Driver License Hazardous Materials Endorsement (HME)
Effective January 31, 2005, the South Carolina Department of Motor Vehicles
(SCDMV) will implement provisions of the USA PATRIOT Act (Public Law 107-56
enacted by Congress on October 25, 2001) that apply to commercial drivers
transporting Hazardous Materials.
The primary impact to CDL drivers is the need for a background records check
before a hazardous materials endorsement (HME) can be issued or renewed.
Drivers must submit fingerprints and a background records check application to
the Department of Motor Vehicles and the Transportation Security Administration
(TSA) will approve or disapprove the driver for a HME.
-
Effective January 31, 2005, a person with a CDL beginner permit may no longer
obtain a hazardous material endorsement, based on Part 383.23 (c) (3) of the
Federal Motor Carrier Safety Regulations.
-
Effective January 31, 2005 the SC Department of Motor Vehicles will not issue a
first time SC HME to a CDL holder unless the driver submits fingerprints and
obtains a TSA security clearance or waiver. First time issues include
out-of-state transfers to South Carolina.
-
Effective May 31, 2005 the SC Department of Motor Vehicles will not renew any
CDL HME unless the driver submits fingerprints and obtains a TSA security
clearance or waiver.
-
SCDMV will not accept a security threat assessment from any other state.
Applicants will be required to complete a security threat assessment for the
state of South Carolina.
The background records check fingerprint fees will total $83.00, based on the
following fee schedule: SLED $25.00, FBI $24.00 and TSA $34.00. Only cash,
credit or debit card, money order, cashiers check or certified check will be
accepted. This cost does not include regular application, license and knowledge
test fees for the SC credential itself.
Applicants must understand that they may have to surrender their current
hazardous materials endorsement during the security threat assessment period
until SCDMV has received the approval from TSA.
How has the federal USA PATRIOT Act affected holders of a
Commercial Driver License (CDL) with a Hazardous Materials Endorsement (HME)?
Effective January 31, 2005, the South Carolina Department of Motor Vehicles
(SCDMV) will implement provisions of the USA PATRIOT Act (Public Law 107-56
enacted by Congress on October 25, 2001) that apply to commercial drivers
transporting Hazardous Materials.
The primary impact to CDL drivers is the need for a background records check
before a hazardous materials endorsement (HME) can be issued or renewed.
Drivers must submit fingerprints and a background records check application to
the Department of Motor Vehicles and the Transportation Security Administration
(TSA) will approve or disapprove the driver for a HME.
-
Effective January 31, 2005, a person with a CDL beginner permit may no longer
obtain a hazardous material endorsement, based on Part 383.23 (c) (3) of the
Federal Motor Carrier Safety Regulations.
-
Effective January 31, 2005 the SC Department of Motor Vehicles will not issue a
first time SC HME to a CDL holder unless the driver submits fingerprints and
obtains a TSA security clearance or waiver. First time issues include
out-of-state transfers.
-
Effective May 31, 2005 the SC Department of Motor Vehicles will not renew any
CDL HME unless the driver submits fingerprints and obtains a TSA security
clearance or waiver.
-
SCDMV will not accept a security threat assessment from any other state.
Applicants will be required to complete a security threat assessment for the
state of South Carolina.
Applicants must understand that they may have to surrender their current
hazardous materials endorsement during the security threat assessment period
until SCDMV has received the approval from TSA.
What is a security threat assessment?
The security threat assessment of HME holders is a name-based FBI criminal
history records check and a check of federal databases (occurring internally by
associated federal agencies).
Effective January 31, 2005, the South Carolina Department of Motor Vehicles
(SCDMV) will implement provisions of the USA PATRIOT Act (Public Law 107-56
enacted by Congress on October 25, 2001) that apply to commercial drivers
transporting Hazardous Materials.
The primary impact to CDL drivers is the need for a background records check
before a hazardous materials endorsement (HME) can be issued or renewed.
Drivers must submit fingerprints and a background records check application to
the Department of Motor Vehicles and the Transportation Security Administration
(TSA) will approve or disapprove the driver for a HME.
