The ride-hailing companies are pushing for statewide legislation that would eliminate more stringent background checks

For about a week, a convicted murderer was working as a driver for a ride-hailing company in the Eugene-Springfield area.

In another case, a registered sex offender was behind the wheel.

In all, according to city statistics, about two dozen drivers for Lyft and Uber were allowed to drive passengers in their personal vehicles for a short time after they cleared the companies' third-party background checks but failed the local check conducted after they were allowed to work.

It was background checks by the Eugene Police Department that ultimately prompted a city regulator to take the for-hire drivers off the road. Police discovered the offenses while running their own more stringent check and recommended the revocation of the drivers' city-issued license.

The number of ousted drivers is relatively tiny given the city has certified 1,800 drivers since Lyft and Uber launched in the local market a year ago. And there's been no local reports of an Uber or Lyft driver committing a crime while driving a passenger.

Still, the number illustrates the potential public safety risk in the compromise that city leaders made to bring ride-hailing back into the market. And it raises questions as Uber and Lyft continue to push for statewide regulations that would pre-empt local background checks.

Rachelle Nicholas, the city's inspection services manager, said local background checks remain effective as a deterrent.

"If they know they're going to go through an EPD background check, they're less likely to come in and even ask for a license because they know they're not going to pass," she said.

One of the major sticking points between Uber and the city when the ride-hailing company operated illegally in Eugene in late 2014 and early 2015 was city officials' insistence that Uber's drivers pass a local background check.

Uber eventually ceased operations in April 2015 in the midst of a lawsuit filed by the City of Eugene. But facing pressure from representatives of the technology community and others to bring back ride-hailing, city councilors agreed to relax regulations to bring Uber back, with its chief competitor, Lyft, also entering the market. They both launched service in early September of 2018.

Under the current system, the city will issue a license to a driver on the spot that allows them to work for Lyft and Uber if they bring in proof they passed the ride-hailing companies' third-party background check in addition to other documentation. But the license is essentially conditional until EPD runs its own local check.

The city provided the following information about ride-sharing drivers using conditional licenses who failed the local EPD background check from September through late spring:

• Five for public safety concerns, including one registered sex offender and a convicted murderer

• 10 for misdemeanor arrests within three years



• Three for felony arrests within seven years



• Three for felony arrests within 10 years



• Four for having currently open court cases, including one open felony case

The city also runs the same background checks on prospective taxi drivers but they must pass the check before being issued a license. It denied licenses to 19 prospective taxi drivers from January 2018 through August 2019.

The police department denied a public records request from The Register-Guard seeking records to provide more details about the nature and circumstances of the offenses. The department said it runs checks through the statewide law enforcement data system, managed by Oregon State Police, and is not the custodian of the records. It also said the records are exempt from public disclosure because they are either tied to an ongoing investigation or the information would violate personal privacy.

Kristi Dilworth, EPD's records supervisor, said her employees provide a pass or no-pass recommendation based on the local check to the business license office for the final say on whether a license can be issued.

The city notifies the driver and the ride-hailing companies of the failed background check and suspension of the city license, Nicholas said.

Drivers have the option to appeal the decision before the license is revoked, but no one has pursued that option so far, she said.

Running the local background check can take up to 10 days, Nicholas said, but drivers who fail the local check are quickly removed from the road.

"They (ride-hailing companies) have been good about emailing us right back and letting us know they (drivers) have been removed from the platform," she said. "It's pretty immediate."

A major reason for the disparity between the ride-hailing companies' vendor and EPD background checks is that each are looking for different criteria.

Uber spokesperson Kayla Whaling said the vendor conducts a national check that searches for misdemeanor and felony convictions. All convictions for felonies, sexual offenses and vehicle-related misdemeanors are disqualifying, she said.

By contrast, EPD's more stringent background check is limited to Oregon but looks for felony arrests and convictions dating back 10 years and misdemeanor arrests and convictions going back three years. It also will recommend denial for a candidate driver with an open court case.

Whaling declined to comment on the city's data, saying it couldn't substantiate the number as the drivers who failed the local background check weren't identified.

Acknowledging no background check is perfect, she noted Uber now runs annual criminal and motor vehicle background checks and is alerted if a driver has new pending criminal charges or convictions that warrant further review.

"With continuous checking and annual background check reruns, we will remove someone's access to the app in accordance with local laws and our screening standards," she said.

Lyft said in a statement it also has beefed up its background checks with continuous monitoring and updated identity verification. Prospective drivers with convictions for violent and sex crimes and other felonies are disqualified, no matter how long ago the crime occurred, the company said.

"Safety is fundamental to Lyft, and since the beginning we have built products and policies with that in mind," it said.

Both companies have pushed hard for Oregon lawmakers to adopt statewide regulations for ride-hailing companies that would pre-empt already-on-the-books regulations in local cities.

Oregon is the only state without these statewide standards and so far has bucked a trend.

The ride-hailing companies argue that the patchwork of local regulations makes it difficult to grow the service to the detriment of communities and residents.

"This policy would have ensured all Oregonians are able to enjoy the benefits of ridesharing, including earning opportunities for drivers, reductions in impaired driving, and increased economic activity for local businesses," Lyft said in its statement.

In 2017, Texas lawmakers adopted statewide regulations for ride-hailing companies — a move that did away with a requirement in some cities that drivers must be fingerprinted.

House Bill 3023, introduced during the last legislative session, shared some similarities with the Texas law. It would have tapped the Oregon Department of Transportation to establish a licensing program for ride-hailing companies and drivers. The bill died in committee.

The bill would require the ride-hailing companies to conduct criminal background check on prospective drivers and reject those who have a criminal record that meets certain criteria. Cities would not have the ability to run criminal background checks.

A representative of the bill's chief sponsor, state Rep. Susan McLain, D-Forest Grove, said she "is reviewing her bill and other bill concepts (ahead of the 2020 legislative session), but has nothing concrete to add at this point."

Follow Christian Hill on Twitter @RGchill. Email christian.hill@registerguard.com.