Questions regarding hazmat endorsement and security threat assesment

Discussion in 'Questions From New Drivers' started by pantherhead, May 21, 2014.

  1. pantherhead

    pantherhead Bobtail Member

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    May 21, 2014
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    My name is Eddie i'm 25 and i'm from Pennsylvania and my question is

    I was involuntarily committed (302d)in 2008 because i was in the hospital and my mother told the dr. i was depressed i was 18 at the time. I'm in the process of obtaining my CDL with hazmat endorsement and i was wondering if that would prevent me from passing the security threat assessment test they do? Any help or advice would be greatly appreciated. Thankyou!
     
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  3. STexan

    STexan Road Train Member

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    I'm not certain and I don't recall if there is a question that would require an answer that might involve this ... but somehow I doubt this will come up in the background tests they run, or prevent you from being ok'd.

    Not sure how PA works but perhaps you can initiate the background check now and see, then get notified of the result and proceed from there (apply for the endorsement and take the written tests) or no it's going to be a problem, one or the other
     
    Chinatown Thanks this.
  4. 8thnote

    8thnote Road Train Member

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    Not sure about the hazmat, as I've never hd one, but I know most companies will ask about such things when you get to orientation. They will make you fill out a medical history form that asks if you've ever been treated for mental illness and/or addiction. It is none of their business. Mark it as a no or they will send you packin'.
     
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  5. Big Ole Bear

    Big Ole Bear Light Load Member

    The Threat assessment is if you've committed any crimes not your mental status.Your mental status is a determining factor in getting your medical card.
     
  6. pantherhead

    pantherhead Bobtail Member

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    May 21, 2014
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    Ok thanks for your help. Ive been hearing different things as where it might pose a problem and also that it will not make a difference. I just don't want to waste my time and money taking the hazmat test then going to get finger printed and the threat assessment when i know i will fail. The reason i'm asking about hazmat is because i already work for a co. and i know i would be able to get a driving job with them.
     
  7. MidwestResident

    MidwestResident Road Train Member

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    This is a potential "double edge sword" situation:

    If the applicant marks "yes", the trucking company can send him packing as "ineligible". If the applicant marks "no", the company can send him packing for "lying" on his application. Potentially, the applicant is between a "rock and a heartbeat".

    Lord willing, the applicant marks "yes" on the application, along with the trucking company giving him a chance as a truck driver. This shows that the applicant comes clean when asked a question.

    God bless every American and their families! God bless the U.S.A.!
     
    Last edited: May 22, 2014
  8. harlycharly55

    harlycharly55 Medium Load Member

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    Program Disqualifying Offenses/FactorsHAZMAT Endorsement Threat Assessment Program




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    [h=1]Eligibility[/h][h=2]HAZMAT Endorsement Threat Assessment Program[/h]


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    You must be a U.S. Citizen; natural, lawful permanent resident; naturalized citizen; or a nonimmigrant alien, asylee, or refugee who is in lawful status and possess valid and unrestricted documentation establishing eligibility for employment. You may not have a disqualifying criminal offense, be adjudicated as mentally incompetent, or be involuntarily committed to a mental institution. Additionally, you may not pose a threat to national or transportation security.

    You must have a valid CDL license or CDL permit (as long as the permit number is the number that will be used on the permanent CDL license) prior to applying for a TSA Hazardous Materials Endorsement Security Threat Assessment.
    The TSA security threat assessment is valid for up to five years. Commercial licenses and hazardous materials endorsements are renewed based on a cycle determined by the state in compliance with the Federal Motor Carrier Safety Administration’s (FMCSA) rules and regulations. The FMCSA has issued a companion rule to TSA’s HAZMAT Interim Final Rule requiring states to limit their CDL renewal cycles to a maximum of 5 years. A state may require a renewal cycle of less than five years and certain states have done so, thus requiring you to complete a TSA security threat assessment more frequently than once every five years.
    Per state requirements, you may be required to satisfactorily complete written competency tests as a prerequisite to the issuance of a new, renewed, or transferred HME. Each driver must be tested on their knowledge and skills for the commercial motor vehicle group(s) for which they desire a CDL.


    IMPORTANT INFORMATION:
    See Parts A, B and C below for information on disqualifying criminal offenses. In addition to the disqualifying criminal offenses listed below, the Transportation Security Administration (TSA) may determine that an applicant is not eligible for the TWIC, HME or TSA Pre✓™ application program based on analyses of the following:

    a) Interpol and other international information, as appropriate.
    b) Terrorist watchlists, other government databases and related information.
    c) Any other information relevant to determining applicant eligibility or an applicant’s identity.

    TSA may also determine that an applicant is not eligible if the security threat assessment process reveals extensive foreign or domestic criminal convictions, a conviction for a serious crime not listed in Part A or B below (including some lesser included offenses of serious crimes; e.g. Murder/Voluntary Manslaughter), or a period of foreign or domestic imprisonment that exceeds 365 consecutive days.
    TSA may also determine that an applicant is not eligible based on analyses of records related to violations of transportation security regulatory requirements. These include security-related offenses at an airport, on board an aircraft, at a maritime port, in connection with air cargo, and other regulatory violations.



