Driver Services
U.S. Patriot Act - New Hazmat Requirements
1. |
What are the key dates? |
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| a. | January 31, 2005 – NEW APPLICANTS – Any CDL driver applying for a hazardous materials endorsement for the first time must complete a Transportation Security Administration (TSA) security threat assessment. | |
| b. | May 31, 2005 – TRANSFER & RENEWALS – Delaware CDL drivers who are renewing their HAZMAT endorsement and CDL drivers transferring into the State of Delaware from another jurisdiction must have a current TSA security threat assessment. | |
2. |
I would like to get a Hazmat endorsement, what do I have to do? |
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| Those CDL drivers who want to obtain a hazardous materials endorsement or renew or transfer their hazmat endorsement must complete a hazmat test, provide proof of their USA citizenship or immigration status and pay a $5 fee at any Division of Motor Vehicles office. A TSA agent (located only at the Dover Inspection Lane office) will fingerprint the applicant, collect $89.25 federal processing fees and submit their hazmat application to TSA. TSA will inform the applicant and DMV when they complete the security threat assessment. | ||
3. |
I am a Delaware driver with an H endorsement, how does this affect me? |
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| On May 31, 2005 customers who are renewing their HAZMAT endorsement on their Delaware issued CDL, must complete the license and hazmat renewal process through any DMV office. Then the driver must submit a TSA Security Threat Assessment application and provide fingerprints to the TSA agent between 30 and 60 days before they may complete the renewal process. TSA will inform DMV when the driver has passed the security threat assessment. | ||
4. |
I am a CDL driver with an H endorsement, and I’m thinking of moving to Delaware, what will happen to my CDL and my HAZMAT endorsement? |
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| Starting May 31, 2005 the State of Delaware is not permitted to issue a CDL with an H or X endorsement until TSA completes a security threat assessment on the applicant. Delaware will transfer your CDL but we may not place the hazmat endorsement on the license until authorized by TSA. The TSA security threat assessment process takes about 30 days. If you have a CDL with a hazmat endorsement and current TSA security threat assessment, then Delaware will issue you a CDL with the hazmat endorsement. However, the expiration date of the license will be based upon the TSA security threat assessment expiration date since the CDL expiration date must coincide with the hazmat expiration date. The driver may elect to reaccomplish the TSA security threat assessment so that the CDL and hazmat expiration date is for five years. | ||
5. |
How much will it cost to obtain or renew a CDL license with a HAZMAT endorsement? |
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| A Delaware CDL costs $30 and the hazmat testing fee is $5. The TSA agent will collect a $89.25 processing fee. The $89.25 processing fee may be paid online by credit or debit card or may be paid in person by money order. | ||
6. |
Why are these changes being made? |
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| Delaware is required to implement these changes as part of the USA Patriot Act, a federal law that addresses terrorism and national security. These additional federal requirements are being implemented to make sure all commercial drivers who transport hazardous materials do not pose a security threat to our national transportation system. The primary federal agency responsible for these changes is the Transportation Security Administration (TSA). Their website is www.tsa.gov type keyword “HAZMAT” for additional information on hazardous material endorsements. | ||
7. |
Who will these changes affect? |
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| Commercial drivers who wish to obtain, renew or transfer a Hazmat endorsement. | ||
8. |
Are there any other requirements? |
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| The Federal self-reporting requirement remains in effect. Drivers with a HAZMAT endorsement who do not meet the new federal requirements must voluntarily surrender their HAZMAT endorsement. | ||
9. |
Can CDL HAZMAT drivers renew early? |
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| Delaware will notify each CDL driver who has a hazmat endorsement at least 60 days in advance of your CDL expiration date. After passing the Delaware HAZMAT knowledge test, the driver may begin the federal process. TSA would like you to begin the renewal process 30 to 60 days before the expiration of your license. | ||
10. |
How is the Federal “Application for Security Threat Assessment” obtained? |
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| The applicant may either complete the application online or over the phone. You can contact them at (877) 429-7746 and at the following website www.hazprints.com. | ||
11. |
Where do CDL HAZMAT drivers have their fingerprints taken? |
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| In Delaware a TSA Agent, located at
the Dover Inspection Lane office will take your fingerprints.