-
Effective January 31, 2005, a person with a CDL beginner permit may no longer
obtain a hazardous material endorsement, based on Part 383.23 (c) (3) of the
Federal Motor Carrier Safety Regulations.
-
Effective January 31, 2005 the SC Department of Motor Vehicles will not issue a
first time SC HME to a CDL holder unless the driver submits fingerprints and
obtains a TSA security clearance or waiver. Firs time issues include
out-of-state transfers.
-
Effective May 31, 2005 the SC Department of Motor Vehicles will not renew any
CDL HME unless the driver submits fingerprints and obtains a TSA security
clearance or waiver.
-
SCDMV will not accept a security threat assessment from any other state.
Applicants will be required to complete a security threat assessment for the
state of South Carolina.
Applicants must understand that they may have to surrender their current
hazardous materials endorsement during the security threat assessment period
until SCDMV has received the approval from TSA.
Other checks will include citizenship status and international and federal
databases for persons who:
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have been convicted of certain felonies;
-
are not U.S. citizens or are not lawful permanent residents;
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have been adjudicated as mentally incompetent or involuntarily committed to a
mental institution; or,
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who present a threat of terrorism or a threat to national transportation
security.
Drivers who are found to be ineligible cannot have a HME on their CDL. Drivers
may apply for a waiver under the rule. Information on obtaining a waiver is
available by calling TSA at 571-227-3200.
Why did the Transportation Security Administration TSA establish
these requirements?
The TSA established security measures to help protect the national
transportation system by adding more safeguards for those who transport the
most dangerous commercial products. These measures help the TSA fulfill its
obligation under the USA PATRIOT Act by ensuring the secure transportation of a
range of products-from chlorine to gasoline.
Who is affected by the Transportation Security Administration TSA
requirements?
Only commercial drivers transporting hazardous materials are required to undergo
a background record check. These requirements do not apply to drivers or
applicants for a CDL that do not apply for a hazardous materials endorsement
(HME).
-
Beginning January 31, 2005 the SC Department of Motor Vehicles will not issue a
first time SC HME to a CDL holder unless the driver submits fingerprints and
obtains a TSA security clearance or waiver. First time issues include
out-of-state transfers.
-
Beginning May 31, 2005 the SC Department of Motor Vehicles will not renew any
CDL HME unless the driver submits fingerprints and obtains a TSA security
clearance or waiver.
Applicants must understand that they may have to surrender their current
hazardous materials endorsement during the security threat assessment period
until SCDMV has received the approval from TSA.
What are the circumstances that make a driver ineligible for a
hazardous materials endorsement HME?
A driver will be disqualified from holding a hazmat endorsement 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 crimes:
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Assault with intent to murder
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Kidnapping or hostage taking
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Rape or aggravated sexual abuse
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Unlawful possession, use, sale, manufacture, purchase, distribution, receipt,
transfer, shipping, transporting, delivery, import, export of, or dealing in a
firearm or other weapon
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Extortion
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Dishonesty, fraud, or misrepresentation, including identity fraud
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Bribery
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Smuggling
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Immigration violations
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Violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C.
1961, et seq., or a State law that is comparable, other than the violations
listed in paragraph (j) of Part B: Permanently Disqualifying Criminal Offenses
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Robbery
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Distribution of, intent to distribute, or importation of a controlled substance
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Arson
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Conspiracy or attempt to commit the any of these crimes
A driver will be permanently disqualified from holding a hazmat endorsement on a
CDL if he or she was convicted or found not guilty by reason of insanity for
any of the following crimes:
-
Espionage
-
Sedition
-
Treason
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A crime listed in 18 U.S.C. Chapter 113B—Terrorism, or a State law that is
comparable
-
A crime involving a transportation security incident
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Improper transportation of a hazardous material under 49 U.S.C. 5124 or a State
law that is comparable
-
Unlawful possession, use, sale, distribution, manufacture, purchase, receipt,
transfer, shipping, transporting, import, export, storage of, or dealing in an
explosive or explosive device
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Murder
-
Conspiracy or attempt to commit any of these crimes
-
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 paragraphs (d) or (h) of this section
A driver will be disqualified from holding a hazmat endorsement on a CDL if he
or she is wanted or under indictment in any civilian or military jurisdiction
for a felony listed above until the want or warrant is released.
