Security agency to do background checks on hazardous material drivers

U.S. commercial driver's license holders who want to be authorized to transport hazardous materials will have to undergo federal background checks under interim Transportation Department rules in Monday's Federal Register.

Comments are due July 7.

Under the rules, effective immediately, states will be barred from issuing commercial driver's licenses with a hazardous materials endorsement until the Transportation Security Administration conducts a background records check on the applicant.

The TSA will examine several factors to determine if an applicant poses a security risk, such as residency status and past criminal record. Illegal aliens or applicants convicted of certain violent felonies within the past seven years will have their applications denied.

The new requirements will apply to the 3.5 million commercial drivers that transport hazardous material cargo, according to a TSA press release. Applicants will be able to appeal denials to ensure that the database information is correct. In addition, applicants found to have committed a disqualifying criminal offense can seek to obtain a waiver if they prove they have been rehabilitated.

The new rules also require states to renew hazardous material endorsements, including background checks, every five years. States were previously allowed to determine when, if at all, hazardous materials endorsements needed to be renewed. States will have a Nov. 3 deadline to begin compliance with the new rules, designed to meet provisions of the USA Patriot Act.