HomeMy WebLinkAboutAdmin Order 53-18-08-FADMINISTRATIVE, ORDER NO. 53-18-08,-F
of the
City Manager of the City of Eugene
AMENDMENT OF PUBLIC PASSENGER 'V"EHICLE, SERVICES
ADMINISTRATIVE RULE R-3.345, AND REPEAL OF
ADMINISTRATIVE ORDER NO. 53-16-03-F.
The City Manager of the City of Eugene finds that:
A. Pursuant to the authority contained in Sections 2.019 and 3.345 of the Eugene
Code, 1971, Public Passenger Vehicle Services Administrative Rule R-3.345 was established in
1991, and has subsequently been amended, most recently by Administrative Order No. 53-16-03-
F on May 7, 2016..
B. It is necessary to amend Public Passenger Vehicle Services Administrative Rule
R-3.345 due to recent amendments to the Public Passenger Vehicle Code (EC 3.345).
C. On June 8, 2018, I issued Administrative Order No. 53-18-08, proposing to amend
Public Passenger Vehicle Services Administrative Rule R-3.345 in order to align the Rules to the
recent Code amendnientS.
D. Notice of the proposed amendments was ,given by making copies of the Notice
that was attached as Exhibit A to Administrative Order No. 53-18-08 available to all current
licensees, to any person who had requested such notice, and by publication of the Notice in the
Register Guard Newspaper on June 14, 15, 16, 17 and 18, 2018. The Notice provided that
written comments be submitted within 15 days of the first date of publication of the Notice.
BASED UPON the above findings, the findings in Administrative Order No. 53-18-08,
and the findings set forth in Exhibit A to this Order that consider the submitted written
comments, pursuant to the authority contained in Sections 2.019 and 3.345 of the Eugene Code,
1971, I order that:
1. The Public Passenger Vehicle Services Administrative Rule R-3.345 is amended
as set forth below.
2. Administrative Order No. 53-16-03-F is repcalcd as of the effective date of this
Order.
PUBLIC PASSENGER VEHICLE, SERVICES ADMINISTRATIVE RULE R-3.345
R -3.345-A DEFINITIONS.
As used herein, the following words and phrases mean;
Accessible Vehicle. Any public passenger vehicle -for -hire that is constructed and
equipped to meet ADA standards for the non -emergency transportation of persons in
wheelchairs, persons using other mobility aids, or with other mobility impairments.
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ADA. Americans with Disabilities Act.
Airport Door to Door Shuttle Service. A motorized vehicle that is either a van or bus
with the capacity to transport at least six passengers and their Iuggage, used only for the
transportation of passengers to and from the Eugene Airport with fares based on zone rates. An
Airport moor to Door Shuttle shall comply with all requirements of this Mule applicable to public
passenger vehicles, except as specifically provided in R -3.345-C.
Business. Any business, institution, association, occupation, and calling of every bind.
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.
I)i,Datch. Any communication system that conveys passenger ride requests to a driver of
a vehicle -for -hire.
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 this Rule.
Hailahle Vehicle. A vehicle -for -hire that can be inu-nediately summoned by a passenger:
without the use of any dispatch.
Horse-drawn Vehicle. Any vehicle which is operated or pulled by horse, mule, or any
other beast of burden.
Limousine. An unmarked luxury class motor vehicle that is operated for hire on a
reserved, hourly basis, and used on a prearranged basis for special or business functions,
weddings, funerals or similar purposes.
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 lire the company's employees.
Motorized Vehicle. A public passenger vehicle other than a horse-drawn carriage or a
pcdicab.
Operator. Any person who is a principal in a public passenger vehicle company. A
principal incudes all owners, shareholders, partners, directors, officers and managers.
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Pedal Vehicle. Multi -passenger, four -wheeled public passenger vehicle that is powered
by passengers, with the steering and braking controlled by the driver.
Pedicab. Any vehicle which is operated or pulled by a bicycle. For purposes of this
Rule, pedal vehicles are not pedicabs.
Public Passenger Vehicle. Any vehicle which is used for the transportation of
passengers for hire, including, but not limited to, shuttles, horse-drawn carriages, pedicabs, and
taxicabs. However, the -following shall not be considered public passenger vehicles for purposes
of this Rule:
1. 'Vehicles operated pursuant to written authority by the City, state or federal
goverm-nents, or political subdivisions thereof,
2. Vehicles commonly known as rent -a -cars, that are rented to be driven by
the renter or his or her agent;
3. Courtesy car services;
4. Tour bus services;
5. First aid vehicles, as that term is defined in Section 3.005 of the Eugene
Code, 1971;
6. Club car services; and
7. Limousines.
Public Passenger Vehicle Compan . Any business which operates one or more public
passenger vehicles, regardless of who owns the vehicles operated.
Public Passenger Vehicle Driver. An employee or independent contractor 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, and 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.
Taxi Meter. A mechanical or electronic device which calculates and displays a fare.
Tour Bus. A motorized vehicle accepting individual passengers for a faT6 for sightseeing
or guided tours, making occasional stops at certain points of interest and returning the passengers
to the point of origin.
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Trade Dress. Unique visual element associated with a non-hailable vehicle -for -hire
company that is attached to a vehicle affiliated with the non-hailable vehicle -for -hire company so
the public and passengers can identify the vehicle as being associated with that particular non -
bailable vehicle -for -hire company.
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 or independent contractor 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.
Transportation Network Vehicle. A vehicle -for -hire operated by a transportation
network driver.
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 and all transportation network vehicles.
Vehicle -for -Hire Company. All public passenger vehicle companies and all
transportation network conipanies.
R-3.345-13 APPLICATION.
1. No person or business may operate a vehicle -for -hire company without first
obtaining a public passenger vehicle company license.
