance for Drug and Alcohol Use and Discrimination. All permitted companies will employ at all times a zero-tolerance policy for intoxicants.
2. 
Zero-Tolerance for Discrimination. All permitted companies will adopt a policy that, at a minimum, prohibits drivers and employees from engaging in discrimination, to include making derogatory comments, on the basis of a person's race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic protected under applicable local, state, or federal law. This policy must comply with Portland City Code Section 16.40.240 as adopted and hereafter amended.
C. 
Limitation or Prohibition on Dynamic Pricing. The city may limit or prohibit dynamic pricing by any TNC or TNC driver during a State of Emergency, as declared pursuant to Chapter 7.74.
D. 
Agent of Service Requirements. TNCs will maintain, during all times when the TNC permit is valid, a locally based agent of service, with regular hours of business during weekdays. TNCs will comply with all operational requirements, including prohibitions and data reporting, as set forth in Portland City Code Section 16.40.240 as adopted and hereafter amended.
E. 
The TNC must notify the city of a known data security breach in the same manner as provided in ORS 646A.600 to ORS 646A.628.
(Ord. 21-07 §1)
TNCs will provide reasonable accommodations to passengers with disabilities, including to passengers accompanied by a service animal, passengers with hearing and visual impairments, and passengers with mobility devices as provided by Portland City Code Section 16.40.290 as adopted and hereafter amended.
(Ord. 21-07 §1)
The TNC will provide a daily list of applicant drivers affiliated with the permitted TNC for certification by the city or its designee. Certifications for TNC drivers provided by a TNC shall be valid for one year from the date of the initial certification. Such requirements and certification process are set forth in Portland City Code Section 16.40.270 as adopted and hereafter amended.
(Ord. 21-07 §1)
A. 
TNC drivers must comply with the conduct and operating requirements of Portland City Code Section 16.40.280 as adopted and hereafter amended.
B. 
Mandatory Compliance. TNC drivers must submit to compliance audits and enforcement actions upon request by the city or its designee, any authorized city personnel, or law enforcement officers.
(Ord. 21-07 §1)
A. 
TNC vehicles must comply with the certification requirements of Portland City Code Section 16.40.250 as adopted and hereafter amended.
B. 
TNC vehicles must comply with the vehicle operating requirements of Portland City Code Section 16.40.260 as adopted and hereafter amended.
(Ord. 21-07 §1)
A. 
The city may enter into an intergovernmental agreement (IGA) with the City of Portland (Portland) to perform any of the functions, tasks, and services necessary to carry out the provisions authorized by this chapter, either in full or in part. The terms of that agreement may not be construed as repealing any provision of this chapter.
1. 
TNCs operating in the city will provide Portland all required ride data and driver information necessary to successfully certify and recertify city TNC drivers and issue TNC company permits, TNC driver and TNC vehicle certifications in conformance with Portland City Code Chapter 16.40, as adopted and hereafter amended. The city will receive ride data and driver information from Portland only as the data and information pertains to operations in Tigard pursuant to applicable data sharing agreement.
2. 
The city will recognize all existing TNC drivers permitted to operate in Portland as permitted drivers, adopt the current dates for TNC driver certification and background check compliance for each permitted Portland TNC driver, and adopt the current permit status for each permitted TNC company.
3. 
The city will recognize all existing TNC vehicles permitted to operate in Portland as permitted vehicles, adopt the current dates for TNC vehicle certification, and adopt permit status for each permitted TNC vehicle.
4. 
The city will recognize all TNC companies permitted to operate in Portland as permitted TNC companies, adopt the current dates for the TNC company certificate, and adopt permit status for each permitted TNC company.
5. 
TNC companies, TNC drivers, and TNC vehicles certified and recertified by Portland after the effective date of this chapter will be issued a permit authorizing the TNC driver, TNC vehicle, and TNC company to operate in the city so long as all applicable standards, conditions and operating requirements continue to be met.
B. 
A TNC company that complies with the standards, conditions, and operating requirements set out in Portland City Code Chapter 16.40, as adopted and hereafter amended, will be deemed to be in compliance with the equivalent city provision set out in this chapter.
(Ord. 21-07 §1)