Convicted means any plea of guilty or nolo contendere or any finding of guilt.
Where can I get additional information about commercial driving and
transporting hazardous materials?
Additional information may be found at South Carolina CDL Information or by
calling Transportation Security Administration (TSA) at (866) 209-9673.
How will I be notified of the results of my security threat
assessment?
TSA will notify both SCDMV and the applicant of the security threat assessment
results. If approved, the applicant can then visit any SCDMV office to obtain a
CDL with a HME.
Will a driver or applicant be informed why they are ineligible for
a hazardous materials endorsement (HME)?
If the Transportation Security Administration (TSA) determines that the
background records check information is sensitive or may compromise national
security, the information cannot be released. However, if the information is
not sensitive, TSA will release the information to the driver.
Will employers be informed that a driver is not eligible to
transport hazardous materials?
No. The Transportation Security Administration (TSA) determines the driver's
eligibility for a hazardous materials endorsement (HME) and then notifies SCDMV
and the applicant whether the driver may or may not be issued an HME.
How is the Transportation Security Administration (TSA) assessing
the risk to security of CDL hazardous materials endorsement (HME) holders?
The TSA will use records in the national commercial driver license information
system to identify all HME drivers. TSA will check for a criminal record on
these drivers and any records that are found are reviewed against a list of
serious crimes detailed on the TSA application. When the criminal record check
shows that a CDL HME holder has committed a serious crime, the driver and state
licensing authorities are notified that the driver must surrender the HAZMAT
endorsement. TSA may also conduct background checks on current HME holders
through other means.
Are all holders of a Commercial Driver License (CDL) required to
get a background records check?
SCDMV will only require CDL holders applying for an original, renewal or
transfer with a hazardous materials endorsement are required to have a
background records check and be fingerprinted.
How many South Carolina CDLs with hazardous materials endorsement
(HME) are there?
Approximately 35,000 drivers have an HME on their South Carolina CDL.
How do I get or renew a hazardous materials endorsement (HME)?
Applicants for a first time or renewal CDL and HME are required to complete a
background records check and fingerprinting.
Steps required to obtain SC – CDL with HME
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Customer completes a form 447
Driver’s License Application
in any SCDMV office
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Customer pays for, completes and passes hazardous material knowledge test in
any SCDMV office
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Customer pays any other required application or credential fees, if obtaining a
non-Hazmat credential.
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Customer receives and completes a TSA approved application
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Customer goes to one of 10 SCDMV offices to have fingerprints recorded
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Customer pays all fees (CDL fingerprinting fee and application and credential
fees for non-hazmat credential, if not previously paid)
-
SCDMV representative records fingerprints
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SCDMV sends fingerprints to SLED, who will forward prints to FBI
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SCDMV sends application to TSA
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TSA completes threat assessment
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TSA notifies SCDMV of security threat assessment results
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TSA sends applicant the security threat assessment results
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Applicant brings TSA Notification to any SCDMV office
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SCDMV Field Office representative verifies security threat assessment results
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If applicant passes, SCDMV will issue a credential with an H or X endorsement
-
If applicant fails, SCDMV will only be able to issue a CDL without an H or X
endorsement, if applicant still requires a CDL.
Who reviews and approves the background records check?
The Transportation Security Administration (TSA) has the responsibility for
receiving, screening and approving or rejecting each background records check.
SCDMV does not conduct any background checks, approvals or denials.
If I don’t renew or transfer my CDL HME, could I still be subject
to a background check?
Yes. Current HME holders may be reviewed by TSA in order to determine whether or
not the driver can retain their HME or if it should be cancelled.
What other governmental entities are involved?
