Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

TSA Issues Rule on Hazmat CDL Background Check

The Transportation Security Administration (TSA) and the U.S. Department of Transportation Friday issued an interim final rule

by Staff
May 2, 2003
3 min to read


The Transportation Security Administration (TSA) and the U.S. Department of Transportation Friday issued an interim final rule
requiring background checks on commercial drivers certified to transport hazardous items.
TSA's interim final rule is effective today, upon publication in the Federal Register.
The rule was required under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which was enacted by Congress on Oct. 25, 2001.
Under TSA's rule, the roughly 3.5 million commercial drivers with hazardous material endorsements now will be required to undergo a routine background records check that includes a review of criminal, immigration, and FBI records. Any applicant with a conviction (military or civilian) for certain violent felonies over the past seven years, or who has been found mentally incompetent, will not be permitted to obtain or renew the hazardous materials endorsement. The checks also will verify that the driver is a U.S. citizen or a lawful permanent resident as required by the USA PATRIOT Act.
The Federal Motor Carrier Safety Administration's (FMCSA) companion rule amends the Federal Motor Carrier Safety Regulations to prohibit states from issuing, renewing, transferring or upgrading a CDL with a hazmat endorsement, unless the TSA has first conducted a background records check of the applicant and determined that the applicant does not pose a security risk.
The FMCSA is also requiring states to establish a hazmat endorsement renewal period of at least five years to ensure that each holder of a hazardous materials endorsement routinely and uniformly receives a security screening. The five-year renewal cycle was established in close coordination with TSA, based on its security risk determination requirements. The rule does not apply to applicants for CDLs without a hazmat endorsement.
The list of disqualifying crimes was specifically designed to identify those most likely to endanger the nation's transportation network and is comparable to background reviews applied to millions of airport and airline employees. Disqualifying crimes include acts of terrorism, murder, assault with intent to murder, espionage, sedition, kidnapping or hostage taking.
Also, treason, rape or aggravated sexual abuse, extortion, robbery, arson, bribery, smuggling, immigration violations or RICO violations.
Included are unlawful possession, use, sale, distribution, or manufacture of an explosive, explosive device, firearm or other weapon. Also, distribution of, intent to distribute, possession, or importation of a controlled substance; dishonesty, fraud, or misrepresentation, including identity fraud. And crimes involving a severe transportation security incident; improper transportation of a hazardous material; or conspiracy or attempt to commit any of these crimes.
Only drivers applying for hazardous materials endorsements will be affected by this rule. If disqualified to hold hazmat endorsements, drivers may continue to transport all non-hazardous cargo. The rule provides an appeal process for cases in which the database information is incorrect, to ensure that no driver loses the hazmat endorsement due to inaccurate records. Also, drivers who committed a disqualifying offense, were found to be mentally incompetent or were committed to a mental institution may apply for a waiver if they prove that they are rehabilitated and capable of transporting hazmat safely.
Applicants will be subject to a name-based FBI criminal history records check and a check of Federal databases. Beginning in 180 days or less, current drivers applying to renew or transfer their hazmat endorsement and all new applicants must provide fingerprints. Under both the FMCSA and TSA rules, after 180 days, no state may issue, renew, or transfer a hazardous materials license unless TSA has notified the state that the individual holding the endorsement does not pose a security threat.
The USA PATRIOT Act authorized the Secretary of Transportation to develop standards to require commercial drivers with hazmat endorsements to undergo a criminal history background check. The Secretary delegated this authority to TSA, FMCSA and RSPA, which have worked closely with other federal agencies and industry associations to develop complementary rules to address the transportation of hazmat via truck.
Individuals and operators with questions about the new rule should contact TSA at patriotact@dhs.gov.
 

More Drivers

Nussbaum driver pay.
Driversby News/Media ReleaseMay 27, 2026

Nussbaum Expands Driver Compensation with Pay Raises, Profit Sharing

Nussbaum Transportation said its latest compensation package could push first-year driver earnings above $90,000 in key hiring markets.

Read More →
Maverick Transportation Freightliner Cascadia.
Driversby News/Media ReleaseMay 12, 2026

Maverick Announces 2026 Driver Pay Raises

New raises for Maverick Transportation drivers will take effect on May 31, 2026.

Read More →
Alleged Ohio toll evasion truck.
Driversby News/Media ReleaseMay 5, 2026

Illinois Trucker Indicted for Nearly $22,000 in Ohio Turnpike Toll Evasion

Authorities say an Illinois trucker avoided paying tolls for two years, and now faces felony charges, possible prison time, and forfeiture of his Freightliner tractor.

Read More →
Ad Loading...
Illustration with trojan horse and lock with inside of cargo container in background
Fleet Managementby News/Media ReleaseApril 23, 2026

New Trojan Driver Cargo Theft Scam Bypasses Carrier Vetting Systems

Cargo theft rings plant operatives as drivers inside legitimate, fully vetted carriers, then execute coordinated thefts that look like a traditional straight theft from the outside.

Read More →
Female truck driver.
Driversby News/Media ReleaseApril 21, 2026

WIM, Trucker Path Name Top 3 Women-Friendly Truck Stops

ATA’s Women In Motion Council and Trucker Path highlight three truck stops that meet all seven safety-focused criteria and rank highest among female drivers.

Read More →
Illustration of driver medical exam paperwork over duotone background of a blood pressure check

FMCSA Extends Paper Medical Card Exemption … Again

Five states still aren't ready to accept commercial driver medical exam information directly from the medical examiner's registry.

Read More →
Ad Loading...
Mack Pioneer tractor.
Driversby Jack RobertsApril 10, 2026

Mack Launches Digital Driver Guide for Chassis-Specific Truck Info

Mack’s new, virtual owner’s manual delivers VIN-based, on-demand guidance for vehicle systems via web, app, and soon in-cab displays.

Read More →
Close-up of Western Star truck logo with red star emblem on chrome grille, representing the brand’s identity in the trucking industry.
Driversby News/Media ReleaseApril 6, 2026

Western Star Showcases Truckers' Pride and Skill

Western Star is expanding its Star Nation Experience in 2026, adding new competitions and dealer participation to highlight operator skills and promote careers in trucking.

Read More →
Photo of truck driver at podium holding award
Driversby News/Media ReleaseMarch 27, 2026

Best Fleets to Drive For: Two Carriers Earn Overall Award for First Time

CarriersEdge announced the 2026 Best Fleets to Drive For overall winners, with Crawford Trucking, Fortigo Freight Services, and FTC Transportation receiving top awards.

Read More →
Ad Loading...
Illustration of Department of Labor building, diesel technician at a computer, and driver training semi trailer
Driversby Deborah LockridgeMarch 10, 2026

Federal Proposal Would Allow Pell Grants for Shorter-Term Job Training

The Department of Labor plans to expand Pell Grant eligibility to some shorter workforce training programs, a move the American Trucking Associations said will help strengthen commercial driver training schools and diesel technician training programs.

Read More →