PennDOT: Federal Law Changes Licensing Process for Drivers Transporting Hazardous Materials

Federal Fees, Background Checks, Fingerprinting Soon Required to Obtain or Maintain a HAZMAT Endorsement

HARRISBURG, Pa., Jan. 24 -- Pennsylvania State Transportation Secretary Allen D. Biehler, P.E., today announced that provisions of the USA PATRIOT Act require PennDOT to make sweeping changes to its process for licensing individuals who apply for an initial Hazardous Materials (HAZMAT) endorsement on their Commercial Driver's License (CDL) or renew a CDL with a HAZMAT endorsement.

The new federal requirements, which also include additional federal fees totaling $58, go into effect on Jan. 31 for CDL drivers who are applying for an initial HAZMAT endorsement. The same federal requirements and fees go into effect on May 31 for drivers who are renewing a CDL with a HAZMAT endorsement.

The changes are required under the Uniting & Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act.

"The provisions of the USA PATRIOT Act that address commercial drivers are being implemented to ensure that individuals who transport hazardous materials do not pose a threat to our national security," Biehler said. "As well, the changes significantly impact the process for customers obtaining an initial HAZMAT endorsement or renewing a CDL with a HAZMAT endorsement."

The new federal guidelines will require individuals to provide proof of U.S. citizenship or proof of appropriate immigration status, submit a Federal Security Threat Assessment application, pay additional federal fees totaling $58, which includes $34 for a federal criminal history background check and a $24 FBI fingerprint fee, have their fingerprints taken at a Pennsylvania State Police fingerprint location, and successfully complete a federal criminal history background check.

Customers will be required to complete this process each time a CDL with a HAZMAT endorsement is issued or renewed. Currently, the process for obtaining or renewing a CDL with a HAZMAT endorsement involves submitting an application, paying state licensing fees and passing a HAZMAT knowledge test.

The driver will not receive the HAZMAT endorsement until PennDOT receives notification from the federal Transportation Security Administration (TSA) that the driver has passed the criminal history background check, which could take several weeks.

Customers who applied for an initial HAZMAT endorsement prior to Jan. 31 but have not yet taken the required HAZMAT knowledge test and arrive at a PennDOT Driver License Center on or after that date to take the test will also need to comply with the new federal requirements.

PennDOT encourages renewing customers to take their HAZMAT recertification knowledge test as soon as they receive their recertification notice in the mail from PennDOT. Customers who recertify and have their fingerprints taken early allow ample time for the federal criminal history background check to be completed. Customers who wait to take their recertification test could risk having their CDL HAZMAT license expire before PennDOT receives the required federal approval from TSA.

Customers should allow 90 days from the day they have their fingerprints taken to give TSA time to complete the background checks and notify the driver and PennDOT of the results. Customers who renew before receiving notification from TSA will be issued a CDL without the HAZMAT endorsement.

"PennDOT is grateful to Col. Jeff Miller and the Pennsylvania State Police (PSP) for working with us to provide the fingerprinting service required as part of the USA PATRIOT Act," Secretary Biehler said. "It is through this PSP partnership that PennDOT is able to meet the complex requirements of this new federal law."

Individuals who renew their CDL with a HAZMAT endorsement before May 31 will not be subject to the additional federal requirements and fees until their next renewal.

Customers can renew a license up to six months prior to the license expiration date, which means that all CDL HAZMAT licenses that expire in late November 2005 can be renewed in May 2005. Customers who have not yet received their renewal notice from PennDOT can complete an "Application to Renew Commercial Driver's License" (Form DL143CD), available at http://www.dmv.state.pa.us/. Drivers will be required to pass their HAZMAT recertification knowledge test prior to renewing, or they will receive a CDL without the HAZMAT endorsement.

The additional federal requirements are the second phase of the USA PATRIOT Act impacting commercial drivers who transport hazardous materials. In 2003, TSA began a name-based screening of all CDL HAZMAT drivers across the country in an effort to identify individuals who posed a potential security threat.

"PennDOT encourages drivers not to delay the HAZMAT application and recertification process as it is much more involved and complex than it was in the past," Secretary Biehler said.

For more information on changes to the licensing of CDL HAZMAT drivers as a result of the USA PATRIOT Act, or to obtain a copy of the Federal Security Threat Assessment Application, visit http://www.dmv.state.pa.us/.