Hazmat security threat assessment

Scope

Drivers operating any size of commercial motor vehicle (CMV) hauling hazmat in quantities requiring placarding must obtain a commercial driver’s license (CDL) with an Hazardous Materials Endorsement (HME). This is the same no matter the state of operation, and is true whether a carrier operates in intrastate or interstate commerce.

Regulatory citations

• None

Key definitions

• Hazmat: Defined in 383.5 as “any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under Subpart F of 49 CFR Part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR Part 73.”

Summary of requirements

Due to the volatile nature of the cargo they haul, CDL drivers who haul hazardous materials have these requirements plus even more stringent criteria under security regulations. Security risk assessments are conducted by the Transportation Security Administration (TSA) in conjunction with state licensing offices as drivers apply for, update, or transfer an HME.

Under Part 383, states can only issue an HME for a maximum of five years. It could be for a lesser time period if the state so desires. Contact your state licensing agency for specific details for your state.

Security threat assessment. Under the rules governing the Hazmat Threat Assessment Program, an applicant will be disqualified from holding an HME if the applicant:

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

As a part of the process, drivers must complete an application and submit fingerprints at designated state locations.

For a complete list of the disqualifying factors, refer to Part 1572, Subpart B—Standards for security threat assessments.

Canadian and Mexican hazmat drivers entering the U.S. Canadian and Mexican hazmat drivers entering U.S. commerce will be expected to hold a Free and Secure Trade (FAST) credential or a Transportation Worker Identification Credential (TWIC) in lieu of the endorsement and its investigation. The vetting processes are similar to the HME threat assessment and use many of the same data bases.