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ODPS Ohio Bureau of Motor Vehicles Hazardous Materials Endorsement (HME) Renewal Notification Letter

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Notification of Requirements

  • The federal Transportation Security Administration (TSA) and the U.S. Department of Transportation have issued rules to secure the transport of hazardous materials, including explosives.  This letter is intended to serve as notification of these new requirements.

    The rules require a security threat assessment on commercial drivers certified to transport hazardous materials (Hazmat).  The security threat assessment includes the collection of an individual’s fingerprints, and verification of United States Citizenship, immigration eligibility or permanent legal presence in the United States.  A summary of the CDL Hazmat endorsement application process and a list of disqualifying crimes have been included with this mailing. Additional information concerning these new federal rules can be found at www.tsa.gov.

    Under current federal regulations, states were required to implement the security threat assessment requirements on January 31, 2005 for new applicants, and no later than May 31, 2005 for renewal and state-to-state transfer applicants.  After the implementation deadlines, no CDL with a Hazmat endorsement may be issued unless the applicant has first undergone the security threat assessment and obtained clearance from the Transportation Security Administration.

    Current holders of a CDL, with a Hazmat endorsement, who do not meet the qualification requirements described in this notification, are required to proceed to the nearest Deputy Registrar agency for immediate removal of the endorsement from the CDL.  If otherwise qualified and all applicable fees are paid, the applicant may be issued a CDL without a Hazmat endorsement.

    The Transportation Security Administration (TSA) recommends that applications for a security threat assessment be filed at least 30 days prior to the expiration of a Commercial Driver's License, with a Hazmat endorsement, to allow time for a security threat assessment to be completed. However, recently it has taken up to seven weeks for drivers to receive their threat assessment results from TSA. Therefore, Ohio is strongly recommending that CDL drivers begin their renewal process, upon receipt of this notification, to avoid the possibility of being ineligible to maintain a Hazmat endorsement when renewing their Commercial Driver’s License.

    Ohio CDL drivers must also complete a hazardous material written examination, given at any Driver Examination Station, to maintain their Hazmat endorsement at renewal. CDL written and skill test results are valid for 180 days.

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Citizenship or Immigration Status Requirements

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 Immigration and Nationality Act (8 U.S.C. 1101);
          • A lawful nonimmigrant 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 employment authorization.

Examples of acceptable citizenship or immigration status documents include:
          • U.S. Passport;
          • Certificate of birth that bears an official seal and was issued by a state, county, municipal authority or outlying possession of the United States;
          • Certification of Birth Abroad issued by the U.S. Department of State (Form FS-545 or DS 1350);
          • Certificate of Naturalization (Form N-550 or N-570);
          • Certificate of U.S. Citizenship (Form N-560 or N-561);
          • Permanent Resident Card, Alien Registration Receipt Card (Form I-551);
          • Temporary I-551 stamp on foreign passport;
          • Temporary I-551 stamp on Form I-94, Arrival/Departure Record with photograph of the bearer;

          • Reentry Permit (Form I-327).

Certification and/or disclosure of the following are also required:
          • The applicant has not been convicted or found not guilty by reason of insanity of any of the interim disqualifying crimes in any jurisdiction, civilian or military, during the seven years before the date of application;
          • The applicant has not been released from incarceration in any jurisdiction, civilian or military, for committing any interim disqualifying crime during the 5 years before the date of application;  
          • The applicant has not been convicted or found not guilty by reason of insanity of any permanently disqualifying crime;
          • The applicant is not wanted or under indictment in any jurisdiction, civilian or military, for a disqualifying crime;
          • The applicant has not been adjudicated as lacking mental capacity or committed to a mental institution involuntarily;
          • The applicant is either a United States citizen who has not renounced United States citizenship, or a lawful permanent resident of the United States, or meets eligibility requirements for immigration status;
          • Disclosure of the applicant’s military service and date of discharge.
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HME Disqualifying Crimes

Permanently Disqualifying Criminal Offenses
An applicant has a permanent disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction of any of the following felonies:
          • Espionage;
          • Sedition
          • Treason;
          • A crime listed in 18 U.S.C. Chapter 113B - Terrorism, or a State law that is comparable;
          • A crime involving a transportation security incident;
          • Improper transportation of a hazardous material under 49 U.S.C. 5124 or a State law that is comparable;
          • Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of, or dealing in an explosive or explosive device;
          • Murder;
          • Violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1961, et seq., or a State law that is comparable, where one of the predicate acts found by a jury or admitted by the defendant, consists of one of the offenses listed in 4 or 8 of this section;

          • Conspiracy or attempt to commit any of the crimes listed above.

Interim Disqualifying Criminal Offenses
An applicant has an interim disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction, of any of the crimes below within the 7 years preceding the date of application; or if the applicant was released from incarceration for the crime within the 5 years preceding the application date:
          • 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 of, or dealing in a firearm or other weapon;
          • Extortion;
          • Dishonesty, fraud, or misrepresentation, including identity fraud;
          • Bribery;
          • Smuggling;
          • Immigration violations;
          • Violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1961, et seq., or a violation of a comparable state law;
          • Robbery;
          • Distribution of, possession with intent to distribute, or importation of a controlled substance;
          • Arson;

          • Conspiracy or attempt to commit the crimes in this section.

Under Want or Warrant

Applicants under want or indictment in any civilian or military jurisdiction for any permanent or interim disqualifying felony listed above are disqualified until the want or warrant is released.

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