§ 162-1710 — TNC driver background checks

Sec. 162-1710. - TNC driver background checks.

(1) A TNC shall not allow a TNC driver to perform TNC services unless or until the TNC has performed or caused to be performed background checks on TNC driver applicants and TNC drivers that comply with the standards pursuant to sections 162-241 and 162-242 and are in accord with the policies and regulations of the department of public works implementing such standards. (2) The methodology shall include a local and national criminal background check for each applicant which shall include: (a) Multi-State/Jurisdictional Criminal Records Locator or other similar nationwide database criminal history record check to determine if a person has been arrested for and/or convicted of a crime with validation (primary source search), which shall include a social security trace or other similar identification check to identify additional relevant information about applicants, including first name, last name, middle name or initial, aliases, maiden name, alternate spellings, and nicknames, date of birth, Social Security Number, any known addresses; and (b) Any records search which bases jurisdictional criminal record searches on identified places of residence shall additionally require identical records searches for Orleans, Jefferson, St. Bernard, St. Tammany, Tangipahoa, Plaquemines, and St. Charles Parishes; and, (c) Results or findings of such a search must be confirmed with the jurisdiction or court system to determine disposition of proceedings; and (d) National Sex Offender Registry database; and (e) A driving record check to verify compliance with section 162-243(b) of this chapter. (3) The details of the background check methodology to be used by a TNC in the certification of their TNC drivers shall be provided to the department of public works at the time of application to operate as a TNC within the city of New Orleans. This detailed methodology must be presented in writing and shall meet or exceed the standards provided in subsection (1), above. Further, the TNC must notify the department of public works of any changes to its methodology and receive prior approval before implementing such changes. (4) These background checks shall be conducted at least once every two years for the duration of individuals operating under the TNC. (5) Criteria used in evaluating criminal records shall be consistent across all individuals operating under the TNC. Differing criteria may not be applied to evaluation of background check results based upon race, color, religion, sex (including pregnancy), national origin, age, disability, or sexual orientation. (6) A TNC shall maintain records of all criminal background and driving record checks performed on all employed or contracted TNC drivers operating in the City of New Orleans for a period of no less than two years. If the director of public works or a New Orleans Police Department official requests access to such records, the TNC, or its designee, must provide the records to either entity within 24 hours of the request. Such records may only be accessed when a complaint number has been generated by the department of public works or the New Orleans Police Department. Failure to conduct criminal background and driving record checks or failure to maintain such criminal background check and driving records check records or provide them upon request shall be grounds for the suspension and/or revocation of a TNC permit. (7) A TNC may also satisfy the background check requirement by following the requirements applicable to CPNC for-hire vehicle operators under this chapter.

(M.C.S., Ord. No. 26339, § 2, 4-9-15; M.C.S., Ord. No. 28624, § 2, 3-11-21)