Bill toughens background checks.
Ride-hailing firms must look at all criminal convictions
SACRAMENTO — Uber and Lyft will have to start taking a deeper look into their drivers’ criminal histories under a new law signed Wednesday by Gov. Jerry Brown.
Starting Jan. 1, ride-hailing startups in California must look at violent convictions throughout a prospective driver’s entire record, instead of examining only those that occurred within the past seven years, as the companies do now. The new law requires Uber, Lyft and others to reject any driver who has been convicted of a violent felony or a terrorism-related offense, or is a registered sex offender.
The change is an effort by lawmakers to address concerns about the safety of ride-hailing platforms, as critics claim the companies don’t do enough to screen their drivers. But the new law is somewhat of a win for Uber and Lyft, as it stops short of requiring the one thing both companies have fought tooth and nail against — fingerprint background checks conducted by the government.
Lyft didn’t oppose the background check law signed Wednesday, but the company didn’t exactly cheer its passage.
“We appreciate the combined efforts of Gov. Brown and the legislature to create an environment that allows (ride-hailing companies) like Lyft to grow and thrive in California,” a Lyft spokeswoman wrote in an emailed statement.
It was unclear whether the new law requires the ride-hailing companies to redo background checks on current drivers.
Concerns over rider safety have long plagued Uber and Lyft. Earlier this year Uber agreed to pay up to $25 million to settle a lawsuit brought by the district attorneys of San Francisco and Los Angeles accusing the company of misleading passengers about the strength of its background checks. Lyft settled a similar lawsuit in 2014.
Both companies have faced accusations by female passengers who say they were sexually assaulted by drivers, and in February an Uber driver was charged in a Michigan shooting rampage in which six people were killed.
This year Uber and Lyft pulled out of Austin, Texas, in protest of rules requiring that drivers be fingerprinted.
Under current California law, Uber and Lyft use private companies to conduct background checks that go back seven years. The startups reject drivers if they find convictions for violent felonies or crimes such as assault, domestic violence offenses or driving under the influence — or if the driver is registered as a sex offender. In Lyft’s case, the process includes a Social Security number trace and a search of federal and county court records, lists of outstanding warrants and most-wanted lists.
Introduced by Assemblyman Jim Cooper, D-Elk Grove, AB 1289 cleared the Legislature last month. Penalties for violations include fines of $1,000 to $5,000.
“It’s a step in the right direction,” said Dave Sutton, spokesman for Who’s Driving You, a Washington, D.C.-based public safety campaign funded by the taxi and limousine industry. “We’ve said again and again that a violent felon ... should not be driving a passenger.”
But Sutton argued that a driver still could use a fake name to skirt the new background checks. A government-run fingerprint check, such as those most taxi drivers are subject to, would give companies a more complete look into a driver’s past, he said, and it would allow them to flag all sex offenders, including some who, under California law, aren’t listed on the publicly available registry.
“We appreciate the combined efforts of Gov. Brown and the legislature to create an environment that allows (ride-hailing companies) like Lyft to growand thrive in California.” — Lyft spokeswoman