2. An application for a public passenger vehicle company license shall be submitted
on a -form provided by the City, and shall include, at a minimum, all of the following:
(a) Name, address, telephone number, and e-mail address of the applicant. If
the applicant is a business entity, corporation, partnership, association or other
organization, 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 Eugene ("Authorized Representative") or to bind the legal entity in dealings with third
parties;
(b) Type of business;
(c) Business narne;
(d) Registered agent;
(e) Method of calculating customer fare, i.e, meter calculated rate or posted
minimum, or smartphone application calculated rate;
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(f) 'Type of dispatch system to be used;
(g) Description and amount of surcharges to be charged customers;
(h) Description and amount of discounts to be offered to customers;
(i) A completed personal history form for Authorized Representative(s);
(j) Proof of compliance with insurance requirements set forth. in R -3.345-C;
(k) A signed statement that the licensee shall defend, indemnify and hold
harmless the City, its officials, agents, and employees for all claims of injury to property
or persons that may arise as a result of any activity carried on by the licensee;
(1) If a hailable vehicle, the proposed color scheme;
(m) If a non -bailable vehicle, the proposed trade dress; and,
(n) A non-refundable application fee.
R-3.345 -C STANDARDS AND REQUIREMENTS FOR ALL PUBLIC PASSENGER
VE111CLE COMPANIES AND ALL TRANSPORTATION NETWOlUe,
COMPANIES.
1. General Requirements.
(a) Non -Discrimination. All vehicle -for -hire companies shall prohibit
drivers and employees from engaging in discrimination, on the basis of a person's race,
religion, national origin, disability, sexual orientation, sex, marital status, gender identity,
age, citizenship status, or any other characteristic protected under applicable local, state,
or federal law. Such discrimination includes, but is not limited to, refusing to provide or
accept services based on any of these characteristics.
(b) Eugene Airp,or . No vehicle -for -hire company and no driver of a
motorized vehicle -for -hire shall respond to a request for service from the Eugene Airport
unless it is authorized to do so by a ground transportation activity permit issued by the
Airport Manager.
2. Insurance.
(a) Insurance Coverages and Limits. Every public passenger vehicle:
company license holders must obtain, comply with, and maintain the minimum levels of
insurance coverage outlined below during the entire term that the license is valid:
(1) Commercial General Liability Insurance. All public passenger
vehicle company license holders must secure and maintain a Commercial General
Liability policy for no less than $2,000,000 per occurrence for claims arising out
of, but not limited to, bodily injury, property damage, personal and advertising
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injury, and contractual liability in the course of the permit holder's work under a
for -hire transportation company permit.
(2) Commercial Automobile Liability Insurance Mailable), Public
passenger vehicle company license holders providing bailable vehicle
transportation services, regardless of whether the company holds title to a vehicle
or not, must provide the City with a copy of a valid Commercial Automobile
Liability Insurance for no less than $1,000,000 per occurrence for claims arising
out of, but not limited to, bodily injury and property damage incurred from the
business use of any scheduled, non -owned, and hired automobile in the course of
the vehicle's use as a for -hire transportation vehicle. The Commercial
Automobile Liability Insurance policy must comply with the mandatory laws of
the State of Oregon and/or other applicable governing bodies,
(3) Commercial Automobile� _IJabi1it_lnsurance an-Hlailabl_ee).
Public passenger vehicle company license holders providing non-hailable vehicle
transportation services must provide the City with proof that the public passenger
vehicle company maintains the following coverage:
a. Primary insurance coverage during Period I 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; and,
b. Primary insurance coverage during Periods 2 and 3 with
minimum. liability limits of $1,000,0,00 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.
For the: purposes of this section, "Period V means that the driver has logged into
the App or is connected to the digital network, but has not yet accepted a request
for a fide from the passenger, "Period 2" means that a passenger match has been
accepted, but the passenger is not yet picked up, and "Period 3" means that the
passenger is in the vehicle. The public passenger vehicle company license holder
providing non-hailable vehicle transportation services, such as a Transportation
Network. Company, shall provide proof of current, valid insurance covering all
affiliated drivers and vehicles operating for such company and satisfying the
rninimum 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.
3. Records Maintained.
(a) Employee Records. All public passenger vehicle company licensees
using motorized vehicles shall keep a personal history record of all persons who drive
public passenger vehicles, including any person who has ownership interest in the
company, and those records shall contain:
(1) The complete legal name and all other names by which the
employee is or has been previously known;
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(2) The employee's date of birth, height, weight, hair and eye color,
Oregon driver's license number, place of birth, and social security number;
(3) The employee's current address and his/her previous addresses for
the past 5 years, including the dates of residence at those addresses; and,
(4) Any arrest, charge, or conviction of a vehicle -for -hire driver for
any criminal offense involving theft, robbery, burglary, assault, sex crimes, drugs,
or prostitution; any restriction, suspension or revocation of the driver's motor
vehicle driver's license; and any arrest or conviction for any criminal offense of
any affiliated driver involving the operation of a vehicle -for -hire.
(c) Service Recient Records. All public passenger vehicle company
licensees, including those using non -motorized vehicles, shall maintain a record of all
services provided and those records shall include:
(1) A log or digital record showing a record of every trip, in a form
approved by the City Manager or designee; and,
(2) A log or digital record showing every service request and
subsequent dispatch.
(d) Complaint Records,. The operators of all public passenger vehicle
companies shall maintain a record of all complaints lodged against the operator's
company and/or personnel. Those records shall reflect:
(1) The complaining party or parties by name, address, and telephone
number;
(2) The incident date of the complaint and a summary of the complaint
allegation;
(3) "I'he name(s) of personnel complained against; and,
(4) A summary of the complaint inquiry and the outcome and
company actions as a result of that inquiry.
(e) Tenure of Record Maintenance. Service recipient and complaint records
shall be kept for a period of three years after the last date of service or complaint.
Employee records, shall be kept throughout the period of active employment and for a
period of one year after tcrinination of employment.
