ORS 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

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.

As used in this section:

“Leasehold” has the meaning given that term in ORS 656.027 (27).

“Passenger motor vehicle that is operated as a taxicab” means a vehicle that:

Has a passenger seating capacity of at least three persons and not more than seven persons;

On a route that begins or ends in Oregon, is used primarily to transport persons;

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

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

Is not used more than secondarily or incidentally for errand services or to transport property, instead of or in addition to transporting passengers.

“Passenger motor vehicle that is operated for nonemergency medical transportation” means a vehicle that:

Has a passenger seating capacity of at least three persons and not more than seven persons;

On a route that begins or ends in Oregon, is used primarily to transport persons;

Provides medical transportation services under contract with or on behalf of a mass transit or transportation district; and

Is not used more than secondarily or incidentally for errand services or to transport property, instead of or in addition to transporting passengers.

The provisions of this section do not apply to service performed for:

A nonprofit employing unit;

This state;

A political subdivision of this state; or

An Indian tribe.