List of Disqualifying Criminal Offenses for Hazardous Materials Endorsement
If you need a hazardous materials (H) endorsement on your commercial driver’s license (CDL), please check out our hazardous materials endorsement study guide with practice test and answers.
Interim Disqualifying Offenses
These crimes are only disqualifying if they are considered felonies in the appropriate jurisdiction, civilian or military. A driver will be disqualified from holding a hazardous materials endorsement if he or she was convicted* or found not guilty by reason of insanity within the last seven years or was released from prison within the last five years for any of the following crimes:
- Assault with intent to murderKidnapping or hostage taking
- Rape or aggravated sexual abuse
- Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, export, or dealing in a firearm or other weapon
- Dishonesty, fraud, or misrepresentation, including identity fraud
- Immigration violations
- Violations of RICO (Racketeer Influenced and Corrupt Organizations) Act or acomparable state law of an Interim Disqualifying crime
- Distributions of, possession with intent to distribute, or importation of a controlledsubstance (State laws vary on the quantity of marijuana required for the offense tobe considered a felony. Typically, however, to be convicted of felony marijuanapossession, a person must possess a quantity of marijuana greater than anamount considered for “personal”).
- Conspiracy or attempt to commit any of these crimes
Permanently Disqualifying Criminal Offenses
A driver will be permanently disqualified from holding a hazardous materials endorsement on a CDL if he or she was ever convicted or found not guilty by reason of insanity of any of the following crimes:
- Any crime listed in 18 U.S.C. Chapter 113B; Terrorism or a comparable state law
- A crime involving a severe transportation security incident (i.e, security incident involving a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area)
- Improper transportation of a hazardous material under 49 U.S.C. 5124 or a comparable state law (minor infractions involving transportation of hazardous materials will not disqualify a driver. For instance, no driver will be disqualified for minor roadside infractions or placarding violations.)
- Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of, or dealing in an explosive or explosive device
- Murder as defined in 18 U.S.C. 1111
- Conspiracy or attempt to commit any of these crimes
- Violations of RICO (Racketeer Influence and Corrupt Organizations) Act or a comparable state law of one of these Permanently Disqualifying crimes
Under Want or Warrant
A driver will be disqualified from holding a hazardous materials endorsement on a CDL if he or she is wanted or under indictment in any civilian or military jurisdiction for a felony listed under Part A or Part B until the want or warrant is released.
*Convicted means any plea of guilty or nolo contendere or any finding of guilt.
Permissible Immigration Status to Hold Hazardous Materials Endorsement
- An applicant for an HME must be one of the following:
- A citizen of the U.S. who has not renounced his/her U.S. citizenship
- A lawful permanent resident of the U.S. as defined in section 101(a)(20) of theImmigration and Nationality Act (8 U.S.C. 1101)
- A lawful non immigrant in possession of valid, unrestricted employment authorization
- A refugee admitted under section 8 U.S.C. 1157 in possession of valid unrestricted employment authorization
- In asylum status under section 8 U.S.C. 1158 in possession of valid, unrestrictedemployment authorization
Privacy Act and Paperwork Reduction Act Notices
Privacy Act Notice: The authority for collecting this information is 49 U.S.C. 114, 40113 and 49 U.S.C. 5103a.
Purpose: This information is needed to verify your identity and to conduct a security threat assessment to evaluate your suitability for a hazardous materials endorsement for a commercial driver’s license. Your Social Security Number (SSN) or alien registration number will be used as your identification number in this process and to verify your identity. Furnishing this information, including your SSN or alien registration number, is voluntary; however, failure to provide it will prevent the completion of your security threat assessment, without which you may not be granted a hazardous materials endorsement.
Routine Uses: Routine uses of this information include disclosure to the FBI to retrieve your criminal history record; to TSA contractors or other agents who are providing services relating to the security threat assessment; to appropriate governmental agencies for licensing, law enforcement, or security purposes, or in the interests of national security; and to foreign and international governmental authorities in accordance with law and international agreement.
For more complete details and information please refer to 49 CFR 1572.103
Source: 49 CFR 1572
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