U.S. Patriot Act - Hazmat Requirements
Q. I would like to get a Hazmat endorsement, what do I have to do?
A: 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 fee at any Division of Motor Vehicles office. A TSA approved agent will fingerprint the applicant, collect $86.50 federal processing fees and submit their hazmat application to TSA. TSA will inform the applicant and DMV when they complete the security threat assessment.
Q. I'm a Delaware driver with an H endorsement, how does this affect me?
A: 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 approved agent before they may complete the renewal process. TSA will inform DMV when the driver has passed the security threat assessment. TSA recommends that you start this process no later than 30 days prior to the initial application or expiration of your Hazardous materials endorsement to allow time for the security threat assessment to be completed.
Q. I'm a CDL driver with an H endorsement, thinking of moving to Delaware. What will happen to my CDL and my HAZMAT endorsement?
A: 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. 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 re-accomplish the TSA security threat assessment to receive a license with the maximum number of years permissible under Delaware law.
Q. How much will it cost to obtain or renew a CDL license with a HAZMAT endorsement?
A: A Delaware CDL costs and the hazmat testing fee is . The TSA approved agent will collect a $86.50 processing fee. The $86.50 processing fee may be paid online by credit or debit card or may be paid in person by money order.
Q. Why are these changes being made?
A: 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.
Q. Who will these changes affect?
A: Commercial drivers who wish to obtain, renew or transfer a Hazmat endorsement.
Q. Are there any other requirements?
A: 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.
Q. Can CDL HAZMAT drivers renew early?
A: CDL HAZMAT holders are eligible to renew 30 days prior to their expiration date if they have met all of the requirements to carry a HAZMAT endorsement. 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 with TSA. TSA recommends that you start this process no later than 30 days prior to the initial application or expiration of your Hazardous materials endorsement to allow time for the security threat assessment to be completed.
Q. How is the Federal “Application for Security Threat Assessment” obtained?
A: The applicant may either complete the application online or over the phone. You can contact them at 1-855-347-8371 and at hazprints.tsa.dhs.gov/Public/ .
Q. Where do CDL HAZMAT drivers have their fingerprints taken?
A: There are two TSA approved Agent locations in Delaware that conduct fingerprinting. They are both walk-in basis only facilities. Search locations nationwide.
IdentoGo - #5376
610 W Basin Rd
New Castle, DE 19720-6412
Monday - Friday 8:30 am - 12:00 pm & 1:00 pm - 4:30 pm
IdentoGo - #5552
28 Old Rudnick Ln
Dover, DE 19901-4912
Wednesday 9:00 am – 12:30 pm & 1:00 pm – 3:30 pm
IdentoGo - #5644
3200 Kirkwood Highway (Located in Staples)
Wilmington, DE 19808-6153
Monday – Friday 10:00 am – 12:00 pm & 1:00 pm – 5:00 pm
Q. How often must CDL HAZMAT drivers qualify and be fingerprinted?
A: A TSA Threat Assessment must be completed every 5 years. Each driver renewing the TSA Threat Assessment must complete a new TSA application, pay the TSA fee of $86.50 and provide fingerprints.
Q. How will CDL HAZMAT drivers know when they should get their fingerprints taken?
A: CDL HAZMAT holders are eligible to renew 30 days prior to their expiration date if they have met all of the requirements to carry a HAZMAT endorsement. 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 recommends that you start this process no later than 30 days prior to the initial application or expiration of your Hazardous materials endorsement to allow time for the security threat assessment to be completed.
Q. Are there any testing requirements?
A: The Division of Motor Vehicles and the federal government require that all CDL HAZMAT drivers complete a hazmat knowledge test every five years.
Q. What documentation does a customer need to bring to the Division of Motor Vehicles?
A: One of the following is required to provide proof of citizenship:
- U.S. Passport
- Certificate of Birth that bears an official seal
- Certification of Birth Abroad (Form FS-545 or DS-1350)
- Certification of Naturalization (Form N-550 or N-570)
- Certification of U.S. Citizenship (Form N-560 or N561)
- Permanent Resident Card
- Alien Registration Receipt Card (Form I-551)
- Temporary I-551 stamp in foreign passport
- Temporary I-551 stamp on Form I-327
- Arrival/Departure Record with photograph of the bearer
Reentry Permit (Form I-327)
- Bureau of Citizenship and Immigration Services (BCIS) Alien Registration Number
Q. 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?
A: It truly depends on the response time from TSA. TSA recommends that you start this process no later than 30 days prior to the initial application or expiration of your Hazardous materials endorsement. This will allow ample time for the security threat assessment to be completed and avoid any interruption in your ability to transport hazardous materials.
Q. Who can apply for a HAZMAT endorsement?
A: In general, an individual must be a U.S. citizen or in an appropriate immigration status; be at least 21 years of age; hold a valid CDL or CDL Permit (for application purposes), 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.
Q. What violations would disqualify someone from obtaining a HAZMAT endorsement? What are the disqualifying criminal offenses that would disqualify?
A: 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:
- Assault with intent to murder
- Kidnapping or hostage taking
- Rape or aggravated sexual abuse
- Immigration violations
- RICO (Racketeer Influenced and Corrupt Organizations Act) violations
- Distribution of, possession with intent to distribute, or importation of a controlled substance ("simple possession" of a controlled substance without an intent to distribute is not considered disqualifying)
- Dishonesty, fraud, or misrepresentation, including identity fraud (e.g., felony-level embezzlement, tax evasion, perjury, and false statements to the Federal government)
- Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, or storage of an explosive device, firearm, or other weapon
- Conspiracy or attempt to commit any of these crimes
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:
- Unlawful possession, use, sale, distribution, or manufacture of an explosive
- RICO violations (if the crime underlying the RICO conviction is on the list of permanently disqualifying crimes)
- A crime involving a severe transportation security incident (i.e., security incident involving a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area)
- Improper transportation of a hazardous material (minor infractions involving transportation of hazardous materials will not disqualify a driver; for instance, no driver will be disqualified for minor roadside infractions or placarding violations)
- Conspiracy or attempt to commit any of these crimes
Q. What happens to drivers who currently hold HAZMAT endorsements but under this rule do not qualify for a HAZMAT endorsement?
A: Drivers who do not meet the federal requirements are required to voluntarily surrender their HAZMAT endorsement immediately.
Q. What happens if the security threat assessment (federal criminal history background check) indicates that a driver does not meet the federal requirements?
A: 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.
Q. What happens if TSA revokes the HAZMAT endorsement? Can the CDL license holder still drive?
A: 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.
Q. Is there an appeal process for drivers who are disqualified?
A: 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 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.
Q. Will a disqualified applicant be told why he or she is being rejected?
A: TSA is responsible for providing official notification to the driver.
Q. Where can I find more information about the new HAZMAT requirements?
A: Transportation Security Administration (TSA): tsa.gov
Information regarding the TSA approved Agent: https://universalenroll.dhs.gov/ or they can be contacted toll free at 855.347.8371.
Delaware’s Division of Motor Vehicles: www.dmv.de.gov