Section 18-1328. USA PATRIOT ACT COMPLIANCE  


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    1328.1All drivers renewing or applying for a hazardous material endorsement shall pass a security threat assessment conducted by the Transportation Security Administration of the Federal Department of Homeland Security, and meet all other requirements in 49 C.F.R. Part 1572.

     

    1328.2[REPEALED].

     

    1328.3Upon receipt of a finding by the Transportation Security Administration that an applicant or permittee represents a security threat, the Director shall refuse to issue, or shall immediately revoke any hazardous materials endorsement effective five (5) days after mailing a notice of revocation to the permittee’s address in the Department’s records.

     

    1328.4At least sixty (60) days before the expiration date of the CDL or a hazardous materials endorsement, the Department of Motor Vehicles shall notify the holder of a hazardous materials endorsement that the holder must pass a Transportation Security Administration security threat assessment process as part of his or her application for renewal of the hazardous materials endorsement.

     

    1328.5The notice shall advise the driver that, in order to expedite the security screening process, he or she should file a renewal application as soon as possible, but no later than thirty (30) days before the expiration date of the hazardous materials endorsement.

     

    1328.6An individual who does not successfully complete the Transportation Security Administration security threat assessment process referenced in this subsection shall not be issued a hazardous materials endorsement.

     

     

authority

Sections 1825 and 1826 of the Department of Motor Vehicles Establishment Act of 1998, effective March 26, 1999 (D.C. Law 12-175; D.C. Official Code §§ 50-904 and 50-905); Sections 6 and 7 of the District of Columbia Traffic Act of 1925, approved March 3, 1925 (43 Stat. 1121; D.C. Official Code §§ 50-2201.03 and 50-1401.01); Section 3 of the Uniform Classification and Commercial Driver’s License Act of 1990, effective September 20, 1990 (D.C. Law 8-161; D.C. Official Code § 50-402); and Mayor’s Order 91-161, dated October 15, 1991.

source

Final Rulemaking published at 51 DCR 10913 (November 26, 2004); as amended by Final Rulemaking published at 52 DCR 5758 (June 17, 2005); as amended by Final Rulemaking published at 53 DCR 2206 (March 24, 2006); as amended by Final Rulemaking published at 57 DCR 10912, 10915 (November 19, 2010).