                                 CODE OF VIRGINIA

CONFORMANCE WITH REQUIREMENTS OF U.S.A. PATRIOT ACT OF 2001 (§ 46.2-341.16:1)

A. Notwithstanding any other provision of this title, no endorsement authorizing
the driver to operate a vehicle transporting hazardous materials shall be
issued, renewed, or reissued by the Department unless the endorsement is issued,
renewed, or reissued in conformance with the requirements of &#xA7; 1012 of the
U.S.A. Patriot Act of 2001, including all amendments thereto, and the federal
regulation promulgated thereunder, for the issuance by the states of licenses to
operate motor vehicles transporting hazardous materials, and the Department has
received notification from the U.S. Secretary of Transportation or the U.S.
Transportation Security Administration, if required by the U.S.A. Patriot Act
2001 (49 U.S.C. &#xA7; 5103a et seq.) and federal regulations, that the
applicant does not pose a security threat warranting denial of such endorsement.
Further, the Department shall cancel any existing endorsement authorizing a
driver to operate a vehicle transporting hazardous materials if it has received
notification that the holder of such endorsement does not meet the standards for
security threat assessment established by the U.S. Transportation Security
Administration.

B. Notwithstanding the provisions of &#xA7; 46.2-330, a Virginia commercial
driver&#8217;s license with a hazardous materials endorsement shall be issued so
that it expires no later than five years from its date of issuance, and it may
be issued for a period of less than three years if a shorter period is necessary
in order to put the license into a five-year renewal cycle as provided in &#xA7;
46.2-330.

C. Notwithstanding the provisions of &#xA7; 46.2-332, the Commissioner or his
agent may collect an additional nonrefundable fee in conjunction with an
application for a hazardous materials endorsement to offset the additional costs
of collecting and processing fingerprints and other information required in
conjunction with the security threat assessment program established through the
U.S. Transportation Security Administration for hazardous materials endorsement
applicants, which fee shall include a pass-through of the fees assessed by the
Transportation Security Administration or other federal agencies as well as an
additional amount, not to exceed $100, to cover additional costs incurred by the
Commonwealth in issuing commercial driver&#8217;s licenses pursuant to the
provisions of this section, and there shall be no exemption from such additional
fee for any applicant who is an employee of the Commonwealth or any county,
city, or town. In addition, any local law-enforcement agency that provided
fingerprinting services in conjunction with the security threat assessment
program may assess a fee from the applicant in an amount set by local ordinance,
not to exceed $25. Such amount shall be collected by the local law-enforcement
agency and remitted to the treasurer of the appropriate locality to be used
solely for the purpose of defraying the costs of operating the law-enforcement
agency and shall not be used to supplant existing local funds for the operation
of the law-enforcement agency.

HISTORY: 2003, cc. 913, 920; 2004, c. 109.