USA PATRIOT Act / New HAZMAT Commercial Driver Requirements
Overview & Frequently Asked Questions
The Uniting & Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act was signed into law on October 25, 2001. This Federal law addresses terrorism and national security and includes provisions that require commercial drivers who transport hazardous materials to have their fingerprints taken and successfully complete a Federal criminal history background check.
The new Federal requirements, issued by the U.S. Department of Homeland Security, Transportation Security Administration (TSA), in support of the Federal USA PATRIOT Act change the application process for each Commercial Driver License (CDL) holder who is applying for an initial hazardous materials (HAZMAT) endorsement or renewing a CDL with a HAZMAT endorsement.
All Pennsylvania drivers who apply for an initial HAZMAT endorsement on their CDL or renew their CDL with a HAZMAT endorsement will be affected by these changes.
Two key dates are important to remember:
- January 31, 2005 - New Federal requirements take effect for customers who apply for an initial HAZMAT endorsement. On or after January 31, 2005, applicants will be required to provide proof of U.S. citizenship or proof of appropriate immigration status, complete a Federal “Application for Security Threat Assessment,” pay additional Federal fees, have their fingerprints taken and successfully complete a Federal criminal history background check.
- May 31, 2005 – Customers who are renewing the HAZMAT endorsement on their Pennsylvania-issued CDL or transferring an out-of-state CDL (that has a HAZMAT endorsement) into Pennsylvania will be required to provide proof of U.S. citizenship or proof of appropriate immigration status, complete a Federal “Application for Security Threat Assessment,” pay additional Federal fees, have their fingerprints taken and successfully complete a Federal criminal history background check.
In general, CDL Drivers who apply for a HAZMAT endorsement or renew their CDL with a HAZMAT endorsement will be required to:
· Pay $58 in Federal fees, which includes a $34 Federal Security Threat Assessment fee (Federal criminal history background check) and a $24 FBI fingerprint fee. Although these are Federal fees, the check is made payable to PennDOT; PennDOT then forwards the fees to the appropriate Federal agency.
· Submit a Federal “Application for Security Threat Assessment” (Form DL288, available on PennDOT’s Driver & Vehicle Services Web site, www.dmv.state.pa.us)
· Provide proof of U.S. citizenship or appropriate immigration status at a PennDOT Driver License Center
· Have their fingerprints taken at a Pennsylvania State Police (PSP) Fingerprint Location (a listing of locations is available on www.dmv.state.pa.us)
· Receive Federal clearance from TSA before being issued a HAZMAT endorsement
Q: How much will it cost to obtain or renew a CDL with a HAZMAT endorsement?
A: In addition to the State fees, new Federal fees totaling an additional $58 will be required for applicants who apply for or renew a HAZMAT endorsement. The new fees will include the cost of fingerprinting ($24 FBI fee) and the cost of a Federal criminal history background check ($34). Although these are Federal fees, the check is made payable to PennDOT; PennDOT then forwards the fees to the appropriate Federal agency.
For customers renewing a CDL with an H or X endorsement, the State renewal fee is $76 ($96 if the license includes a Class M). With the additional Federal fees, the total cost to renew and retain a CDL with a HAZMAT endorsement will be $134 ($154 if the license includes a Class M).
Q: Why are these changes being made?
A: PennDOT 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.
Q: Who will these changes affect?
A: Commercial drivers who wish to transport hazardous materials requiring vehicle placards under Federal Research and Special Programs Administration (RSPA) regulations will be affected by this rule and will be required to successfully complete a Federal criminal history background check prior to receiving a HAZMAT (H or X) endorsement. This includes all drivers who apply for an initial HAZMAT endorsement or renew their CDL with a HAZMAT endorsement.
Q: What are the upcoming changes?
A: Effective January 31, 2005 – Customers who are applying for an initial HAZMAT endorsement will be required to comply with the new requirements. Chart A lists the current requirements for applying for an initial HAZMAT endorsement, and compares them to the requirements that go into effect on January 31, 2005.