(f) Data Requirements. Public passenger vehicle companies 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 or anonymised, and shall include, at a minimum, the location by
Zip Code of the trip origination and destination, trip routes, vehicle miles traveled, trip
origination and completion times, trip duration, and passenger wait times from a driver's
acceptance of a request of passenger pick up. The City may require a public passenger
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vehicle company to enter a data sharing agreement in order to receive a public passenger
vehicle company license.
R -3.345-D STANDAIMS FOR ALL VEHICLES FOR HIRE.
1. Vehicle Maintenanee Requirements. Each vehicle shall be kept clean, of good
appearance, in good repair, properly equipped, and in a safe condition. To insure the safe
condition and maintenance of all motorized vehicles, the following requirements apply to all
vehicles -for -hire:
(a) Minimum Standards. At a ininimum, every vehicle -for -hire shall
comply with the -following standards:
(1), No visible damage to the body or glass;
(2) Interior of vehicle (including trunk) shall be maintained in a
condition that is free of dirt, grease and trash. Upholstery shall be free of rips and
tears and head liner shall be intact;
(3) Vehicles shall be equipped with properly installed and maintained
heating and air conditioning systems adequate to provide sufficient passenger
comfort for weather conditions;
(4) Vehicles shall be equipped with properly installed and maintained
exhaust systems, void of excessive leakage of gases at any point from motor to
point discharged from system that would affect the safe carriage or comfort of
passengers.
(b) Regular Inspections. All vehicles -for hire shall be inspected regularly,
but no less often than every twelve months, by a commercial automobile garage. Said
garage shall not be owned nor operated by the operator or employees of the public
passenger vehicle company, nor shall employees of the garage also be employees of the
public passenger vehicle company. At the completion of the inspection, the garage shall
certify, on a fore provided by the City, that the vehicle is safe. A copy of that
certification shall be included with the driver certification application -filed with the City.
Failure to timely file the safety certification shall be grounds for suspension of the permit.
2. Vehicle Information Requirements. All vehicles -for -hire shall comply with the
following identification requirements. Vehicles not in compliance with these requirements shall
not be used for carrying passengers.
(a) Mailable Vehicle Interior Information. All hailable vehicles shall
prominently display the company's name, vehicle license number, vehicle permit number,
type of vehicle permit issued, operator complaint telephone number, City complaint
telephone number, current rates of fare, including any authorized surcharge, minimum
charge, or discount availability. The interior identification shall be readable by all
passengers (with normal vision) at all times and shall not be placed on windows.
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(b) Non-Hailable Vehicle Exterior Information. Trade dress signage is
required for non-hailable vehicles in operation at all times. The trade dress signage shall
be clearly visible and shall be placed on the interior or exterior of the vehicle body, but
not on the roof and shall not obscure any of the driver's views, vehicle lights, or the view
of any mirrors, and it cannot exceed four square feet.
(c) Hailable Vehicle Exterior Information. The exterior of hailable vehicles
shall include:
(1) All hailable vehicles shall identify the name of the company on the
exterior right and 1cft sides of the vehicle. The exterior information may be
displayed in a non -permanent manner (such as a magnet) but must be in letters
and numbers not less than two (2) inches in height and must be a light color on a
dark background or a dark color on a light background.
(2) A top light indicating the name of the taxicab company, except for
vans modified in height to accommodate a wheelchair lift, or any other taxi
vehicle with a height that would render a top light difficult to see. The City
Manager may waive the top light requirement for a taxicab providing the taxicab
is otherwise marked as required herein, no risk to the public safety is created by
doing so, and failure to do so would subject the applicant to undue hardship. Any
vehicle that requires a top light and that is initially licensed by the City after April
1, 2016, shall have the light illuminated when the vehicle is available to accept a
hailing passenger and shall have the light turned off when the vehicle is not
available to accept a hailing passenger,
(3) Its current rates and minimum charges on the left and right exterior
sides in letters and numbers not less than one (1) inch in height and shall be a
light color on dark background or a dark color on a light background.
(4) Its permit number at a readily visible location on the rear of the
vehicle, in numbers not less than two (2) inches in height and shall be a light color
on a dark background or a. dark color on a light background.
(5) Exterior information shall not be placed on vehicle windows Unless
the vehicle is a station wagon and placement of the rates on the sides would make
them illegible. In that event, the rates, may be placed on the rear side windows
only.
(d) Color Scheme for Hailable Vehicles, Each public passenger vehicle
company that will operate a hailable vehicle shall designate the color scheme desired for
the vehicles to be operated under such license. In the event there is a dispute between
two or more licensees or applicants wishing to use the same or a similar color scheme,
the City Manager or designee shall designate the color scheme assigned to each licensee
or applicant, based on the following criteria:
(I) 'rhe length of time the company has used the color scheme;
(2) The degree to which the company name is associated with the
color,
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and the color scheme shall then be placed on file with the City. Thereafter, all hailable
vehicles shall be painted and maintained to correspond to the color scheme of the licensee
under which such vehicle is authorized to operate. No person. shall operate a hailable
vehicle of an unauthorized color scheme.
3. Vehicle j_ E(Lui)ment.
(a) Every vehicle shall be equipped with:
(1) Such safety equipment as is required by state and federal law, by
the Eugene Code, 1971, and by these regulations;
(2) Working seat belts or other restraining devices for the driver and
every passenger. The number of passengers will be restricted to the total number
of seats with worl<,ing seat belts;
(3) A standard first aid kit; and,
(4) A hands-free accessory for mobile devices.
(b) In addition to subsection (a), hailable vehicles shall be equipped with a
taxi meter which shall be programmed with one rate only, shall be maintained in good
repair at all times, and shall be located so as to be readily visible to passengers within the
vehicle.
(c) It is recommended, but not required, that vehicles be equipped with a fire
extinguisher of a IAIOBC or 2AIOBC, 21/2 lb. type, secured and reasonably accessible to
the driver.
