As of January 31, 2005, Part 383.23 (c) (3) of the Federal Motor Carrier Safety Regulations prohibited a person with a CDL beginner’s permit from obtaining a hazardous materials endorsement (HME). Also, any applicant requesting a Hazmat endorsement (X or H) on an original CDL must submit fingerprints, submit to a background check and obtain security clearance from the U.S. Transportation Security Administration (TSA) before issuance of an original CDL that includes a Hazmat endorsement

The South Carolina Department of Motor Vehicles (SCDMV) implemented 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 can be issued or renewed. Drivers must submit a background records check application (HTAP Application) to the Department of Motor Vehicles and the Transportation Security Administration will approve or disapprove the driver for a HME.

DMV cannot issue, transfer, renew or upgrade a commercial driver's license with an HME until the driver completes a new application, is fingerprinted and the background check is complete.SCDMV provides an information sheet (DL-400-IS) regarding the requirements for obtaining hazardous materials endorsements.

Under 49 Code of Federal Regulations (CFR) 1572.13(d), a state that issued a HME may extend the expiration date on a renewal HME for up to 90 days if TSA has not provided a Final Determination of Threat Assessment or Determination of No Security Threat before the endorsement expires. Beginning August 15, 2005, DMV will be granting this extension to renewal HME applicants who are within 30 days of expiration at the time of application. This extension will not be offered if a license has already expired and can be processed only in one of the 10 fingerprinting offices.