Oregon Statutes 657.046 – Employment; operation of taxicab or passenger vehicle for nonemergency medical transportation by owner or lessee of vehicle for entity operated by board of owner-operators; exceptions
(1) As used in this chapter, ’employment’ does not include service performed in the operation of a passenger motor vehicle that is operated as a taxicab or a passenger motor vehicle that is operated for nonemergency medical transportation, by a person who has an ownership or leasehold interest in the passenger motor vehicle, for an entity that is operated by a board of owner-operators elected by the members of the entity.
Terms Used In Oregon Statutes 657.046
- Contract: A legal written agreement that becomes binding when signed.
- Leasehold: has the meaning given that term in ORS § 656. See Oregon Statutes 657.046
- Nonprofit employing unit: means an organization, or group of organizations, described in section 501(c)(3) of the Internal Revenue Code that is exempt from income tax under section 501(a) of the Internal Revenue Code. See Oregon Statutes 657.010
- Passenger motor vehicle that is operated as a taxicab: means a vehicle that:
(A) Has a passenger seating capacity of at least three persons and not more than seven persons;
(B) On a route that begins or ends in Oregon, is used primarily to transport persons;
(C)(i) Carries passengers for hire when the destination and route traveled may be controlled by a passenger and the fare is calculated on the basis of any combination of an initial fee, distance traveled or waiting time; or
(ii) Is in use under a contract to provide specific service to a third party to transport designated passengers to locations selected by the third party; and
(D) Is not used more than secondarily or incidentally for errand services or to transport property, instead of or in addition to transporting passengers. See Oregon Statutes 657.046
- Passenger motor vehicle that is operated for nonemergency medical transportation: means a vehicle that:
(A) Has a passenger seating capacity of at least three persons and not more than seven persons;
(B) On a route that begins or ends in Oregon, is used primarily to transport persons;
(C) Provides medical transportation services under contract with or on behalf of a mass transit or transportation district; and
(D) Is not used more than secondarily or incidentally for errand services or to transport property, instead of or in addition to transporting passengers. See Oregon Statutes 657.046
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- political subdivision: means any county, city, district organized for public purposes, or any other political subdivision or public corporation, including any entity organized pursuant to ORS § 190. See Oregon Statutes 657.097
(2) As used in this section:
(a) ‘Leasehold’ has the meaning given that term in ORS § 656.027 (27).
(b) ‘Passenger motor vehicle that is operated as a taxicab’ means a vehicle that:
(A) Has a passenger seating capacity of at least three persons and not more than seven persons;
(B) On a route that begins or ends in Oregon, is used primarily to transport persons;
(C)(i) Carries passengers for hire when the destination and route traveled may be controlled by a passenger and the fare is calculated on the basis of any combination of an initial fee, distance traveled or waiting time; or
(ii) Is in use under a contract to provide specific service to a third party to transport designated passengers to locations selected by the third party; and
(D) Is not used more than secondarily or incidentally for errand services or to transport property, instead of or in addition to transporting passengers.
(c) ‘Passenger motor vehicle that is operated for nonemergency medical transportation’ means a vehicle that:
(A) Has a passenger seating capacity of at least three persons and not more than seven persons;
(B) On a route that begins or ends in Oregon, is used primarily to transport persons;
(C) Provides medical transportation services under contract with or on behalf of a mass transit or transportation district; and
(D) Is not used more than secondarily or incidentally for errand services or to transport property, instead of or in addition to transporting passengers.
(3) The provisions of this section do not apply to service performed for:
(a) A nonprofit employing unit;
(b) This state;
(c) A political subdivision of this state; or
(d) An Indian tribe. [2012 c.109 § 2; 2021 c.453 § 16]