Security Threat Assessment and Endorsement Requirements
You are a driver with a Class A CDL. You want to obtain a Hazardous Materials Endorsement (HME) to drive trucks carrying hazardous materials. You have a valid medical certificate and a clean driving record. You have never been convicted of a felony. However, you are not a U.S. citizen; you are a lawful permanent resident. You have a green card. You apply for the HME and undergo a security threat assessment (STA). During the STA, it is discovered that you have a previous arrest for a misdemeanor drug possession from 10 years ago, which was expunged. You did not disclose this arrest on your application because it was expunged. The TSA conducts the STA and may find this record. You are concerned about the outcome.
1. What are the eligibility requirements for an HME, and how might the expunged arrest affect your application?
Read the worked answer
Eligibility requirements for an HME include: being at least 18 years old (21 for interstate), having a valid CDL, passing a knowledge test, and undergoing a security threat assessment (STA) by TSA. The STA checks for criminal history, immigration status, and terrorist watchlist. Disqualifying factors include: conviction of certain felonies, especially those involving terrorism, murder, arson, explosives, etc.; being a fugitive; being in the U.S. illegally; or having a mental defect. A misdemeanor drug possession from 10 years ago may not be automatically disqualifying, but TSA considers the nature and severity. Expunged records may still be accessible to TSA through FBI checks. You must disclose arrests on the application? The application asks for criminal history; you must answer truthfully. Failure to disclose could be considered falsification, which is a disqualifier. Even if expunged, you should disclose if asked. The TSA will review the record and make a determination. You may be required to provide court documents. If denied, you have appeal rights. You should consult with an attorney or the TSA for guidance. The key is that the STA is comprehensive and you must be honest.
2. What are the consequences of driving a hazardous materials vehicle without a valid HME?
Read the worked answer
Driving a vehicle required to be placarded without a valid HME is a violation of federal law. Penalties can include civil penalties up to $75,000 per violation (or more if death or injury), and criminal penalties including fines and imprisonment. The driver may be placed out of service. The carrier may also be penalized for allowing an unqualified driver to operate. Additionally, the driver's CDL may be suspended or revoked. The driver must have the HME on their license before operating a placarded vehicle. The endorsement is required for vehicles carrying hazardous materials in quantities requiring placarding, or for certain quantities of hazardous waste. Therefore, you must not drive such a vehicle until you receive the HME.