Spokane Municipal Code

Title 10 Regulation of Activities

Division II. License Code

Chapter 10.34A For-Hire Transportation

Section 10.34A.050 For-Hire Driver Requirements and Background checks

1. All for-hire operators shall conduct, on its own or through a third party, a background check on each person seeking to become affiliated with the for-hire operator prior to allowing such person to provide for-hire driver services in affiliation with such for-hire operator.

2. Background check providers (or the for-hire operator itself, if it conducts the background checks “in-house”) must be audited and accredited by the Background Screeners Certification Council of the National Association of Professional Background Screeners.

3. Each background check required by this section must include:

1. Verification of the applicant’s identity;

2. A search of a multistate and multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation, of the applicant’s past seven (7) years of criminal history (unless Washington state or federal law imposes a shorter time limit), with the following convictions deemed disqualifying:

1. misdemeanor assault or battery;

2. domestic violence offense;

3. driving under the influence of alcohol or drugs;

4. a felony involving fraud or dishonesty;

5.  more than three (3) moving violations in the prior three (3) years;

6. Attempting to elude police vehicle (RCW 46.61.024);

7. Reckless driving (RCW 46.61.500);

8. Driving while driver’s license suspended or revoked (RCW 46.20.342 or 46.20.345);

1. Negligent driving – first degree (RCW 46.61.5249);

10. any class A or B felony defined in Title 9A, RCW;

11. any violent offense (RCW 9.94A.030(55)) or serious violent offense (RCW 9.94A.030(46));

12. Any most serious offense (RCW 9.94A.030(33));

13. Driving under the influence, hit and run, or any other driving-related crime (RCW 46.61.500 through 46.61.540); or

14. Any sex offense (RCW 9.94A.030(47)).

4. If the background check conducted as required by this section indicates that a prospective driver may have a conviction on the disqualifying list of offenses in SMC 10.34A.050(C)(2), and the for-hire operator still wishes to affiliate with or employ such applicant, the for-hire operator must obtain a further criminal history and background check report, at its expense, to include (i) a Washington State Patrol fingerprint-based criminal history report and (ii) a Federal Bureau of Investigation fingerprint background check (FBI Identity History Summary). No for-hire operator shall employ or affiliate with an applicant for whom a fingerprint-based criminal history report confirms a conviction on the list of disqualifying offenses listed in SMC 10.34A.050(C)(2).

5. The for-hire operator with which the driver is affiliated shall maintain records of all background checks conducted within the past two (2) years and shall provide such records to the licensing officer upon request with the audit process provided for in SMC 10.34A.170.

Date Passed: Monday, December 10, 2018

Effective Date: Saturday, January 26, 2019

ORD C35710 Section 1