Donna Ryun
OOIDA Information Services

Beginning Jan. 31, the Transportation Security Administration began requiring the collection of background information and fingerprints from truckers who apply for a new hazardous materials endorsement on their commercial driver’s license. Those CDL holders who want to renew or transfer their hazmat endorsement are subject to this same requirement beginning May 31.
These new requirements have generated many excellent questions from OOIDA members and others who want to know the whys and hows involving this latest intrusion on their time and wallets. Here are some examples of the questions that I’ve received. The answers were compiled from information obtained at the TSA’s own Web site:

Question: Why did the TSA issue this rule, and can I get an exemption?

Answer: The TSA issued the rule to meet a requirement of the USA Patriot Act, which prohibits states from issuing, renewing or transferring a hazmat endorsement without first making a determination on whether you are a security risk. No exemptions from the hazmat threat assessment are allowed; however, the rule does not apply to drivers who do not want the hazmat endorsement on their CDLs.

Question: I already had a background and fingerprint check when I was employed in another occupation. Do I have to undergo the hazmat threat assessment again now?

Answer: According to my information, and as of this printing, the TSA is not accepting any other federal background check to qualify CDL holders for the hazmat endorsements. The TSA may reconsider this policy in the future, however, so watch for updates.

Question: How much are the background checks and fingerprinting going to cost?

Answer: TSA’s established fees are: $38 for information collection and transmission fee; $34 for threat assessment fee; and $22 for the FBI to run the prints, for a total of $94. However, 17 states have elected to collect and submit fingerprints and application data themselves, so fees for drivers in these states could vary.

Question: Do you know if drivers’ employers will cover the expense, or will individual drivers bear the cost burden?

Answer: Although a few companies may volunteer to bear the costs for their drivers, most will not, so it’s advisable to sharpen your negotiating skills and convince them it’s in their best interests to pay these expenses.
Congress did not appropriate funds to cover the costs of the security threat assessments, so someone has to pay, and better the company than you since they need your services to move their hazmat freight.

Question: Is this a one-time thing or will drivers be required to get supplemental background checks done with each renewal of their hazmat endorsements?

Answer: With each renewal, the driver will be required to undergo a security threat assessment, and if he or she no longer meets the standards of the rule, the hazmat endorsement will be revoked.

Question: I already have a hazmat endorsement. What if I can’t meet the standards of this rule?

Answer: You must voluntarily and immediately surrender your hazmat endorsement to the state from which it was issued.

Question: What are the disqualifying convictions?

Answer: Permanent disqualifiers that result in a lifetime ban are:

• Terrorism;
• Espionage;
• Sedition;
• Treason;
• Murder;
• Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of or dealing in explosives or explosive devices;
• A crime involving a severe transportation security incident;
• Violations of RICO – the Racketeer Influenced and Corrupt Organizations Act – if the crime involved is on the list of permanent disqualifiers;
• Improper transportation of a hazmat (minor infractions involving transportation of hazardous materials will not disqualify a driver); and
• Conspiracy or attempt to commit any of these crimes.

Interim disqualifiers include:

• Assault with intent to murder;
• Kidnapping or hostage taking;
• Rape or aggravated sexual abuse;
• Extortion;
• Robbery;
• Arson;
• Bribery;
• Smuggling;
• Immigration violations;
• Dishonesty, fraud or misrepresentation, including identity fraud (e.g. felony-level embezzlement, tax evasion, perjury and false statements to the federal government);
• RICO violations, if the crime underlying the conviction is on the list of interim disqualifying crimes;
• Distribution of, possession with intent to distribute or importation of a controlled substance (“simple possession” of a controlled substance without an intent to distribute is not considered disqualifying);
• Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, export of or dealing in firearms or other weapons; and
• Conspiracy or attempt to commit any of these crimes.

An interim disqualification based on one of the above offenses occurs if you were:

• Convicted of the offense;
• Found not guilty by reason of insanity of the offense within the past seven years;
• Released within the past five years from prison after serving a sentence for the offense;
• Wanted for the offense; or
• Under indictment for the offense.

Question: What if I’m turned down, and I think I should have qualified?

Answer: You may appeal TSA’s determination or, under some circumstances, request a waiver. TSA has 30 days to respond to an appeal or waiver. You can find out more about the appeal or waiver process by contacting TSA via e-mail at hazmatwaiver@dhs.gov or by visiting its Web site at www.tsa.gov. Those without computer access can call the TSA hazmat office at (571) 227-3200 or write to: Transportation Security Administration, 601 South 12th Street, Arlington, VA 22202-4220.

Question: Where can I be fingerprinted?

Answer: If you are in a state that has elected to use the TSA agent (Integrated Biometric Technologies), a Web site – www.hazprints.com – has been set up where you will be able to submit your application, pay for your application and obtain directions to the fingerprinting station nearest you. If you need assistance processing by phone or finding a site location, you can call 1-877-429-7746 between 7 a.m. and 9 p.m. EST Monday through Friday. If your state is administering the process itself, check with the agency that issues your CDL for site information.

Question: How long will the security check take?

Answer: TSA estimates it will take roughly 30 days to run.

Question: Will I receive notification that my hazmat endorsement is due for renewal?

Answer: Yes. States are required to notify you 60 days in advance of your renewal. While some states may offer extensions to those who are unable to make the 60-day window, other states may not, so be sure to plan ahead to avoid downtime.

If you have questions about doing business as an owner-operator and/or an independent driver, please e-mail them to: donna_ryun@ooida.com or send them to PO Box 1000, Grain Valley, MO 54029. We can’t publish all of your questions in Land Line, but you will receive a response, even if your letter is not published.