List of Disqualifying Criminal Offenses for Hazardous Materials Endorsement
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:
be considered a felony. Typically, however, to be convicted of felony marijuana
possession, a person must possess a quantity of marijuana greater than an
amount considered for "personal use").
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:
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:
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
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 murder
- Kidnapping 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
- Extortion
- Dishonesty, fraud, or misrepresentation, including identity fraud
- Bribery
- Smuggling
- Immigration violations
- Violations of RICO (Racketeer Influenced and Corrupt Organizations) Act or a
- Robbery
- Distributions of, possession with intent to distribute, or importation of a controlled
be considered a felony. Typically, however, to be convicted of felony marijuana
possession, a person must possess a quantity of marijuana greater than an
amount considered for "personal use").
- Arson
- 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:
- Espionage
- Sedition
- Treason
- 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 the
- 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, unrestricted
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
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