California: Transportation Network Companies Must Conduct Certain Background Checks
Law Effective January 1, 2017
Under a new law in California, a transportation network company must conduct (or have a third party conduct) a local and national criminal background check for each participating driver that includes certain features.
Background
A “transportation network company” is an organization, including (but not limited to) a corporation, limited liability company, partnership, sole proprietor, or any other entity, operating in California that provides prearranged transportation services for compensation using an online-enabled application or platform to connect passengers with drivers using a personal vehicle.
New Law
Under the new law, a transportation network company must conduct (or have a third party conduct) a local and national criminal background check for each participating driver that includes both of the following:
- A multi-state and multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation.
- A search of the U.S. Department of Justice’s National Sex Offender Public Website.
Additionally, a transportation network company may not contract with, employ, or retain a driver if he or she meets either of the following criteria:
- The driver is currently registered on the U.S. Department of Justice’s National Sex Offender Public Website.
- The driver has been convicted of an offense specified in the law, including (but not limited to) a violent felony.
A transportation network company also may not contract with, employ, or retain a driver if he or she has been convicted of certain other specified offenses within the previous 7 years, including (but not limited to) a domestic violence offense or driving under the influence of alcohol or drugs.
Note: The law does not prevent a transportation network company from imposing additional standards.
The law is effective January 1, 2017. Additional details are contained in the text of the law.
