2024 Facts for Drivers PDF
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Summary
This document provides information on background checks, security threats, and waivers for commercial drivers. It details circumstances in which drivers may request waivers and the criteria TSA uses to make those decisions. The document also mentions the Moving Ahead for Progress in the 21st Century Act (MAP-21).
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or unloading any Class 1 (explosive), Class 3 (flammable liquid), and Class 5 (oxidizing), or Divisions 2.1 (flammable gas), 4.1 (flammable solid) and 4.2 (spontaneously combustible) materials. Extreme care must be taken to prevent these materials from being exposed to fire or other sources of ignit...
or unloading any Class 1 (explosive), Class 3 (flammable liquid), and Class 5 (oxidizing), or Divisions 2.1 (flammable gas), 4.1 (flammable solid) and 4.2 (spontaneously combustible) materials. Extreme care must be taken to prevent these materials from being exposed to fire or other sources of ignition during loading and unloading. A cargo tank must be attended by a qualified person at all times when it ts being loaded or unloaded. Background Check: In response to the terrorist attacks of September 11, 2001, Congress passed The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (also known as the USA PATRIOT Act). Section 1012 of the Act requires that any commercial driver who has or will seek a hazardous material endorsement (HME) to their CDL must undergo a fingerprint-based background check, in addition to a name-based background check. Background checks are valid for five years unless revoked for cause. If the driver “fails” the background check (1.e., the results of the background check expose something in the driver's record that does not meet the security threat assessment standards), then TSA will provide an initial notice to the individual driver and give the driver an opportunity to appeal/correct the information upon which TSA based its determination. A driver may also request a waiver from TSA based upon the particu- lar circumstances. Waivers will be based on these criteria: 1. ‘The circumstances of any disqualifying act; 2. Restitution made by the individual; 3. Any federal or state mitigation remedies; or, 4. Other factors that indicate the individual does not pose a security threat. If TSA determines that a driver does not meet the security threat assessment standards, TSA will provide notice to the driver and the issuing state. Federal law also requires TSA to inform employers of a driver's disqualification. The Moving Ahead for Progress in the 21st Century Act (MAP-21) requires states to (1) report any HM highway route changes to BE