Navigating the regulatory landscape for Secure Transportation can be complex. For companies and licensees involved in industries requiring secure transport, understanding and adhering to these regulations is paramount. This guide addresses key questions concerning secure transportation requirements, ensuring compliance and operational integrity.
Secure Transport Vehicle Requirements
Locked and Secure Storage Containers
A critical aspect of secure transportation regulations involves the specifications for storage containers within transport vehicles. Regulatory bodies require that secure transport vehicles be equipped with “locked and secure storage containers anchored to the inside of the vehicle.” To meet this requirement, submitted information, including photographs and descriptions, are carefully reviewed to ensure containers are adequately secure. Containers must be:
- Locked Shut: Effectively preventing contents from falling out, even if dropped or shifted during a collision.
- Securely Fastened: Anchored to the vehicle’s interior to prevent sliding or displacement during transit.
Simply fastening plastic containers with bungee cords is insufficient to meet these stringent standards. As an alternative, a secure area within the vehicle’s body or compartment, constructed with solid or locking metal partitions, cages, or high-strength shatterproof acrylic, may be installed.
Accessibility of Storage Containers During Transit
Regulations mandate that secure storage containers must not be accessible while the vehicle is in transit. This necessitates a physical partition within the vehicle. The area housing the secure storage containers must be completely separate and unreachable from the area occupied by any registered secure transportation agent during transit. This segregation ensures the integrity and security of the transported goods.
Vehicle Registration Requirements
A key point of compliance is vehicle registration. A vehicle cannot be registered as a secure transport vehicle if it is registered in the name of the owner of a registered secure transportation company or licensee. Instead, the vehicle registration must be under the name of the registered secure transportation company or the licensee itself. This distinction in registration is a fundamental regulatory requirement.
Agent Requirements and Compliance
Vertically Integrated Licensees and Vehicle Usage
For vertically integrated operations with licensed growers and processors under common ownership and control, efficiencies in secure transportation are possible. If the registered agent operating the secure transport vehicle is dually registered as an agent for both licensees, a single secure transport vehicle, registered to either licensee, can be utilized for transporting goods for both entities. This shared vehicle usage is permissible under specific conditions of dual registration and common ownership.
Fidelity Bonds for Employees
Secure transportation companies are mandated to ensure their employees are “bonded.” This requirement translates to maintaining a fidelity bond, which is essentially an insurance policy. This policy is designed to protect against potential financial losses resulting from employee dishonesty, specifically theft or damage to employer or client property. The fidelity bond acts as a security measure, ensuring financial protection against internal risks.
Driver’s License Verification for Agents
It is a regulatory expectation that secure transportation companies and licensees diligently verify the validity of driver’s licenses for their agents operating secure transport vehicles. While the regulatory body may not directly mandate the method, it is considered a best practice for companies to proactively manage this. A recommended approach is to obtain driving records for agents operating secure transport vehicles bi-annually, i.e., every six months. These driving records should be maintained on-site within personnel records and be readily available for inspection upon request.
Fingerprinting and Background Checks
Registering agents for secure transportation often involves fingerprinting and background checks. To demonstrate compliance, secure transportation companies are required to provide proof of agent fingerprint submission.
- CJIS Fingerprinting: When agents are fingerprinted at a CJIS (Criminal Justice Information System) location, CJIS provides a receipt number after submitting fingerprints for state and federal background checks. Providing this CJIS receipt number serves as proof of fingerprint submission.
- Out-of-State Fingerprinting: If fingerprinting is conducted outside of CJIS (e.g., out-of-state authorized locations), agents must mail fingerprint cards along with a completed Criminal History Record Check application to CJIS. In this case, the postal tracking number should be reported as proof of fingerprint submission.
For mailing fingerprint cards, the address is:
CJIS- Central Repository
6776 Reisterstown Rd.
Suite 102
Baltimore, MD 21215
For further inquiries regarding the fingerprinting process, resources are available at www.dpscs.state.md.us/publicservs/bgchecks.shtml or by contacting CJIS directly at (410) 764-4501.
Adhering to these secure transportation regulations is crucial for companies and licensees to maintain operational legality and ensure the safety and security of transported goods. Understanding these requirements and implementing compliant practices are essential for success in regulated industries.
