Background check rule pre-emption sought
Apr 1, 2002 12:00 PM
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 pre-empts state requirements. PMAA is concerned that marketers will face additional costs and confusion from having to comply with differing state and federal requirements.
DOT is developing procedures for background checks, as required under the USA Patriot Act signed into law Oct 26, 2001, by President Bush. Currently, 10 states have introduced bills requiring criminal background checks for commercial hazmat transport endorsements. Hazmat carriers do not oppose state legislation that supports a federal program, but are 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 commercial driver license.
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