In developing a rule to require background checks for commercial drivers transporting hazardous materials, The Petroleum Marketers Association of America (PMAA) is urging the Department of Transportation (DOT) to ensure that the federal law preempts state requirements. PMAA is concerned that marketers will face additional costs and confusion resulting from having to comply with differing state and federal requirements.
DOT is developing procedures for background checks, as required under the USA Patriot Act, which was signed into law October 26, 2001, by President Bush. Currently, 10 states have introduced bills requiring criminal background checks for commercial hazmat transport endorsements on commercial driver licenses (CDL). PMAA does not oppose state legislation that supports a federal program, but is concerned about dealing with varying state and federal laws requiring separate screening programs. DOT's Federal Motor Carrier Safety Administration (FMCSA) is developing procedures for performing a security risk review for all persons seeking issuance, renewal, upgrade, or transfer of a hazardous materials endorsement for a CDL.