4. Vehicle Age Restrictions. Except for accessible vehicles and vehicles licensed
by the City prior to April 1, 2016, the vehicle -for -hire's model year shall be no more than fifteen
(15) years of age prior to the date of the annual license application. For example, vehicles
permitted effective July 1, 2018, must be 2003 models or newer.
R -3.345-E STANDARDS FOR DRIVERS OF MOTORIZED VEHICLES FOR HIRE.
1. Certification Required.
(a) No person may drive a motorized vehicle -for -hire without first obtaining a
driver certification card issued by the City. An application for a driver Certification card
shall be submitted on a form provided by the City, together with a non-refundable
application fee.
(b) An applicant for driver certification must be at least 21 years of age and
possess a valid state -issued driver's license.
(c) The driver certification card is the property of the City and shall be
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surrendered to the City upon suspension, revocation or expiration of certification.
(d) The driver certification card shall be nontransferable.
(e) An application for a driver certification card will be denied, or an issued
driver certification card revoked, in accordance with EC 3.050.
2. Reg pirem ents/Responsibilities of Driver.
(a) A driver shall:
(1) Obtain and maintain a valid driver certification card frorn the City;
(2) Report to the City in writing within ten days any formal charges
for any crime, infraction or offense;
(3) Report to the City within ten days any changes in employment
status or employers;
(4) Display the driver certification card or display a clearly readable
statement that the driver certification card is available upon request. The card or
statement is displayed when it is: (1) posted within the passenger.• compartment of
the public passenger vehicle being driven by the certification card holder; or, (2)
posted as part of the App used to connect the certification card bold to the rider.
If the driver certification card is not posted within the vehicle, a driver must carry,
and have available to provide when requested, the valid original driver
certification card;
(5) 'Fake the most direct route possible that will carry the passenger
safely and expeditiously to his/her requested destination, unless otherwise
requested;
(6) Upon request by the passenger, provide a receipt for services;
(7) Not use any lighted smoking instrument or device, or use oral
tobacco products (i.e., chewing tobacco);
(8) Not charge a fare higher than that posted inside the vehicle or the
smartphone displayed fare that was accepted by the passengers; and,
(9) Wear a scatbelt while operating or riding in the vehicle.
(b) A driver of a public passenger vehicle shall not work as a driver for more
than twelve hours without taking a six hour break.
(c) A driver shall be deemed to be working as a driver within the terms of this
subsection whenever he/she is available to accept a passenger, traveling to pick up a
passenger, transporting a passenger, and traveling away from a passenger's destination.
Both drivers and companies shall be responsible for violations and subject to, enforcement
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action.
(d) Drivers of Non-Hailable, 'Vehicles for Hire. In addition to subsection (a)
and (b), a driver• of a vehicle that cannot be hailed, such as a transportation network
driver, shall:
(1) Provide only pre -arranged rides;
(2) Provide rides only to passengers that have affirmatively
acknowledged and accepted the estimated fare for the ride;
(3) Not provide rides to hailing passengers;
(4) Not solicit passengers at a for -hire stand;
(5) Not occupy commercial, for taxi only, parking spaces; and,
(6) Carry personal automobile liability insurance, as required by state
R -3.345-F SPECIFICS FOR HAILABLE VEHICLES.
1. Minimum Standards. Any public passenger company operating a hailable
vehicle shall maintain the following minimum standards:
(a) The capability of providing reasonably prompt service in response to
requests received by telephone, either independently or through cooperative dispatching
with other licensees; and,
(b) Facilities and personnel sufficient to insure that the requirements of the
Eugene Code, 1971 and these regulations are met by every hailable vehicle operated in
the company.
2. Public Passenger Vehicle Zones. Where public passenger vehicle zones have
been designated by the City.
(a) No driver of any bailable vehicle shall make repairs to any vehicle white
parked in a public passenger vehicle zone.
(b) No hailable vehicle driver shall leave his or her vehicle unattended in a
public passenger vehicle zone adjacent to a fire hydrant for any reason. No person shall
leave a public passenger vehicle unattended in any other public passenger vehicle zone
except when assisting passengers to enter or alight from the taxicab or carry their
baggage or when delivering packages, and then for no more than 20 minutes.
3. Vehicle Perinit Required.
(a) No operator shall put into service, nor shall any employee drive, any
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hailable vehicle except for vehicles which have public passenger vehicle permits from the
City.
(b) No vehicle shall be eligible for a public passenger vehicle permit unless
the vehicle has passed a safety inspection within 30 days prior to the filing of an
application, whether for a new or renewed permit.
(c) No vehicle permit shall be transferrable.
R -,3.345-G SPECIFICS FOR SHUTTLES AND AIRPORT DOOR TO DOOR
SHUTTLE SERVICE.
i. No shuttle may operate without first receiving the appropriate permit(s) and filing
its trip schedule with the city and posting the same at points of trip origin.
2. No airport door to door shuttle service may operate without first receiving the
appropriate peri-nit(s). An airport door to door shuttle service, its operator, and driver shall
comply with the provisions of this rule applicable to public passenger vehicles, operators and
drivers, except as specifically modified in this Section R -3.345-G.
(a) An airport door to door shuttle service operator shall provide service only
between the Eugene Airport and specifically designated zones.
(b) An airport door to door shuttle service operator shall demonstrate
sufficient experience within a related ground transportation field, such as airport shuttle
operations, taxi service or hotel/motel courtesy vans prior to issuance of a permit.
(c) Only vans or buses with a capacity to carry six or more passengers and
their luggage, and shall be used to provide airport door to door shuttle service. The
vehicle shall comply with other requirements in this Rule for public passenger vehicles,
except no meters shall be installed in the vehicle, and the vehicle shall be used only for
the provision of airport door to door shuttle service.
3. In accordance with this Rule, the Airport Manager may solicit proposals or bids
and enter into a contractual agreement with one or more operators to provide Airport door to
door shuttle service, with the operator(s) being assigned space within the Airport terminal
building and sufficient reserved parking spaces near the main entrance of the terminal as
determined by the Airport Director.
