AB-1289 has officially been signed by Gov. Jerry Brown, requiring comprehensive background checks on all transportation network companies by January 1st 2017.
A comprehensive background check involved using the fingerprints of an individual to not only public records but also federal records for a persons criminal background.
Like most regulated transportation industry companies, Taxis already do this.
The Taxi Background Check
RideYellow makes all of it’s drivers go through a Fingerprint Government Background Check screening in order to operate a taxi. This is for the safety of our riders. A fingerprint background check brings up the applicants entire criminal history by digging deeper than what is public record. This reduces the risk of a passenger getting into the taxi of someone who is a sex offender or someone who has had a DUI. So if Taxis already do this kind of background check then who would this bill be aiming at? The answer is Rideshare companies like Uber and Lyft who do not require this level of background check.The Rideshare Background Check
Rideshare companies get social security background checks done when screening would-be drivers. However, this often falls short when compared to a fingerprint background check… In an article by The Fast Company Sarah Kessler notes that…Fingerprints allow a background-check service to access the FBI’s criminal record database. San Francisco District Attorney George Gascon has said that a background check without fingerprints is ‘completely worthless.’What can fall through the cracks with a social security background check? Well according to an article by Fox40 there is quit a bit. With the new law, the following people wouldn’t be able to start driving with a rideshare company as a TNC.
Registered Sex Offenders
Those Convicted of Violent Crimes, Assault or Domestic Violence
Those who have received a DUI
Currently getting in an Uber or a Lyft means that you could be driving around with one of the listed above. Who’s Driving You states that Uber and Lyft use private companies, like Checkr, to expedite the background check process. These private companies claim that they check the National Sex Offender Registry, but Who’s Driving You claims that over 30,000 California sex offenders cannot be found on publicly accessible lists. Why? Because California law allows convicted sex offenders to petition for exemption from public lists. If Rideshare companies continue to use private vendors to perform background checks, then they cannot possibly comply with the new law this January. The new year will be the start of creating an equal playing field for Rideshare and Taxi. It will interesting to see what will happen as a result.