FAQ

HAZMAT Endorsement Threat Assessment Program

Q: What is the rule under which TSA is conducting the Hazmat Driver Threat Assessment Program?
A: On May 5, 2003, TSA published a rule to secure the transportation of hazardous materials (Hazmat), including explosives, by requiring threat assessments for all individuals who apply for, renew, or transfer a Hazardous Materials Endorsement (HME) on their commercial Drivers License (CDL). On January 25, 2007, TSA modified this rule to include additional disqualifiers and appeal mechanisms.

Q: Who is affected by the rule?
A: You must undergo a threat assessment if you wish to transport hazardous materials requiring vehicle placards under DOT regulations. This rule does not apply to applicants for or holders of a CDL who do not wish to transport hazardous materials.

Q: Does this rule apply to drivers entering the U.S. from Canada and Mexico?
A: This rule applies only to drivers who hold a CDL issued by a state of the U.S. Generally, this would not include drivers from Canada and Mexico. There is a separate rulemaking that addresses Canadian drivers hauling explosives into the U.S. Eventually, all drivers will have to meet threat assessment and eligibility standards that are comparable to the standards that now apply to Hazmat drivers in the U.S.

Q: What constitutes a “hazardous material” under this rule?
A: Any material that requires placarding under the DOT hazardous materials regulations is considered a hazardous material for purposes of this rule.

Q: Who is eligible to hold an HME under the rule?
A: You must be a U.S. citizen, lawful permanent resident or alien with legal rights to work, and must not pose a threat of terrorism or a threat to national or transportation security.

Q: Will a conviction for drug possession or use disqualify a driver from holding a Hazmat endorsement?
A: Only if you were convicted of a felony within the past seven years, or were released from prison within the past five years. State laws vary on the quantity of drugs required for the offense to be considered a felony. Misdemeanor drug offenses will not disqualify you from holding a Hazmat endorsement under this rule.

Q: Will a conviction for a minor placarding violation or roadside infraction involving the transport of hazardous materials disqualify a driver from holding a Hazmat endorsement?
A: NO! Under the rule, you will be disqualified from holding an HME if you were convicted or found not guilty by reason of insanity of a felony involving improper transportation of a hazardous material.

Q: What happens to drivers who currently hold Hazmat endorsements but who are disqualified under this rule?
A: You must voluntarily and immediately surrender your Hazmat endorsement if the standards are not. You may apply for a waiver if you were convicted or found not guilty by reason of insanity of a disqualifying criminal offense, or were adjudicated as mentally incompetent or involuntarily committed to a mental institution, but you may only apply for the waiver after submitting an application and fingerprints for the threat assessment.

Q: What happens when a threat assessment indicates that a driver does not meet standards set forth under the rule?
A: TSA notifies you of the initial finding that a disqualifying event or status exists and you are given the opportunity to respond. If TSA makes a final determination that you pose a security threat, it will direct the state to revoke HME. If TSA discovers that you have outstanding criminal or immigration violations warrants, the information will be transmitted to the proper authorities.

Q: Is there an appeal process for drivers who are disqualified?
A: You may appeal the disqualification on the grounds of mistaken identity or other information, such as a reversed conviction.

Q: Will TSA tell a candidate why he or she is disqualified?
A: Yes, unless the information is classified.

Q: How often must a driver be fingerprinted and qualified under this rule?
A: Generally, you must renew your HME every five years, although some states may require more frequent reviews. You will be required to submit new fingerprints at the time of renewal of the endorsement.

Q: Why must individual truckers and/or their employers pay for the security threat assessment?
A: Congress did not appropriate funds to cover the cost of the security threat assessment, and so we must charge a fee to recover those costs. Currently, state motor vehicle departments require you to bear all the costs of applying for an HME on a CDL.

Q: Who is not covered by this rule?
A: You are unaffected by this rule if you don't wish to hold an HME. Similarly, you will not be asked to undergo fingerprinting if you wish to surrender your HME. You will not lose your right to hold a CDL or to transport non-hazardous cargo if you were disqualified from carrying hazardous materials due to past criminal convictions.