Chart A – Requirements for Applying for an Initial HAZMAT Endorsement
Requirements for obtaining an initial HAZMAT endorsement before 1/31/05 / Requirements for obtaining an initial HAZMAT endorsement on 1/31/05 and after· Submit a permit application
· Pay the Pennsylvania fee
· Pass the HAZMAT knowledge test / · Submit a permit application
· Pay the Pennsylvania fee
· Pass the HAZMAT knowledge test
· Appear at a PennDOT Driver License Center and provide proof of U.S. citizenship or proof of appropriate immigration status
· Complete a Federal “Application for Security Threat Assessment” (Form DL288)
· Pay Federal fees totaling $58; check made payable to PennDOT (includes a TSA Security Threat Assessment application fee of $34 and a $24 FBI fingerprint check fee)
· Appear at a Pennsylvania State Police Fingerprint Location to be fingerprinted for the Federal Security Threat Assessment (Federal criminal history background check)
· Await clearance from the Federal Department of Homeland Security, Transportation Security Administration (TSA), before being issued a HAZMAT endorsement
Effective May 31, 2005 – Customers who are renewing or transferring an existing (issued from another state) CDL with a HAZMAT endorsement must comply with the new requirements. Chart B lists the requirements before May 31, 2005, for renewing a CDL with a HAZMAT endorsement and compares them to the requirements that go into effect on May 31, 2005. Individuals who renew prior to May 31, 2005, will not be subject to the additional Federal requirements and additional Federal fees until their next renewal.
Chart B – Requirements for Renewing a CDL with a HAZMAT Endorsement
Requirements for renewing a CDL with a HAZMAT endorsement before 5/31/05 / Requirements for renewing a CDL with a HAZMAT endorsement on 5/31/05 and after· Pass the HAZMAT recertification knowledge test
· Submit a renewal application
· Pay the Pennsylvania renewal fee / · Pass the HAZMAT recertification knowledge test
· Appear at a PennDOT Driver License Center and provide proof of U.S. citizenship or proof of appropriate immigration status
· Complete a Federal “Application for Security Threat Assessment” (Form DL288)
· Pay Federal fees totaling $58; check made payable to PennDOT (includes a TSA Security Threat Assessment application fee of $34 and a $24 FBI fingerprint check fee)
· Appear at a Pennsylvania State Police Fingerprint Location to be fingerprinted for the Federal Security Threat Assessment (Federal criminal history background check)
· Await clearance from the Federal Department of Homeland Security, Transportation Security Administration (TSA)
· Submit a renewal application
· Pay the Pennsylvania renewal fee
Q: Are there any other requirements?
A: The Federal self-reporting requirement remains in effect. Since September 2, 2003, CDL drivers with a HAZMAT endorsement who do not meet the new Federal requirements must voluntarily surrender their HAZMAT endorsement. Pennsylvania drivers must complete an “Application to Replace/Correct a Commercial Driver’s License (Form DL80CD, available online at www.dmv.state.pa.us) and check off “HAZMAT Endorsement” in the “Drop Privilege” portion of the form. The application will need to be notarized. A fee of $10 is required for a duplicate CDL; $15 if the CDL has a Class M endorsement. PennDOT will issue a replacement CDL without the HAZMAT endorsement.
Q: Can CDL HAZMAT drivers renew early?
A: Yes, you can renew up to six months in advance of your CDL expiring. Individuals who renew prior to May 31, 2005, will not be subject to the additional Federal requirements and additional Federal fees until their next renewal. It is important, however, that you pass the HAZMAT recertification knowledge test before renewing your CDL. If you renew before passing your HAZMAT recertification knowledge test, your CDL license will be issued without the HAZMAT endorsement.
Q: How can I renew my CDL with a HAZMAT endorsement early?
A: If you haven’t received your renewal notice from PennDOT, you can complete an “Application to Renew Commercial Driver’s License” (Form DL143CD) and mail it, along with your renewal fee, to PennDOT. This form is available online at www.dmv.state.pa.us or at any PennDOT Driver License Center. Be sure that you pass your HAZMAT recertification knowledge test before submitting your renewal.
Q: How is the Federal “Application for Security Threat Assessment” (Form DL288) obtained?
A: Customers who have an existing CDL with a HAZMAT endorsement will receive a DL288 in the mail included with their recertification notice. Customers who are applying for an initial HAZMAT endorsement may obtain the DL288 online at www.dmv.state.pa.us, or by visiting any PennDOT Driver License Center.
Q: What is the purpose of the Federal “Application for Security Threat Assessment” (Form DL288)?