R -3.345-H SPECIAL RULES FOR OPERATION OF HORSE-DRAWN VEHICLES.
Due to the different aspects of horse-drawn vehicles vs. motor vehicles, specific
conditions for the operation of horse drawn vehicles in the public right-of-way are established.
For the purpose of these rules, a horse-drawn vehicle is that which may be hired for the
transportation of passengers and which is operated partially or entirely within the corporate
limits of the cities of Eugene and Springfield. The operator shall be responsible for complying
with the following conditions:
Adnrinistrativc Order - Page 13 of 19
(a) The operator shall at all tunes have a qualified, experienced horse handler
operating the vehicle. The handler shall maintain control of the horse at all times and.
shall obey all standard traffic laws and regulations.
(b) The operator shall use only horses which have been trained for use in
vehicular and pedestrian traffic.
(c) The vehicles shall be equipped with .red taillights, a reflectorir_,ed caution
symbol sign mounted on the back of the vehicle, and carriage lamps or headlamps. The
design and operation of the vehicle shall comply with all other state and local regulations
for non -motorised vehicles operating on public streets.
(d) All aspects of the operation, including the vehicle, driver and signage,
shall maintain a clean appearance while in operation.
(e) The operator shall use equipment which should prevent droppings of horse
waste on the ground. The operator is responsible for properly disposing of all waste.
(f) The operator shall provide adequate rest periods and feeding schedules,
during and between work shifts, which ensure the health and well-being of each animal.
used by the operator. This responsibility shall include vehicle load limits, hours of
operation and daily hours of animal usage. No animal shall be left unattended while in
service.
(g) Each horse-drawn vehicle shall be kept in a safe and sanitary condition at
all times. The City shall have the right to inspect or cause to be inspected any horse-
drawn vehicle as often as the City determines to be necessary for the purpose of
ascertaining and causing to be corrected any unsafe or unsanitary conditions or any
violations of this section. or any other rule, regulation, ordinance or law relating to the
operation of such horse-drawn vehicles. If any horse-drawn vehicle fails to pass such
inspection, it shall be removed immediately from service on the day of inspection, and
shall remain out of service until it has passed inspection.
(h) The operator shall obtain a permit for operating the vehicle that specifies
times, routes and schedules that the vehicle(s) will be operated.. The permit shall be valid
for only the period of time, the designated routes or streets, and the schedule of
operations defined on the permit. The route and schedule shall be subject to review and
revision by the City at any time. Operations granted by the permit may be suspended by
the City at any time there is an apparent safety problem to the public or the conditions of
the license or permit are not met.
(i) Any exceptions or revisions to these conditions or the conditions of the
license shall be made in writing to and approved by the City Manager or designee.
(j) The operator shall comply with all requests by the City for safety
inspections of the vehicle or animal and welfare examinations of the animal. The City
may require that the animal be examined by a certified veterinarian, acceptable to the
City, with the cost of the examination to be borne by the operator. Unless expressly
Administrative Order - Page 14 of 19
authorized in writing by the City, no operator shall use a vehicle or animal following a
request for a special safety inspection or welfare examination until after the vehicle or
animal passes the safety inspection and/or welfare examination.
(k) The operator shall post all rates either at the point of departure, if
otherwise allowed by law, or on the vehicle.
R-3.345-1 SPECIFICS FOR ACCESSIBLE VEHICLES.
In addition to compliance with all ADA standards, and the standards for special service
types, an accessible vehicle operator shall:
(a) Maintain wheelchair immobilization apparatus according to
manufacturer's instructions;
(b) Maintain for a period of three years and make available to the City upon
request records of all repairs and maintenance performed on wheelchair: immobilization
apparatus,
(c) Transport or allow transport of persons only in an upright sitting position
or in a reclining position when the angle of recline is not more than 45 degrees;
(d) Equip each accessible vehicle with wheelchair immobilization apparatus
that maintains the wheelchair in a stationary position;
(e) Not use or permit the use of an accessible vehicle which:
(1) Is equipped to provide oxygen administration. An accessible coach
may transport persons requiring constant oxygen administration due to chronic
respiratory conditions who use their own oxygen apparatus but who do not require
ambulance service; and,
(2.) is equipped with any type of stretcher, gurney or cot;
(1) Not use, or cause to be used, or permit any advertising, signing or other
communication relating to an accessible vehicle which contains any reference to, or
which uses words, symbols or other devices which cause or are likely to cause confusion
as to the identity of the vehicle as an ambulance or other emergency medical services
vehicle.
R -3.345-J SPECIFICS FOR P'EDICABS»
1. Permit RegRirecl.
(a) No person shall operate a pedicab for business purposes on. city streets or
bike paths without first paying the required fees and obtaining a permit therefore rrorn the
City.
Administrative Order - Page 15 of 19
(b) Prior to issuance of a permit hereunder, each pedicab shall be inspected by
the City to determine compliance with the equipment requirements set forth in Section 2
of this R -3.345-J. I
2. Equipment Recluired,. All pedicabs shall be equipped with:
(a) Heavy duty front and rear brakes;
(b) Working -front and tail lights which are visible at all times;
(c) Rear flashing tail lights to be operated at night;
(d) Turn signal lights on rear of carriage;
(e) Reflectors on wheels of bicycle and carriage;
(f) Bell;
(g) Rear mud Raps or similar protection;
(h) Rear bumper on carriage;
(i) Six foot safety flag; and,,
(j) Slow moving vehicle safety triangle on rear of carriage.
3. Operator Reguirements.
(a) All operators of pedicab carriages must possess and maintain a valid State
of Oregon driver's license throughout the permit term.
(b) A pedicab operator shall comply with all state and local traffic laws and
regulations pertaining to the operation of bicycles.
(c) Each pedicab operator shall prominently display the pedicab permit issued
by the City on the pedicab for which issued, together with the name, address and
telephone number of the owner of the pedicab.
