In The News

Congress eyes major relief for truckers who haul hazmat

By Charlie Morasch, staff writer - Land Line
Posted May 15th 2009 4:13AM


A Congressional committee approved two measures Thursday to make life better for truckers who haul hazmat or need TWIC cards.

The U.S. House Committee on Homeland Security approved two amendments Thursday to HR2200, the Transportation Security Administration authorization bill.

The first amendment is called the Screening Applied Fairly and Equitably to Truckers Act of 2009, also known as the SAFE Truckers Act, which would bring significant changes to the rigid process that truckers face when applying for hazmat endorsement.

The legislation is intended to repeal the Patriot Act’s requirement that all hazmat haulers undergo federal background checks and require only those truckers who haul security-sensitive materials to undergo background checks.

Among other changes, the SAFE Trucker’s Act would create a new category of hazmat called security sensitive materials, which would include only about 5 percent of materials counted as hazardous materials. Truckers who haul security sensitive materials would continue to undergo a federal background check.

In addition, the SAFE Trucker’s Act would require enrollment locations to have flexible operating hours and prohibits states or other government entities from requiring separate background checks that merely repeat checks already performed for hazmat endorsement. Also, the government would establish a task force to determine whether the disqualifying crimes “are accurate indicators of a terrorism security risk.”

The second amendment directs the Transportation Worker Identification Credential program to process TWIC cards within 30 days “to the greatest extent possible.”

Also, ports and other facilities that require TWIC would be required to make escorts available for truckers who have applied but not yet received their TWIC card.

The TWIC amendment was brought forward by Rep. Loretta Sanchez, D-CA.

In 2006, OOIDA Executive Vice President Todd Spencer testified before members of Congress in favor of changes to the Patriot Act’s requirements for truckers. Spencer said OOIDA members paid excessive out-of-pocket costs and untold hours spent driving to locations that often don’t provide truck parking.

“While we don’t fault lawmakers or agencies for the rapid response to the tragedy of 9/11, the background check requirement for hazmat drivers contained in the Patriot Act was overly broad in its scope toward existing, veteran hazmat drivers, while it seriously missed the mark in addressing some of the more obvious or likely ways a commercial vehicle could be used to do great harm,” Spencer said then.

The SAFE Trucker’s Act was offered by Rep. Dan Lungren, R-CA.

“Truckers owe a big ‘thank you’ to Congresswoman Sanchez and Congressman Lungren for their efforts,” said Rod Nofziger, OOIDA director of government affairs.

Nofziger pointed out that Rep. Bennie Thompson, D-MS, who serves as House Homeland Security Committee Chairman, took a personal interest in addressing problems with the TWIC program. He and his staff helped many individual truckers who had problems obtaining a TWIC in 2008.

The TSA authorization bill is likely to be discussed for some time, Nofziger told Land Line .

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