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HazMat Endorsements - The Real Story

by Don Dovgin

Recently, we have been exposed to imperfect security within our nation's transportation infrastructure. With new air transportation security measures already in place, motor carriers are next on the agenda for the Office of Homeland Security. The USA Patriot Act, section 1012 details provisions on limiting the issuance of hazmat licenses to truck drivers. This new legislation will drive a reform of the Commercial Driver's License (CDL) Program. Can the motor carriers not only keep our roads safe, but eradicate potential terrorist threats by imposing new security measures? The hauling of hazardous materials is now of the utmost concern to our nation with subsequent reports having linked some of the terrorists to the use of biochemical warfare.

The Environmental Protection Agency reports there are more than 120 chemical plants in the United States that store large enough quantities of chemicals to put more than 1,000,000 people in danger. Intelligence received by Federal officials states that suspected terrorists are attempting to obtain CDLs with hazmat endorsements, leaving the FBI concerned about a chemical-terrorist attack. As a result, chemical plants have been among the first group of facilities to receive special alerts concerning security with the possibility that unauthorized people might use tanker trucks as a method of terrorism. Consequently, all U.S. enforcement jurisdictions have been carrying out Level III inspections (driver only) of hazardous material haulers, especially those near fuel farms and densely populated locations. Level III inspections include a CDLIS check on all of these drivers, and a more detailed interview of the drivers involved. Based on the interview, the inspectors may choose to cross-reference the driver's name with the FBI's database and take any further action they deem necessary. This nation moves 50,000 bulk shipments of gasoline per day; each one of them now becomes a potential threat if fallen into the wrong hands. It is clear there are many challenges to ensure only certified and authorized personnel are transporting hazardous materials.

There are considerable weaknesses within the current CDL Program, but there are a number of agencies tasked to address them. One example is within the Department of Motor Vehicles (DMV's). Prior to September 11th, their goal was to make sure driver's licenses were properly and efficiently administered to minimize wait time. The post 9-11 challenge will now be to reduce approval time for hazmat endorsements under new legislation. It has been cited that new policies could extend approval time as long as 45 days. Another issue is that each state has the ability to make their own local endorsements and restrictions on the CDL Program providing there is adherence to basic government guidelines. Therefore, testing, examinations and record-keeping are inconsistent from state to state. Interstate motor carriers cannot properly administer their own programs because drivers have different requirements in different states. Consequently, should federal judicial action be required, driver qualifications become questionable because standards are inconsistent from state to state.

In a recent study headed by the Commercial Vehicle Safety Alliance (CVSA), two main results were concluded:

" Problem drivers are getting involved in more crashes than the average driver.
" Most of the data needed to identify these drivers cannot make its way through the current CDL system.

The CVSA has been very active in leading the charge for CDL licensing change and is working with government to identify its weak points. There are 11,000,000 truck drivers in the nation -- 3,500,000 drivers have hazmat endorsements. Are some of these people posing a security threat and can any of these people be connected to a terrorist organization? The answer; we don't know for sure because the CDL Program lacks the capabilities and methods to verify the information necessary to make that decision.

There are a number of technical solutions that can be explored. Wireless and Global Positioning System (GPS) technologies could provide the opportunity to stop terrorist's threats in their tracks. Tracking devices can be installed on tanker and bulk trucks. A person in a command control center can pinpoint the exact location on a computer screen where a tanker truck is located, and promptly notify local authorities to take action when needed. Biometric identification, such as fingerprints or retina eyescaning can be used for driver verification. Drivers can be issued "Smart Card" licenses allowing law enforcement to run full background checks instantly by swiping the card through a reader installed in their vehicle. Electronic manifesting can track and trace all hazardous materials in real time. Is all of this a dream? Absolutely not -- these technologies are already in use today and can serve the CDL Program very well.

Conclusions

The United States government will require increased security measures according to Section 1012 of the USA Patriot Act, limiting the issuance of hazmat licenses. The CDL Program will need to change to accomplish this. A number of steps must be taken to provide unquestionable security:

1. Enforce governmental regulation for states to meet minimal requirements for driver testing and hazardous materials endorsements.
2. All state agencies, motor carrier agencies and DMV's data infrastructure must be tied together to provide a comprehensive "snapshot" of drivers. Information would include digitized photos, Motor Vehicle Record (MVR), certifications, violations, criminal records and citizenship all under one system.
3. Driver's information needs to be shared with industry and local law enforcement officials so that background and crosschecks are immediate.
4. Provide Real Time Locating Systems (RTLS) to the data infrastructures in order to create the "air traffic control center" of the motor carrier community for shipments carrying hazardous materials.
5. Increase the use of biometric technology that ties into other systems which identifies citizenship, illegal aliens and criminal background.
6. Create the electronic hazmat manifest. Crosschecking this manifest with other systems would ensure the driver is authorized to move dangerous goods. It will also be useful in expediting customs clearance processes which have been known to be long and labor intensive.
7. Ensure federal requirements for emergency awareness and planned preparedness are upheld for all national training programs and for all people coming in contact with hazardous materials. Going to an "online" training program will undeniably prove the qualifications of anyone working with hazmat.
8. Involve Subject Matter Experts (SME's) from the states, federal government and industry using their areas of expertise to build a "best of breed" CDL Program.

It is obvious that this type of reform may become an economic burden as it relates to the federal budget. This initiative will take millions of dollars to put into action. However, this restructuring will create a solid and trouble-free system allowing decision-makers to properly administer drivers that are qualified to transport hazardous materials. In doing so, it will minimize potential security threats by identifying potential terrorists. The economics are clear; the nation cannot afford another incident like 9-11.

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