The US Patriot Act is part of the new Homeland Security legislation passed by Congress in response to the terrorist attacks of September 11, 2001. The Transportation Security Administration (TSA) is a federal agency created as a result of this legislation and oversees security measures for all types of transportation.

The TSA and the US Department of Transportation (USDOT) have issued rules to secure the transport of all hazardous materials (HazMat). These new rules require background checks of commercial drivers carrying the HazMat endorsement on their CDL, making them certified to transport hazardous materials. The background check includes collecting the individual's fingerprints and verification of US citizenship, immigration eligibility or permanent legal residence in the United States.

All states were mandated to have these new fingerprint and background check requirements in place by January 31, 2005 for new HazMat endorsement applicants and no later than May 31, 2005 for renewal applicants and state-to-state-transfer applicants with existing HazMat endorsements. After these deadline dates, no CDL with a HazMat endorsement may be issued or renewed unless the applicant has first undergone a security background check and obtained clearance from the Transportation Security Administration.

The TSA has designated Integrated Biometrics Technology as the vendor to complete the fingerprint process for all hazmat applicants. The Rhode Island location for fingerprinting is:

EMSI - 3475 Post Road
Warwick, RI 02886

(401) 732-5300

The fee for the collection of fingerprints and driver application for a security check is $94.00, payable by credit card, electronic check or money order only (no cash will be accepted). The driver can complete the TSA HazMat driver application on the TSA - HazPrints Website or call the toll-free Driver Help Desk at 1-877-429-7746 for assistance. The application must be completed prior to arriving at the fingerprint capture location.

Please be advised that it takes approximately 4-5 weeks to process your application. In order to renew your CDL with HazMat endorsement, transfer CDL/HazMat from state-to-state, or apply for a new CDL with HazMat, you must supply the Rhode Island DMV with the clearance letter you will receive from the TSA, not the receipt for the application process.

The clearance letter that you recieve from the TSA is valid for 90 days from the date on the letter.

For more information, please visit the websites listed below or call the toll-free Help Desk at 1-877-429-7746.

• Integrated Biometrics Technology
• Transportation Security Administration

 

List of Disqualifying Criminal Offenses for Hazardous Materials Endorsement

Part A: Permanently Disqualifying Criminal Offenses:
An applicant will be permanently disqualified from holding a TWIC or a HME on a CDL if he or she was convicted or found not guilty by reason of insanity for any of the following felonies:

• Espionage
• Sedition
• Treason
• A federal crime of terrorism as defined in 18 U.S.C. 2332b(g), or comparable State law
• A crime involving a transportation security incident
• Improper transportation of a hazardous material under 49 U.S.C. 5125 or a State low comparable
• Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of, or dealing in an explosive or explosive device
• Murder
• Making any threat, or maliciously conveying false information knowing the same to be false, concerning the deliverance, placement, or detonation of an explosive or other lethal device in or against a place of public use, a state or government facility, a public transportation system, or an infrastructure facility.
• Violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1961, et seq., or a State law that is comparable, where one of the predicate acts found by a jury or admitted by the defendant, consists of one of the offenses listed in Part A of this section
• Conspiracy or attempt to commit any of these crimes

 

Part B: Interim Disqualifying Offenses
A driver will be disqualified from holding a TQIC or HME on a CDL if he or she was convicted or found not guilty by reason of insanity within the previous seven years or was released from prison in the last five years for any of the following felonies:

• Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, export of, or dealing in a firearm or other weapon.
• Extortion
• Dishonesty, fraud, or misrepresentation, including identity fraud
• Bribery
• Smuggling
• Immigration violations
• Distribution of, intent to distribute, or importation of a controlled substance
• Arson
• Kidnapping or hostage taking
• Rape or aggravated sexual abuse
• Assault with intent to murder
• Robbery
• Fraudulent entry into a seaport as described in 18 U.S.C. 1036, or a comparable State law
• Violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1961, et seq., or Permanently Disqualifying Criminal Offenses
• Conspiracy or attempt to commit the any of these crimes

 

Part C: Under Want or Warrant
A driver will be disqualified from holding a TWIC or a HME on a CDL if he or she is wanted or under indictment in any civilian or military jurisdiction for a felony under Part A or Part B until the want or warrant is released.