Accessible Vehicle.
Any public passenger vehicle for hire that is constructed
and equipped to meet ADA standards for the nonemergency transportation
of persons in wheelchairs, persons using other mobility aids, or with
other mobility impairments.
ADA.
Americans with Disabilities Act.
Business.
Any business, institution, association, occupation, and calling
of every kind.
Charter Vehicle.
A motorized vehicle originating from the Eugene/Springfield
metropolitan area, marked with the company’s business name,
operated for hire to transport a group of seven or more persons with
the fare based on a group rate rather than an individual basis.
Club Car Service.
Vehicular passenger transportation service provided by a
business to club members or by a residence home to its residents.
Courtesy Car Service.
Vehicular passenger transportation service provided by a
business to its clients or customers at no cost.
Employee.
Any person employed for remuneration or under any contract of hire, written or oral, express or implied, including independent contractors. All persons who drive public passenger vehicles, including any person who has an ownership interest in the company, shall be considered employees of the public passenger vehicle company for purposes of sections
7.330 to
7.332.
Hailable Vehicle.
A vehicle-for-hire that can be immediately summoned by a
passenger without the use of any dispatch.
Manager.
Any person in charge of the operation or management of the
public passenger vehicle company, any person who can direct or control
the activities and scheduling of the company’s employees, and
any person who can hire or fire the company’s employees.
Motorized Vehicle.
A public passenger vehicle other than a horse-drawn carriage
or a nonmotorized bike cab.
Operator.
Any person who is a principal in a public passenger vehicle
company. A principal includes all owners, shareholders, partners,
directors, officers and managers.
Public Passenger Vehicle.
Any vehicle which is used for the transportation of passengers for hire, including, but not limited to, shuttles, horse-drawn carriages, non-motorized bike cabs, and taxicabs. However, the following shall not be considered public passenger vehicles for purposes of sections
7.330 to
7.332:
(1)
Vehicles, other than shuttles, operated pursuant to written
authority by the city, state or federal governments, or political
subdivision thereof;
(2)
Vehicles commonly known as rent-a-cars, that are rented to be
driven by the renter or agent;
(5)
First aid vehicle or medical transport vehicle; and
Public Passenger Vehicle Driver.
An employee of a public passenger vehicle company that operates
a vehicle-for-hire by transporting passengers for compensation.
Shuttle.
A motorized vehicle for hire that transports passengers between
predetermined destinations (e.g., motels, airport, downtown passenger
station), at fixed rates on a fixed schedule.
Taxicab.
A motorized vehicle that is operated for hire by the public
passenger vehicle company, other than a shuttle, limousine, or charter.
Taximeter.
A mechanical or electronic device which calculates and displays
a fare.
Tour Bus.
A motorized vehicle accepting individual passengers for a
fare for sightseeing or guided tours, making occasional stops at certain
points of interest and returning the passengers to their point of
origin.
Transportation Network Company.
A person or business that provides a digital or software
application scheduling platform or service that enables a prospective
passenger to connect to a vehicle-for-hire.
Transportation Network Driver.
An employee of a transportation network company that operates
a vehicle-for-hire by transporting passengers for compensation utilizing
the Transportation Network Company’s digital or software application
scheduling platform or service.
Vehicle-For-Hire.
A vehicle used for providing shared transport, which transports
one or more passengers for a fee between locations of the passengers’
choice, including, but not limited to, all public passenger vehicles.
[Section 7.330 amended by Ordinance No. 6355, enacted July 18, 2016]
(1) Licensure
Requirements.
(a) No
person or business may operate a public passenger vehicle or vehicle-for-hire
company without a public passenger vehicle company license; however,
an unlicensed vehicle-for-hire operating outside the jurisdictional
limits of Eugene and Springfield may deliver a fare from outside those
limits to a location within the limits, and if the vehicle waits for
the person, retrieve the person for the return trip back outside the
jurisdictional limits. No unlicensed public passenger vehicle company
may solicit or accept any passenger within the city limits except
as provided in this subsection.
(b) No
person or business may connect, or attempt to connect, a prospective
passenger to a vehicle-for-hire by providing a digital or software
application scheduling platform or service without first obtaining
a public passenger vehicle company license.
(c) Unless
driving a vehicle-for-hire for a person or business that has obtained
a public passenger vehicle company license, no person may drive a
vehicle-for-hire without first obtaining a public passenger vehicle
company license.
(d) No
person or business required to obtain a public passenger vehicle company
license may solicit or accept any passenger within the city limits
except as provided in this subsection.
(2) No person or business required under subsection
(1) of this section to obtain a public passenger vehicle company license may operate a motorized vehicle that lacks a public passenger vehicle permit.
(3) No person
may drive a motorized vehicle-for-hire, and no vehicle-for-hire company
may hire a person as a driver, either as an employee or an independent
contractor, unless that person possesses a valid public passenger
vehicle driver certification. Notwithstanding the foregoing, a person
who has applied for such a certification may drive a taxicab if the
person has obtained from the city a temporary certification; such
certification shall not be valid for more than 30 days, or until the
city grants or denies the person’s application for a public
passenger vehicle driver certification, whichever is sooner.
(4) No public
passenger vehicle company may locate any part of its operation in
a residential zone unless expressly authorized by the city manager
or designee pursuant to the Springfield Municipal Code or the Eugene
Code.
(5) All persons and businesses required to obtain a public passenger vehicle company license under subsection
(1) of this section shall provide the city manager or designee with written notice of the maximum rate to be charged passengers. No public passenger vehicle company shall change its maximum rate without first providing the city manager or designee with a minimum of 10 days’ advance written notice of the new rate. No public passenger vehicle company shall charge more than the rate on file with the city. Upon request, the city manager may exempt, by administrative order, a public passenger vehicle company from the provisions of this section if the public passenger vehicle company does not operate any taxicabs.
(6) The
actual fare charged for each trip by a taxicab shall not exceed the
higher of either:
(a) The
meter calculated rate, including authorized and posted surcharges;
or
(b) The
minimum fare as posted on the interior and exterior of the vehicle.
(7) The
city manager or designee shall adopt rules setting standards and establishing
requirements for vehicle-for-hire companies, vehicles-for-hire, public
passenger vehicle drivers and transportation network drivers; and
the issuance of licenses for companies, permits for vehicles, and
certifications and temporary certificates for drivers. Such rules
shall be consistent with this code and be designed to ensure that
the public safety is protected, the public needs are met, and the
public convenience is promoted.
(8) In addition
to requirements established by rule to obtain a license, each public
passenger vehicle company must designate a registered agent who may
be served with any process, notice or demand required or permitted
by law to be served upon the company. The registered agent shall be
an individual or business located in Eugene or Springfield, and must
be available for service of legal process during all hours that the
public passenger vehicle company is in operation.
(9) The
term for a license issued hereunder shall commence on January 1st
and expire on December 31st of the year issued. The license fee for
applications received after January 1st shall be prorated on the basis
of that term. An application for extension or renewal of an existing
license must be submitted by November 1st, accompanied by the required
license fee. Failure to submit the license fee with the extension
or renewal application, or to pay the same before the end of the current
license term may result in the licensee being required to submit a
new application and pay an application fee. A licensee who submits
an extension or renewal application after November 1st may be assessed
a penalty fee of $10.00 per day for each day between November 1st
and the date the application is submitted.
[Section 7.332 amended by Ordinance No. 6355, enacted July 18, 2016]