(d) All pedicab operators shall comply with the weight restriction
requirements of each pedicab as posted thereon by the manufacturer.
4. Miscellaneous Reguirements.
(a) Prior to issuance of a pedicab permit, the owner/operator thereof shall
provide proof of public liability and property damage insurance in a form and amount
approved by the City.
R -3.345-K SPECIFICS FOR PEDAL VEHICLES
I. Routes. Each pedal vehicle route must be pre -approved by the City, Routes must
be submitted in writing or approved electronic format, including a map detailing the requested
route, no less than 14 business days in advance of the requested date to utilize the route. The
applicant must specify the following:
(a) The streets and designate traffic lanes over which non -motorized service
will travel during specified time period;
Administrative Order - Page 16 of 19
and,
(b) The off-street locations for parking and passenger loading and unloading;
(c) The equipment the applicant proposes to use to provide the service.
Changes or additional routes must also be submitted in writing at least 14 days in advance of the
requested date to utilize the route. Additional lead time is recommended when possible in order
to allow time to make any necessary route adjustments. Routes must be flat, and use of an area
with any incline requires demonstration of the ability to control the vehicle at that location when
fully loaded with passengers. Routes with high traffic volume, frequent bus lines, and along
EmX lines will not be approved. Routes without adequate "pull -over" areas will not be
approved. Bike lanes are designated for bicycles, and pedal vehicles may not operate in the bike
lane.
2. Parkin . Each business license application will include documentation of a
parking plan and authorization to park, if necessary, for each stop. The location of parking
during non -working hours will also be provided to the City with the application. The plan for
disembarking and resuming the trip in a safe manner at each stop will be provided with the
application, and will be explained to the passengers in advance.
3. Access to the Roadway. Even on approved routes, pedal vehicles are expected to
move to the side to allow the passage of faster -moving vehicles. Each application shall address
moving quickly out of the: way of emergency, police or fire vehicles, and other motor vehicle
traffic. Passengers must be provided with clear instructions about the importance of avoiding
impediments to vehicular traffic during the ride,
4. Vehicle Specifications Required. Each pedal vehicle company must provide
with the business license and vehicle permit applications the manufacturer's specifications
showing braking and back-up braking mechanisms, weight and occupancy limits for the vehicle,
minimum requirement for the number of pedalers to propel the vehicle, limitations on incline,
stopping and acceleration distances, and any other operating limitations or recommendations for
operation. No vehicle may be operated without the minimum number of pedalers required to
propel the vehicle forward and out of the way of traffic in a timely manner. No vehicle may be
operated with passengers in excess of the manufacturer's weight and occupancy or other limits
for the vehicle. Each passenger must have a designated seat and remain seated during the ride.
5. "Vehicle Maintenance Schedule. Each pedal vehicle company must provide a
vehicle maintenance and inspection schedule with the business license and vehicle permit
application and yearly renewal. This document must indicate the name and qualifications of the
person(s) performing inspections and maintenance on the vehicles and show a list of routine
maintenance activities, along with the method of documentation for this maintenance (type of
maintenance log).
G. Obey all Laws. Each pedal vehicle company and vehicle is responsible to obey
all federal, State and City laws, and regulations, including:
(a) All traffic regulations, including Oregon Department of Transportation
slow moving vehicle regulations;
Administrative Order - Page 17 of 19
(b) Open container and DUI prohibitions;
City of Eugene noise ordinances; and,
(d) City of Eugene parking regulations.
7. Alcohol. No alcohol may be served on pedal vehicles. No open containers of
alcohol may be on board pedal vehicles. Passengers will be instructed in advance that they are
subject to citation 4 -.or DUI under state law while operating (pedaling) on a pedal vehicle and that
no alcohol may be consumed while on the vehicle. Operators must require any passenger who
becomes disorderly or creates a neighborhood disturbance during the ride to disembark from the
tour at the earliest, safe opportunity. Operators are responsible when stops where alcohol is
served to monitor the passengers and make other arrangements for the safe transport of any
passenger who becomes drunk or disorderly during the ride. Operator and company permits may
be suspended or revoked for failure to remove a passenger who cannot safely operate or remain
on the vehicle, or who creates a disturbance. The operator will clearly notify passengers in
advance about these restrictions.
8. Noise. No amplified music will be played on the pedal vehicle. Operators and
passengers will comply with City of Eugene noise ordinances. Passengers will be instructed in
advance of the importance of minimizing neighborhood impacts during the ride.
9. Training. The business license application must include documentation
demonstrating that all pedal vehicle operators will be trained and able to manage the vehicle, and
will be familiar• with these regulations, prior to being issued a permit to operate a pedal vehicle.
10. All Passengers Booked for Entire Trip. All passengers will board the vehicle at
the beginning of the tour. Passengers will not be allowed to "hail" the vehicle, nor jump on and
off during the ride. All authorized pick up and drop off locations must be provided to the City
Manager or designee with the route.
it. Helmets. Helmets will be provided and available for the use of all occupants.
12. Age Restriction. No passengers under the age of 18, are allowed on the vehicles,
13. Hour Restrictions. Pedal vehicles may operate only from sunrise until 30
minutes after sunset.
14. Complaints. Pedal vehicle company representatives, as a part of maintaining a
current permit, shall report any written complaints they receive to the City and may be required
to attend community meetings to address any safety-related or behavior -related complaints
concerning the pedal vehicle.
15. Informational Material and Waivers. A copy of the current informational and
instructional materials supplied to the passengers, and a copy of any waivers or other documents
the passengers are required to sign, will be provided to the City Manager or designee with the
application for a permit. If the forms are changed or updated, a copy will be provided to the City
Manager or designee at least 24 hours prior to use of the new form.
Administrative Order - Page 18 of 19
16. Pedal Vehicle Fee Schedule. A copy of the current fee schedule will be provided
to the City and updated within seven days of any change.
