The Owner-Operator Independent Drivers Association on Wednesday issued a press release urging the U.S. government to protect the privacy rights of hazmat drivers who are undergoing background checks ordered by the Transportation Security Administration.
According to OOIDA, drivers are worried that private information will be misused or that incorrect or ambiguous information will find its way into work histories, making them ineligible to drive for a living.
In the release, OOIDA said it submitted comments Monday in response to proposed changes in the rules for the background checks for truckers. The TSA is part of the Homeland Security Department.
"Truck drivers guard their right to privacy jealously," the association said in its written comments. OOIDA said its top priority is to make sure that "the TSA will not give to third parties the information used to assess drivers' backgrounds."
Under regulations that are part of the USA Patriot Act, all CDL holders with hazardous materials endorsements must submit fingerprints and obtain security clearance from the TSA before they can be issued a new or renewed CDL with the hazmat endorsement. The TSA requested public comments about the latest set of changes in rules in late November.
The changes include removal of simple drug possession from the list of crimes that can disqualify a hazmat driver. Arson, which under a previous version of the rules would have permanently disqualified a driver, is now listed as an interim disqualifier, while murder, previously on the interim list, can now permanently disqualify a driver.
OOIDA addressed others issues in the latest set of changes, including:
Foreign drivers Changes proposed by TSA would allow certain foreign citizens who are qualified to hold CDLs to apply for security threat assessments. OOIDA strongly opposes the change.
"The only reasons set forth in the (interim final rule) are that these persons are legally allowed to work in the United States, that they have properly obtained a CDL and that the trucking industry is in search of cheap labor," OOIDA said in its comments. "None of these reasons bear on the risk that this population may pose to homeland security."
"How will TSA know whether that person committed crimes or acts in their country of origin that would disqualify them from holding an HME? This is the kind of advantage a terrorist would try to exploit."
In addition, OOIDA pointed out that the rule would allow non-citizens whose backgrounds could not be checked to qualify for jobs when U.S. citizens would be required to have their backgrounds examined. That, OOIDA contends, provides those foreign drivers a "competitive advantage."
Firearms Another change would disqualify a driver from receiving a hazmat endorsement if that driver engaged in the "unlawful purchase, receipt, transfer, shipping, transporting, import, export and storage of a firearm or explosives," according to a notice on the DOT Web site.
In the association's written comments, OOIDA officials said they were concerned because of inconsistencies between the states; a trucker who was acting lawfully in his home state could be disqualified in another.
"OOIDA does not ask the TSA to condone the violations of state or local firearms laws," stated OOIDA's written comments. "But if an individual has all the proper permits and licenses in their home state or locality for a firearm, but is found not in compliance when traveling through another state or locality, this fact does not indicate that the person is a terrorist threat."
The group also pointed out previous cases in which truckers possessed items that would not normally be considered weapons, but which led to potential legal problems.
For example, the association pointed to the case of an OOIDA member who was arrested in Michigan and charged with possession of a deadly weapon for having a hunting knife in his cab.
"OOIDA urges the TSA to narrow the definition of this disqualifying offense to more accurately identify the type of violent or deceptive wrongdoer that TSA considers a terrorist threat," OOIDA officials wrote.
For more information, visit www.ooida.com.