Expand Liability on Rideshare for Sexual Misconduct

This initiative statute aims to hold rideshare companies accountable for passenger safety by establishing new legal duties for platforms to prevent sexual misconduct. It expands the liability of rideshare companies for incidents that occur during rides, eliminating several existing legal defenses that platforms have used to avoid responsibility. Under the current legal framework, rideshare companies classify drivers as independent contractors and have argued that this classification limits their vicarious liability for driver conduct. The proposed statute would establish a nondelegable duty of care, meaning that rideshare platforms cannot avoid liability by pointing to the contractor status of their drivers when sexual assault or harassment occurs during a ride. Companies would be required to implement enhanced background check procedures including fingerprint-based criminal history checks through the California Department of Justice and FBI databases, replacing the current name-based screening process. The statute mandates continuous monitoring of driver criminal records rather than the current practice of periodic rechecks, using a state-operated rap-back system that provides real-time arrest notifications. Rideshare platforms would be required to install in-app emergency features including a direct connection to 911, real-time ride tracking shareable with designated contacts, and audio recording capability that riders can activate during trips. James Harrison, the proponent, is a California election law attorney who filed the measure after a series of high-profile lawsuits alleging that major rideshare companies failed to adequately screen and monitor drivers with histories of sexual offenses. Industry representatives including Uber and Lyft have argued that many of the proposed requirements are already implemented voluntarily and that the expanded liability provisions would significantly increase operating costs and insurance premiums, potentially raising fares by 15 to 25 percent. Supporters including the National Organization for Women’s California chapter and several survivors’ advocacy groups contend that voluntary measures are inconsistently applied and that legal accountability is necessary to drive meaningful safety improvements. The statute establishes minimum insurance requirements of $1 million per incident for claims arising from sexual misconduct, separate from the existing commercial auto liability coverage. If approved by voters, the measure would take effect on July 1, 2027, and would apply to all transportation network companies operating in California with more than 10,000 active drivers.