D.C. Mun. Regs. r. 18-1328

Current through Register Vol. 71, No. 25, June 21, 2024

Rule 18-1328 - USA PATRIOT ACT COMPLIANCE

1328.1

All 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 CFR Part 1572.

1328.2

[REPEALED]

1328.3

Upon 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 5 days after mailing a notice of revocation to the permittee's address in the Department's records.

1328.4

At 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.

1328.5

The 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.

1328.6

An 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.

D.C. Mun. Regs. r. 18-1328

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 as amended by Final Rulemaking published at 53 DCR 2206 (March 24, 2006); as amended by Notice of Final Rulemaking published at 57 DCR 10912, 10915 (November 19, 2010)

Authority: The Director of the Department of Motor Vehicles (Director), pursuant to the authority set forth in section 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 3 and 10 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 50-409 ), section 6 of the District of Columbia Traffic Act of 1925, approved March 3, 1925 (43 Stat. 1121; D.C. Official Code §§ 50-2201.03 ), Mayor's Order 91-161, dated October 15, 1991, and Mayor's Order 2007-168, dated July 23, 2007.