2006 Code of Virginia § 46.2-341.16:1 - Conformance with requirements of U.S.A. Patriot Act of 2001

46.2-341.16:1. Conformance with requirements of U.S.A. Patriot Act of 2001.

A. Notwithstanding any other provision of this title, no endorsementauthorizing the driver to operate a vehicle transporting hazardous materialsshall be issued, renewed, or reissued by the Department unless theendorsement is issued, renewed, or reissued in conformance with therequirements of 1012 of the U.S.A. Patriot Act of 2001, including allamendments thereto, and the federal regulation promulgated thereunder, forthe issuance by the states of licenses to operate motor vehicles transportinghazardous materials, and the Department has received notification from theU.S. Secretary of Transportation or the U.S. Transportation SecurityAdministration, if required by the U.S.A. Patriot Act 2001 (49 U.S.C. 5103aet seq.) and federal regulations, that the applicant does not pose a securitythreat warranting denial of such endorsement. Further, the Department shallcancel any existing endorsement authorizing a driver to operate a vehicletransporting hazardous materials if it has received notification that theholder of such endorsement does not meet the standards for security threatassessment established by the U.S. Transportation Security Administration.

B. Notwithstanding the provisions of 46.2-330, a Virginia commercialdriver's license with a hazardous materials endorsement shall be issued sothat it expires no later than five years from its date of issuance, and itmay be issued for a period of less than three years if a shorter period isnecessary in order to put the license into a five-year renewal cycle asprovided in 46.2-330.

C. Notwithstanding the provisions of 46.2-332, the Commissioner or hisagent may collect an additional nonrefundable fee in conjunction with anapplication for a hazardous materials endorsement to offset the additionalcosts of collecting and processing fingerprints and other informationrequired in conjunction with the security threat assessment programestablished through the U.S. Transportation Security Administration forhazardous materials endorsement applicants, which fee shall include apass-through of the fees assessed by the Transportation SecurityAdministration or other federal agencies as well as an additional amount, notto exceed $100, to cover additional costs incurred by the Commonwealth inissuing commercial driver's licenses pursuant to the provisions of thissection, and there shall be no exemption from such additional fee for anyapplicant who is an employee of the Commonwealth or any county, city, ortown. In addition, any local law-enforcement agency that providedfingerprinting services in conjunction with the security threat assessmentprogram may assess a fee from the applicant in an amount set by localordinance, not to exceed $25. Such amount shall be collected by the locallaw-enforcement agency and remitted to the treasurer of the appropriatelocality to be used solely for the purpose of defraying the costs ofoperating the law-enforcement agency and shall not be used to supplantexisting local funds for the operation of the law-enforcement agency.

(2003, cc. 913, 920; 2004, c. 109.)