A: The application is for TSA to conduct a security threat assessment. Basically, the assessment is a Federal criminal history background check that involves a check of citizenship status, FBI records, a criminal history records check, an immigration check, and an intelligence-related check. These checks occur on the Federal level, not the State level. All drivers who are initially obtaining or renewing a CDL with a HAZMAT endorsement must successfully pass the security threat assessment (Federal criminal history background check) before issuance of a HAZMAT endorsement. TSA notifies PennDOT whether or not the customer successfully completed the security threat assessment.
Q: Where do CDL HAZMAT drivers have their fingerprints taken?
A: Customers will be required to have their fingerprints taken at a Pennsylvania State Police (PSP) Fingerprint Location. A complete listing of the 81 PSP Fingerprint Locations, with their hours of operation, is available on www.dmv.state.pa.us.
After passing the HAZMAT knowledge test, providing proof of citizenship status and submitting the DL288 and Federal fees at a PennDOT Driver License Center, customers will receive a fingerprint authorization letter and a listing of the 81 PSP Fingerprint Locations, with their hours of operation.
Q: How long will the fingerprinting process take?
A: The fingerprinting process will take approximately 30 minutes.
Q: How often must CDL HAZMAT drivers qualify and be fingerprinted?
A: Every time a HAZMAT endorsement is initially issued or renewed, the driver must appear at a PennDOT Driver License Center to provide proof of U.S. citizenship or appropriate immigration status. Individuals must also complete a Federal “Application for Security Threat Assessment” (Form DL288) with the Federal fees ($58), and have their fingerprints taken for the Federal criminal history background check.
Q: How will CDL HAZMAT drivers know when they should have their fingerprints taken?
A: PennDOT will include the new Federal requirement information with the HAZMAT recertification knowledge test notice that is issued to drivers renewing their CDL with a HAZMAT endorsement. This recertification is mailed approximately seven months before the CDL with a HAZMAT endorsement is to expire.
Q: Exactly how will the new process work for obtaining or renewing a CDL with a HAZMAT endorsement?
A: For customers who are obtaining an initial HAZMAT endorsement on their CDL, here is how the process will work:
1. Customer submits a HAZMAT application (Form DL31CD) and pays the Pennsylvania fees.
2. Customer passes the HAZMAT knowledge test at a PennDOT Driver License Center.
3. Customer provides documentation at the PennDOT Driver License Center to prove U.S. citizenship or appropriate immigration status (see next question for acceptable documents). At the same time, the customer will complete a Federal “Application for Security Threat Assessment” (Form DL288) and pay $58 in Federal fees in the form of a check made payable to PennDOT. PennDOT forwards customer information to TSA and Federal criminal history background check begins.
4. Customer then appears at a PSP Fingerprint Location to have fingerprints taken.
5. After PennDOT receives clearance from TSA that the customer passed the security threat assessment (Federal criminal history background check), he/she is issued a CDL with a HAZMAT endorsement.
For customers who are renewing their CDL with a HAZMAT endorsement, here is how the process will work:
1. Customer passes the HAZMAT recertification knowledge test at a PennDOT Driver License Center.
2. Customer provides documentation at the PennDOT Driver License Center to prove U.S. citizenship or appropriate immigration status (see next question for acceptable documents). At the same time, the customer will complete a Federal “Application for Security Threat Assessment” (Form DL288) and pay $58 in Federal fees in the form of a check made payable to PennDOT. PennDOT forwards customer information to TSA and Federal criminal history background check begins.
3. Customer then goes to a PSP Fingerprint Location to have fingerprints taken.
4. PennDOT receives clearance from TSA that the customer passed the security threat assessment (Federal criminal history background check).
5. Customer submits renewal application and pays Pennsylvania renewal fee ($76, or $96 if the license has a Class M).
6. Customer is issued a CDL with a HAZMAT endorsement.
Q: What documentation does a customer need to bring to the PennDOT Driver License Center as proof of citizenship or appropriate immigration status?
A: For a U.S. Citizen, Federal regulations require customers to provide one of the following:
1. U.S. Passport
2. Certificate of birth that bears an official seal and was issued by a State, county, municipal authority, or outlying possession of the United States
3. Certification of Birth Abroad issued by the U.S. Department of State (Form FS-545 or DS-1350)
4. Certificate of Naturalization (Form N-550 or N-570)
5. Certificate of U.S. Citizenship (Form N-558 or N-561)