17. Location of Operatioii. City Manager or designee may exempt a pedal vehicle
company from subsection (4) of Section 3.345 of the Eugene Code, 1971, by allowing the
company to locate its operation in a residential zone.
18,. General Requirements. All other City of Eugene requiren'lents for public
passenger vehicle companies, vehicles and drivers will apply, except where these requirements
are clearly inapplicable to pedal vehicles.
"-rf+
Dated and effective this N day of July,, 2018.
Jon R. Ruiz
City Manager
Administrative Order - Page 19 of 19
City Manager Findings
in Consideration of Written Submissions
During the: fifteen -day comment period, the City received 103 written comments regarding the
proposed amendments to the Public Passenger Vehicle Administrative Rule R-3.345 ("proposed
Rule amendments"). Generally, 88 comments want rule amendments that will result in
Transportation Network Companies (TNCs), such as Uber and Lyft, doing business in Eugene,
and 15 comments either want the rules maintained as currently written or have concerns with
making specific changes to the rules.
A summary of the comments received, and findings addressing the comments, are set out below:
1. Comments uraina adoption of rules that are consistent with other cities in
Ore gon,such as Bend, Medford, Corvallis and Salem, including a letter from Uber and Lyft
statin j4 that, Eugene's rules "cannot facilitate the launch of rideshare iu Eu enc" because the
rules "are not in alignment with Medford's or with those of [Corvallis, Bend, Redmond and
Sa Many comments received want Eugene's rules changed so that they are consistent with
other cities throughout Oregon. These commenters did not identify specific rules that should be
changed. Additionally, the letter submitted by Uber and Lyft states that, because Eugene's rules
are not consistent with the regulations of cities of similar size to Eugene, neither company will
operate in Eugene; the letter did not identify specific rules that need to be changed for the
companies, to launch in Eugene.
Findings. As a result of these comments, the proposed Rules (which include both existing
rules and proposed rule amendments) are being changed to more closely align Eugene's Rules
with the regulations in Corvallis, Bend, Redmond, and Salem. The chart below identifies the
proposed Rule that differs from other cities in Oregon and the change being made to, the Rule.
Proposed Rule
Rule Change used
on Comments
Exhibit A to Administrative Order 53-18-08-F
Findings in Consideration of Written Submissions - Page 1 of 5
The proposed Rule amendment that would
require the inspection to be conducted by an
automotive technician with a current, and valid,
Mandatory annual vehicle inspections by ASE
ASE certification in any of the areas of ASE a4 -
certified mechanic.
A8,, is not adopted. Rule requiring annual
vehicle inspections by a commercial automobile
garage remains unchanged.
Authority for the City Manager or designee to
Rule deleted.
require a special vehicle inspection.
Fire extinguishers changed from a requirement
Vehicles must be equipped with flre
to a recommendation. First aid kits still
extinguishers and first aid kits.
required.
Exhibit A to Administrative Order 53-18-08-F
Findings in Consideration of Written Submissions - Page 1 of 5
10 year vehicle age limit.
Changed to require vehicles 15 years or newer.
Changed to prohibit discrimination, stating:
"Non -Discrimination. All vehicle -for -hire
companies shall prohibit drivers and employees
from engaging in discrimination, on the basis of
a person's race, religion, national origin,
Vehicle -for -hire companies cannot refuse to
disability, sexual orientation, sex, marital status,
respond to any request for service..
gender identity, age, citizenship status, or any
other characteristic protected under application
local, state, or federal law, Such discrimination
includes, but is not limited to, refusing to
provide or accept services based on any of these
characteristics."
Vehicle -for -hire companies must beep a
record of any crash and its claim statins arising
Proposed Mule amendment not adopted.
out of an employee's operation of the vehicle -
for -hire.
Drivers required to have a valid Oregon
Changed to require valid state -issued driver's
driver's license.
license.
Drivers cannot drive more than 12 hours in
Changed to require 6 holA;p' break after" 12 hours.
each 24 period..
Changed to allow for posting of statement that
the certification is available on request and to
Drivers must physically display their driver:
allow for a digital copy of the driver
certification card inside the vehicle.
certification card or statement to be displayed in
the app in lieu of the driver certification card or
stateirient being physically posted inside the car.
Drivers must deduct charges for the time delay
Rule deleted.
if vehicle breaks down.
2. Comments statin that the Rule rovisions re ardin vehicle a e and
ins ea tiitus si na e and sticlers fire exon uishers and valid driver''s licenses should he
chane to reflect the provision in other?ret;oncities. Two letters, one from the City of
Springfield and one from Travel Dane County, suppoi-t "rules be adopted that are comparable to
other market areas with regard to vehicle age and inspections, signage and stickers, fine
extinguishers and valid driver's licenses."
F'indins. See chart above regarding changes made as a result of these comments.
Exhibit A to Administrative Order 53-18-08-F
Findings in Consideration of Written 'Submissions - Page 2 of 5
3. Comments stating that roadblocks to Uber and L ft operating in Lu Lene
should be removed because the current taxi service in Eugene is inadequate., Many comments
received expressed frustration that there are no TNCs operating in Eugene and provided examples
of the inadequacies of the current taxi services.
bindings. See chart above describing the changes being made to the Rules that are
intended to address concerns that Eugene's Rules are unnecessarily more restrictive than other
jurisdictions in Oregon..
4. Comments urging the City to maintain the requirement that all. PPV drivers
be subject to criminal background cheeks by EPD and ex ressine safety concerns if that
requirement changed.A few comments were received asking that the Rules not be changed to
eliminate criminal background checks conducted by EPD.
Findings, Eugene Code 3.3 15(2), as amended by the City Council in April, 201€1, states:.
