Crimes That Bar Drivers
Background checks were ordered by Congress in the Patriot Act, following the terrorist attacks of 9/11. Under the procedure set up by the Transportation Security Administration, all drivers who have a hazmat endorsement will have to be fingerprinted and clear a check by the FBI and other law enforcement agencies, as well as the Immigration and Naturalization Service.
A driver will be permanently barred from hauling hazmat loads if he has been convicted of a serious felony, and will be barred on an interim basis for other offenses TSA has an appeal and waiver program for drivers who wish to challenge a decision, or who claim they have been rehabilitated. Hazmat endorsements must be renewed at least every five years, although some states require more frequent renewal.
Details about the program and the location of fingerprinting sites are posted on the web at www.hazprints.com.
The crimes that bar a driver from getting a hazmat endorsement fall into two categories: interim and permanent.
Interim means that a driver is disqualified if he was convicted of one of these crimes, or found not guilty by reason of insanity, within the past seven years. This also applies if he has been released from prison for one of these crimes within the past five years, or is under indictment for any of these crimes.
Assault with intent to murder.
Kidnapping or hostage taking.
Rape or aggravated sexual abuse.
Extortion.
Robbery.
Arson.
Bribery.
Smuggling.
Immigration violations.
RICO 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, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, export of, or dealing in firearms or other weapons.
Conspiracy or attempt to commit any of these crimes.
A driver is permanently disqualified if he has ever been convicted, or found not guilty by reason of insanity, of these crimes:
Murder.
Terrorism.
Espionage.
Sedition.
Treason.
Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of, or dealing in an explosive or explosive device.
RICO violations (if the crime underlying the RICO conviction is on the list of permanently disqualifying crimes).
A crime involving a 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.
Driver Fingerprinting continued...