You can contact them at (302) 744-2578 and at the following website www.hazprints.com. |
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12. |
How often must CDL HAZMAT drivers qualify and be fingerprinted? |
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| Recertification of your HAZMAT endorsement will be required every five (5) years. | ||
13. |
How will CDL HAZMAT drivers know when they should get their fingerprints taken? |
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| The Division will notify all CDL HAZMAT drivers at least 60 days in advance of their license expiration date. TSA will only allow drivers to begin the new federal process 60 days in advance. TSA wants drivers to begin the fingerprinting and application process 60 to 30 days before their license expires. | ||
14. |
Are there any testing requirements? |
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| The Division of Motor Vehicles and the federal government require that all CDL HAZMAT drivers complete a hazmat knowledge test every five years. | ||
15. |
What documentation does a customer need to bring to the Division of Motor Vehicles? The following documentation is required to provide proof of citizenship: |
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16. |
How long will the entire process take (i.e. submitting the application, having the fingerprints taken, passing the federal background check and obtaining a CDL with a HAZMAT endorsement? |
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| Applicants should apply 30 to 60 days prior to renewing their license. This will enable you to avoid any interruption in your ability to transport hazardous materials. The TSA security assessment may take up to 30 days to complete. However, the process will take longer if the applicant files an appeal to TSA’s decision or requests a waiver. | ||
17. |
Who can apply for a HAZMAT endorsement? |
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| In general, an individual must be a U.S. citizen or in an appropriate immigration status; must not have a disqualifying criminal offense; must not have been adjudicated as mentally incompetent or involuntarily committed to a mental institution; and must not pose a threat of terrorism or a threat to national transportation security. | ||
18. |
What violations would disqualify someone from obtaining a HAZMAT endorsement?What are the disqualifying criminal offenses that would disqualify? |
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A driver is disqualified from holding a HME if he or she was convicted* or found not guilty by reason of insanity within the past seven years, was released from prison within the past five years, or is wanted or under indictment, for any of the following crimes:
*Convicted means any plea of guilty or nolo contendere or any finding of guilt. A driver will be permanently disqualified from holding a HME if he or she was ever convicted or found not guilty by reason of insanity of any of the following crimes:
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19. |
What happens to drivers who currently hold HAZMAT endorsements but under this rule do not qualify for a HAZMAT endorsement? |
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| Drivers who do not meet the federal requirements are required to voluntarily surrender their HAZMAT endorsement immediately. | ||
20. |
What happens if the security threat assessment (federal criminal history background check) indicates that a driver does not meet the federal requirements? |
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| If TSA determines that an individual poses a security threat, TSA will notify the applicant and direct the state to revoke the individual’s HAZMAT endorsement immediately. | ||
21. |
What happens if TSA revokes the HAZMAT endorsement? Can the CDL license holder still drive? |
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| Yes. Only the HAZMAT endorsement is revoked. The driver will need to apply for a replacement license. A commercial driver may still maintain a CDL license, but the HAZMAT endorsement will be removed. | ||
22. |
Is there an appeal process for drivers who are disqualified? |
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| Yes. Applicants who have been informed that they are disqualified may appeal to TSA under certain circumstances. They may appeal the disqualification crime on grounds of mistaken identity or other information. For details on the appeal and waiver process, please go to www.tsa.gov, the TSA website. Your appeal is between you and TSA. The State of Delaware will only be notified of the result from the appeal like the driver. | ||
23. |
Will a disqualified applicant be told why he or she is being rejected? |
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| TSA is responsible for providing official notification to the driver. | ||
24. |
Where can I find more information about the new HAZMAT requirements? |
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| Transportation Security Administration (TSA) at www.tsa.gov | ||
| Information regarding the TSA Agent at www.hazprints.com or they can be contacted toll free at (877) 429-7746. | ||
| Delaware’s Division of Motor Vehicles website at www.dmv.de.gov | ||