Vehicle -far -Hire Driver Certification Card Requirements. No person may drive a
vehicle -for -hire unless that person possesses a valid public passenger vehicle
driver certification card. An applicant may be issued a driver certification card
without any waiting period if the person's application is complete and includes
documentation demonstrating that the applicant has been hired by a vehicle -for -
hire company after undergoing a criminal background check in accordance with
the vehicle -for -hire company's criminal background check procedures. For
purposes of this section, "hired by a vehicle -for -.hare company" means a driver
employed by, contracting with, or otherwise affiliated with the vehicle -for -hire
company.
The proposed Rule amendments state: "An application for a driver certification card will be
denied, or an issued driver certification card revolved, in accordance with EC 3.0511." Based on
EC 3.315(2) and the proposed Rule amendments, all PPV drivers will be subject to a criminal.
background check conducted by EPD. That background check will either be conducted before the
City issues a driver certification card or, if the applicant passed the vehicle -for -hire company's
criminal background check, after the City issues a driver certification card. If, based on EPD's
criminal background check, an applicant or driver does not comply with the requirements of EC
3.050, the driver certification card will be denied or revoked. No changes are being made to the
proposed Rule amendments as a result of these comments.
5. Comments statin that the Cit should not change the rec uirement that PPV
drivers hold an Oregon Driver's License. Three comments were received stating that, for safety
reasons, the City should continue to require all PPV drivers to hold a valid Oregon driver's license.
Findings. The purpose of the City's current Rule requiring that PPV drivers hold an
Oregon Driver's licenses is so that the City obtains notification from the Oregon Department of
Motor Vehicle regarding driver violations, such as a Driving Lender the Influence change. Because
all PPV drivers must be at least 21 years old, it is not anticipated there will be a large number of
Exhibit A to Administrative Order 53-18-08-F
Findings in. Consideration of Written Submissions - Page 3 of 5
PPV driver applicants that hold out-of-state driver's license. For the driver applicants that do not
hold an Oregon driver's license, other states, such as California, provide notifications for driver's
license holders similar to the notifications the City receives front the Oregon DMV. If a P'PV
driver holds an out-of-state driver's license in a state that offers the same type of notification
offered by the Oregon DMV, the City's reason for requiring an Oregon driver's license can be
satisfied by signing up for that state's notification system. For the PPV driver applicants that hold
a driver's license from a state that does not have a notification system, the City intends to
periodically check the driver's record throughout the year to ensure that the driver is remaining
compliant with the City's Rules, After a year of allowing PPV driver applicants to hold any valid
state -issued driver's license, the City will evaluate whether the Rule change resulted in new public
safety concerns.
6. Comment re ardinj4 the difference between the definition of a "Public
Passenger Vehicle Driver" and the definition of a "Trainsportation Network Driver." One
comment received asked why the definition of Public Passenger Vehicle Driver is limited to
employees, but the definition of a Transportation Network Driver includes both employees and
independent Contractors.
Findings. The City's 'Rules define "employee" as, "[a]ny person employed for
remuneration or under any contract for hire, written or oral, express or implied, including
independent contractors. All persons who drive public passenger vehicles, including any person
who has ownership interest in the company, shall be considered employees of the public passenger
vehicle company for purposes of this Rule." Thus, use of the term "employee" covers independent
contractors. However, in response to this comment and for purposes of consistency, the definition
of Public Passenger Vehicle Driver has been changed to reference both employees and independent
contractors.
7. Comment regarding the ability to contact a TNC company with a complaint.
Findings. The proposed Rules require operators of all public passenger vehicle companies
to maintain a record of all complaints lodged against the operators and/or personnel. The contact
information for each company should be accessible on their website. If a person is unable to
contact a PPV company they would have the option to contact the City to file a complaint.
8. Comments regarding the different trade dress requirements for hailable
vehicles versus non-hailable vehicles.
Findings, The purpose of the City's trade dress requirements is for the public's safety.
The primary concern is that vehicles be clearly marked so that a passenger can easily recognize
the vehicle prior to entering. Hailable vehicles may be summoned without the use of a dispatching
system, necessitating the need to have mat -kings more easily visible than a non-hailable public
passenger. No changes are being made to the proposed Rule amendments as a result of these
comments.
Exhibit A to Administrative Order 53-18-08-F
Findings in Consideration of Written Submissions - Page 4 of 5
9. Comment regarding concern that a vehicle inspection be conducted at the
initial public prssenger vehicle driver certification, and annuafly thereafter,
Findings. The purpose of the City's permitting process is to ensure the safety and
reliability of public transportation. The proposed rules require that all public passenger vehicle
drivers obtain a certification issued by the City. The process of obtaining a driver certification
includes verifying that the vehicle has been inspected at a commercial automobile garage. No,
changes are being made to the proposed Rule amendments as a rule of this comment.
1.0. Comments regarding concern for subsidized fares or the use of njt4atory
ricin
Findings. The City does not regulate PPV fares. The Rules are focused on safe,
reliable transportation for passengers. Eugene Code 3,345(3) requires that the actual fare charged
by a vehicle-J.'or-hire not exceed the higher of the meter calculated rate, including authorized and
posted surcharges, or the minimum fare as posted on the interior or exterior of the vehicle, or the
smartphone application calculated rate, including displayed and passenger -confirmed surcharges.
No changes are being made to the proposed Rule amendments as a result of these comments.
11. Comment regarding the difference between hailable and non-hailable
jnsurancejtqHjjj!p.tnts. One comment received stated that the difference in insurance mandates
for hailable and noon-hailable vehicles is unfair to companies with hailable vehicles.
Findings. Unlike non-hailable vehicles, bailable vehicles, which can be immediately
summoned by a passenger without the use of any dispatch, do not operate in different operating
periods. Thus, bailable vehicles cannot have tiers of insurance based upon the applicable operating
period. Because of the operational difference between bailable and non-hailable vehicles,
insurance requirements recognizing the difference is warranted. No, changes are being made to the
proposed Rule amendments as a result of this comment.
Exhibit A to Administrative Order 53-18-08-F
Findings in Consideration of Written Submissions - Page 5 of 5