Homeland security
the transportation security administration is requiring all commercial truck drivers who currently hold a hazmat endorsment, to surrender their endorsement, if they do not submit to fingerprinting and background security clearence(to be paid for by the drivers)under the threat that you will lose your entire CDL if you don't comply. Seems I am guilty of being a terroist if I don't pony up the cash (est$100 for prints alone)I don't have a criminal history,and have held a clearance.
Can our government single out a group of professional workers and Tax them in this way?
keep in mind that I have already Paid the fees(about$190) and passed the tests for the appropriate endorsements. I can't even surrender the endorsement without paying for a new license. I'm sure I'm not alone in this, are other law abiding citizens being asked to give up their profession if they don't cough up more money?
I realize that things have to be different since 9/11,and I don't mind them keeping a file on me, but why are only a select few being asked to pay.
do they really think a terroist is going to care if he is in compliance with his local laws before he does his deed?
Do I smell a class action law suit here? thanks for listening.
1 Answer from Attorneys
Re: Homeland security
The short answer is that the TSA is probably well within their authority. It is very difficult to overturn a ruling that involves police powers or the power to tax - especially when a license is involved (as opposed to a vested property right). The question is then what authority did the TSA have to enact the rule or did Congress enact the rule? If it was Congress that is probably the end of the analysis. If it was the TSA then it will come down to whether they exceeded their authority and what authority they had.
Police powers and the right to tax would probably trump any equal protection claim (in addition, any equal protection claim would probably fail because this involves an economic issue).
Like it or not, right or wrong, that is probably the way it is. I can totally relate, as some states (that I am licensed in) impose a "occupation tax" on attorneys, conferring on them the privilege of calling themselves an attorney -- a tax which has nothing to do with police powers, only with the power to tax. As with your license, the sanction for not paying is losing the license and the ability to practice in that state. That is just the way things are going these days...
That does not mean that you should not pursue any claim that you feel you might have. After all, it only takes one successful case to change the law.
Nothing in this post creates an attorney-client relationship. You should discuss your case with your attorney, so that they can consider your particular circumstances. Nothing in this post is legal or tax advice and should not be construed as such.
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