    PART A: Permanent Disqualifying Criminal Offenses




    An applicant will be disqualified if he or she was convicted, pled guilty (including ‘no contest’), or found not guilty by reason of insanity for any of the following felonies regardless of when they occurred:
    1. Espionage or conspiracy to commit espionage.
    2. Sedition or conspiracy to commit sedition.
    3. Treason or conspiracy to commit treason.
    4. A federal crime of terrorism as defined in 18 U.S.C. 2332b(g), or comparable State law, or conspiracy to commit such crime.
    5. A crime involving a TSI (transportation security incident). Note: A transportation security incident is a security incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area, as defined in 46 U.S.C. 70101. The term “economic disruption” does not include a work stoppage or other employee-related action not related to terrorism and resulting from an employer-employee dispute.
    6. Improper transportation of a hazardous material under 49 U.S.C. 5124 or a comparable state law.
    7. Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of, or dealing in an explosive or explosive device. An explosive or explosive device includes an explosive or explosive material as defined in 18 U.S.C. 232(5), 841(c) through 841(f), and 844(j); and a destructive device, as defined in 18 U.S.C. 921(a)(4) and 26 U.S.C. 5845(f).
    8. Murder.
    9. Threat or maliciously conveying false information knowing the same to be false, concerning the deliverance, placement, or detonation of an explosive or other lethal device in or against a place of public use, a state or government facility, a public transportations system, or an infrastructure facility.
    10. Violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1961, et seq., or a comparable State law, where one of the predicate acts found by a jury or admitted by the defendant, consists of one of the permanently disqualifying crimes.
    11. Attempt to commit the crimes in items (1)-(4) of this section.
    12. Conspiracy or attempt to commit the crimes in items (5)-(10) of this section.

    Note: For the TWIC and HME programs, an applicant may apply for a waiver for any disqualifying offense listed under Part A, numbers 5 through 12 listed above. There are no waivers for the TSA Pre✓™ application program.







    PART B: Interim Disqualifying Criminal Offenses




    Conviction for one of the following felonies is disqualifying if the applicant was convicted, pled guilty (including ‘no contest’), or found not guilty by reason of insanity within 7 years of the date of the application; OR if the applicant was released from prison after conviction within 5 years of the date of the application.
    1. Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, export of, or dealing in a firearm or other weapon. A firearm or other weapon includes, but is not limited to, firearms as defined in 18 U.S.C. 921(a)(3) or 26 U.S.C. 5 845(a), or items contained on the U.S. Munitions Import List at 27 CFR 447.21.
    2. Extortion.
    3. Dishonesty, fraud, or misrepresentation, including identity fraud and money laundering, where the money laundering is related to a crime listed in Parts A or B (except welfare fraud and passing bad checks).
    4. Bribery.
    5. Smuggling.
    6. Immigration violations.
    7. Distribution, possession w/ intent to distribute, or importation of a controlled substance.
    8. Arson.
    9. Kidnapping or hostage taking.
    10. Rape or aggravated sexual abuse.
    11. Assault with intent to kill.
    12. Robbery.
    13. Fraudulent entry into a seaport as described in 18 U.S.C. 1036, or a comparable State law.
    14. Violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) under 18 U.S.C. 1961, et seq., or a comparable State law, other than any permanently disqualifying offenses.
    15. Voluntary Manslaughter

    16. Conspiracy or attempt to commit crimes in this section.
    Note: For the TWIC and HME programs, an applicant may apply for a waiver for any disqualifying offense listed under Part B. There are no waivers for the TSA Pre✓™ application program.







    PART C: Under Want, Warrant or Indictment




    A person will be disqualified 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 or the indictment is dismissed.
     
  9. pantherhead

    pantherhead Bobtail Member

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    May 21, 2014
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    Thankyou after reading that and speaking with people and a few lawyers it seems I should be good to and will be able to pass the test.
     
  10. harlycharly55

    harlycharly55 Medium Load Member

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    I was wondering if I would pass myself, so I looked it up! I have a felony conviction, I think I'm good too.
     
  11. INaNYmin

    INaNYmin Bobtail Member

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    Aug 14, 2014
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    I found out yesterday that I was disqualified for my hazmat endorsement because of a domestic violence felony from 2008 ,my crime does not fall under the disqualifying offenses .If it had I would have never paid to have my fingerprints taken plus I already have my TWIC which I recieved 2yrs ago,not sure if I should appeal or just let it be .I was born and raised in Queens ,NY and understand why they do fingerprints but a F@#king domestic case n they are denying me ,total BS ,just wanna no if i should ask for a hearing n travel to albany ,ny or do i not waste my time.....:biggrin_25513:
     
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