USA Patriot Act requirements for commercially licensed drivers with hazardous materials endorsements

The Transportation Security Administration (TSA) has developed a program for conducting security threat assessments on drivers who transport hazardous materials. The program is a result of amendments to Federal Motor Carrier Safety Regulations and Transportation Security Regulations, based on the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001. (USA PATRIOT Act). The amendments establishes security threat assessment standards for determining if an individual poses a security threat warranting denial of an endorsement to transport hazardous material. The program also establishes procedures for an individual to request a waiver from the standards and for appealing a security assessment determination. 

Effective January 31, 2005, persons making “new” applications for a hazardous material endorsement will be required, by the federal Transportation Security Administration (TSA), to undergo a security threat assessment prior to the issuance of the endorsement. Ohio will be utilizing TSA agents to collect and transmit required applicant information, fingerprints, and fees to the Transportation Security Administration (TSA). TSA has established a fee of $94.00 to perform the required security threat assessment for Hazardous Material Endorsement (HME) applicants and plans to have the following service centers opened in Ohio by January 31, 2005.

An application must be completed prior to arriving at a TSA agency for fingerprint collection. To complete your application or obtain additional information about the process, please contact the TSA Call Center at 877-429-7746 or visit their web site at www.hazprints.com.

Effective May 31, 2005, drivers who wish to renew or transfer their hazardous material endorsements must visit a TSA agent to complete the required security threat assessment. A driver will also be required to visit an Ohio State Highway Patrol exam station to complete a written examination to continue to maintain a hazardous material endorsement. Once the applicant successfully completes the written test and has been cleared by TSA to transport hazardous material, the individual may proceed to a Deputy Registrar to apply for the renewal of the endorsement.  

A driver will receive a renewal notification, from the Ohio Bureau of Motor Vehicles, approximately 60 days prior to the expiration of the hazardous material endorsement. In an effort to avoid the possibility of the driver’s hazmat endorsement expiring prior to receiving security clearance from the Transportation Security Administration, Ohio will be encouraging the driver to begin the renewal process, as soon as possible, after receipt of their 60 day renewal notice.  Mailing of the renewal reminder notices will begin on March 31, 2005, for drivers whose endorsements will expire on May 31, 2005.     

The Ohio Bureau of Motor Vehicles will not be involved with the Transportation Security Administration's hearings, appeals, or waivers.  If a driver wishes to appeal the TSA decision to deny the hazardous material endorsement, their request must be submitted, in writing, along with any requested supporting written documentation, directly to the Transportation Security Administration at the address listed below:

Please disseminate this information to all of your employees that currently hold a commercial driver's license with a hazmat endorsement or to any individual that may be considering obtaining a hazmat endorsement in the future. See Attachment A for information regarding disqualifying criminal offenses and citizenship status requirements.

For further information you may visit the TSA web site at www.tsa.gov or call the TSA Contact Center at 1-866-289-9673. If you would like to review the entire Patriot Act, you can find the information on the Federal Motor Carrier Safety Administration’s web site at www.fmcsa.dot.gov. For questions regarding the regulations, you may send electronic inquires to the Transportation Security Administration at:  (patriotact@dhs.gov).