TSA is coordinating efforts at the national level with the Department of
Justice, the Department of Homeland Security, and the Federal Bureau of
Investigation. SCDMV is working at the state level with the State Law
Enforcement Division (SLED) and the regional office of the Federal Motor
Carrier Safety Administration.
How long will it take to complete the process, start to finish?
When the program starts, hazardous materials endorsement (HME) holders will be
notified at least 60 days prior to the expiration of their CDL. HME holders
must allow at least 60 days to make application to SCDMV, and complete the
background records check.
How much will the background records check and fingerprinting
cost?
The background records check fingerprint fees will total $83.00 and is based on
the following fee schedule: SLED $25.00, FBI $24.00 and TSA $34.00. This cost
does not include regular application, license and knowledge test fees.
Who pays for the cost of the background records check and
fingerprinting?
The driver is responsible for paying all fees collected by SCDMV for the
background record check and for fees charged for fingerprint collection.
Employers may choose to pay these costs for the driver.
What if I refuse to submit to the background records check or
fingerprinting?
If you refuse or fail to complete the background record check, you are
ineligible for a hazardous materials endorsement (HME). You will be prohibited
from transporting hazardous materials until the background records check is
approved and the HME is added to your CDL.
Can I get a waiver or exemption from fingerprinting and the
background records check?
No. Anyone required to have a CDL to transport hazardous materials will be
required to be fingerprinted and complete a background records check in order
to be issued a hazardous materials endorsement.
If I am denied a hazardous materials endorsement (HME) as a result
of the background record check, can I appeal?
Yes, a driver may appeal to TSA a decision that makes the driver ineligible for
an HME. Information regarding an appeal can be obtained by contacting TSA at
571-227-3200. SCDMV is not part of the appeal process and cannot answer
questions regarding unfavorable results.
Where do I go to get finger printed?
The following DMV offices will be conducting fingerprint collection for HME
endorsements. Please also refer to the Branch Office
fingerprinting schedule:
| Chester Office |
508 Belt Road
Chester, S.C. 29706
|
| Dillion Office |
1705 Highway 301 S.
Dillon, S.C. 29536
|
| Irmo/Ballentine Office |
1016 Broadstone Rd
Irmo, S.C. 29063
|
| Kingstree Office |
785 Eastland Ave.
Kingstree, S.C. 29556
|
| Ladson Office |
135 Wimberly Drive
Ladson, S.C. 29456
|
| North Augusta Office |
1913 Ascauga Lake Road
North Augusta, S.C. 29841
|
| Ridgeland Office |
S27-348 Live Oak Dr.
Ridgeland, S.C. 29936
|
| Pickens Office |
2133 Gentry Memorial Highway
Pickens, SC 29671 |
| Spartanburg Office |
1625 Southport Road,
Spartanburg, S.C.29306
|
| Greenwood Office |
510 W. Alexander Ext.,
Greenwood, S.C. 29646
|
Branch Office finger printing schedules
Effective May 31, 2005, fingerprinting services for HAZMAT endorsement
background checks will be offered in the following offices during these times:
| ONE DAY PER WEEK FROM 9:00 AM
TO 4:00 PM |
| Tuesday |
Wednesday |
Thursday |
Friday |
|
Chester
508 Belt Road Chester, SC 29706
|
Greenwood
510 W. Alexander Ext. Greenwood, SC 29646 |
Ridgeland
348 Live Oak Dr. Ridgeland, SC 29936 |
Kingstree
785 Eastland Ave. Kingstree, SC 29556
|
| MONDAY
THROUGH FRIDAY FROM 9:00 AM TO 4:00 PM |
|
Dillon
1705 Highway 301 S.
Dillon, SC 29536
|
Ladson
135 Wimberly Drive
Ladson, SC 29456 |
Pickens
2133 Gentry Memorial Highway
Pickens, SC 29671
|
Irmo/Ballentine
1016 Broadstone Road
Irmo, SC 29063 |
North Augusta
1913 Ascauga Lake Road
North Augusta, SC 29841
|
Spartanburg
1625 Southport Road
Spartanburg, SC 29306 |
|