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Proposal Issued to Strengthen TNC Driver Background Checks

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Today we issued a proposal that, if adopted, would strengthen the background checks that are required of drivers of a Transportation Network Company (TNC).  

The proposal issued today requires that commercial background check companies that a TNC employs must be accredited by the National Association of Professional Background Screener’s Background Screening Credentialing Council. Further, each TNC must receive proof of accreditation of the background check company and provide proof of accreditation to the CPUC. The background screening for each TNC driver must be conducted prior to a driver driving for a TNC and repeated at least once per year thereafter, for as long as the TNC driver is authorized to operate on the TNC’s platform. The TNC must provide proof of annual screening of its drivers to the CPUC. 

After much consideration and public comment, the proposal declines to require a TNC to conduct a biometric background check of a TNC driver (i.e., the use of a person’s physical characteristics, such as fingerprints, and other traits), finding that doing so would not add a greater level of safety over and above the current background check protocols. 

The new requirements would augment those already in place, which include: 

  A TNC or a third-party working on the TNC’s behalf must perform a search of a multistate and multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation; and conduct a search of the United States Department of Justice National Sex Offender public website.

  A TNC may not contract with, employ, or retain persons currently registered on the Department of Justice National Sex Offender public website; or convicted of either a violent felony or a violation of Penal Code sections 11413, 11418, 11418.5, or 11419.

  A TNC may not contract with, employ, or retain persons convicted of any of the following offenses within the previous seven years: misdemeanor assault or battery; domestic violence offense; driving under the influence of alcohol or drugs; a felony violation of Elections Code section 18540, or Penal Code sections 67, 68, 85, 86, 92, 93, 137, 138, 165, 518, 530, 18500, 484, 487(a), or 25540(b).

The first meeting at which the Proposed Decision could be vote on by the CPUC’s Commissioners is Nov. 9, 2017.

Comments on the Proposed Decision can be sent to public.advisor@cpuc.ca.gov.  




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