January 25, 2005 - For Immediate Release

Background checks now required for commercial haulers of hazardous materials

OLYMPIA—New federal laws require all commercial drivers who transport hazardous materials to undergo a security threat assessment. These new rules, required by the USA PATRIOT Act, are designed to increase security and safety of hazardous material shipments.

The Transportation Security Administration's (TSA) Hazmat Threat Assessment Program involves fingerprinting, background checks, and an immigration check on any individual who wants to apply for, renew, or transfer a hazardous materials endorsement (HME) on their commercial driver license (CDL). Changes are as follows:

• First-time HME applicants are required to undergo background checks and fingerprinting starting January 31, 2005.
• The new TSA requirements apply to CDL HME renewals and state-to-state transfers beginning May 31, 2005. Until that time, the Department of Licensing (DOL) will follow existing procedures for CDL HME renewals and transfers.

The TSA is contracting with a company called Integrated Biometric Technology (IBT) to collect fingerprints and the required federal HME application and submit these security threat assessment materials to TSA. Commercial drivers must complete the new national HME application online at www.hazprints.com or by calling 1-877-429-7746 after January 30, 2005.

Currently, DOL's Commercial Driver License program licenses more than 175,000 commercial drivers, of which nearly 40,000 hold endorsements for carrying hazardous materials.

According to TSA, any of the following will disqualify a driver from holding a HME:

• A conviction or finding of not guilty by reason of insanity in a military or civilian court for any of the permanently disqualifying crimes;
• A conviction or finding of not guilty by reason of insanity in a military or civilian court within the past seven years for a felony on the list of disqualifying crimes;
• A release from prison within the past five years for any of the disqualifying crimes;
• Currently under want, warrant, or indictment for a felony on the list of disqualifying crimes;
• Has been declared mentally incompetent or involuntarily committed to a mental institution.

More information about the requirements and the list of disqualifying crimes is available on the DOL website at www.dol.wa.gov.

Steps the federal government is taking, in concert with state regulators, to identify drivers most likely to endanger the U.S. transportation network through inappropriate use of their HME include:

• The TSA determines the driver's eligibility for a HME and then notifies state authorities such as DOL whether the driver may or may not be issued an HME.
• Drivers with hazardous material endorsements (HME) will undergo security threat assessments through FBI criminal history records checks. Checks by other federal agencies will include citizenship status and international and federal database searches for persons who have been convicted of certain felonies, may present a threat of terrorism, or a threat to national transportation security. Also checked will be proof of U.S. citizenship or having lawful permanent residency.
• Drivers who apply for, renew, or transfer the HME on their commercial driver license must provide fingerprints that will be used by law enforcement to check criminal history.
• Effective immediately, ineligible drivers are required to surrender their HME at any driver licensing office.

The driver, or the driver's employer, will be responsible for paying any required fees for the background check and fingerprinting. TSA officials have set the fee at $94. A list of fingerprint all locations for commercial HME drivers to use will be made available online at www.hazprints.com or by calling 1-877-429-7746 after January 30, 2005.