1. Attention employers: We now require a valid DOT# for anyone wishing to post a driving position. If your job offer doesn't contain a DOT number, it will not get past moderation and will not appear in the forum. The other requirements in the sticky at the top of this section are still required as well. Thank you for understanding.

driving with felony

Discussion in 'Trucking Jobs' started by donnieH417, Jan 14, 2009.

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  1. ironpony

    ironpony Road Train Member

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    The background check is conducted by the feds, but the requirements for CDLs including what is and is not permissable as a requirement for a hazmat endorsement is set by the states. Article I, Section 8 of the federal Constitution sets out the powers reserved by the federal government - everything else is administered by the states... including the requirements for a CDL. The feds can tell the states what they'd like to see as a requirement for a CDL, but they can't set those requirements.

    Check with your state. Some states set different hurdles, but as livinlife said, its usually the biggies (murder, assault, treason) that keeps you out of things.
     
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  3. livinlife

    livinlife Bobtail Member

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    a little info from the TSA website:

    The TSA Hazardous Materials Endorsement Threat Assessment Program conducts a security threat assessment for any driver seeking to obtain, renew, or transfer a hazardous materials endorsement (HME) on a state-issued commercial drivers license (CDL).
    The program was implemented to meet the requirements of the USA PATRIOT Act (pdf, 848Kb), which prohibits states from issuing a license to transport hazardous materials in commerce unless a determination has been made that the driver does not pose a security risk. The Act further requires that the risk assessment include checks of criminal history records, legal status, and relevant international databases.
    If you seek to obtain, renew, or transfer an HME on your CDL, you must apply for a security threat assessment. TSA rules require you to begin applying for the security threat assessment at least 30 days prior to the expiration of your CDL.
     
  4. springbrake

    springbrake Light Load Member

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    I should certainly hope so.:biggrin_25523:
     
  5. livinlife

    livinlife Bobtail Member

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    And just a little more...sorry I am all about the info:

    You are disqualified from holding an HME if convicted or found not guilty by reason of insanity within the previous 7 years or were released from prison in the last 5 years for any of the following crimes:
    May be Eligible for Waiver/Appeal
    • Unlawful entry into a seaport
    • 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 (RICO) under 18 U.S.C. 1961, or a comparable State law, other than any permanent disqualifying offenses
    • Robbery
    • Distribution of, intent to distribute, or importation of a controlled substance
    • Arson
    • Conspiracy or attempt to commit any of these crimes
    Permanent Criminal Disqualifiers

    You are permanently disqualified from holding an HME on a state-issued CDL if convicted or found not guilty by reason of insanity for any of the following crimes:
    Not Eligible for Waiver
    • Espionage
    • Sedition
    • Treason
    • A crime listed in 18 U.S.C. Chapter 113B - Terrorism, or a State law that is comparable
    May Be Eligible for Waiver/Appeal
    • Bomb threats
    • Crime involving a transportation security incident
    • Improper transportation of a hazardous material under 49 U.S.C. 5124 or a comparable State law
    • 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 (RICO) under 18 U.S.C. 1961, or a comparable State law, where violations consist of any of the permanent disqualifying offenses
    • Conspiracy or attempt to commit any of these crimes
     
  6. livinlife

    livinlife Bobtail Member

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    See? mostly pretty big stuff, I would think if any of THESE are your felonies, you have bigger problems than obtaining a Hazmat permit...:biggrin_25522:
     
  7. striker

    striker Road Train Member

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    **sigh**, how many times do I have to address this topic, so I won't, I've addressed it enough.













    N'ver mind. Even some of the disqualifier items are not disqualifier items. If your not certain, contact the TSA or state DMV and ask them.
     
  8. MacGyver.

    MacGyver. Light Load Member

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    So I am applying on TSA's website for my hazmat. They are asking me if I want to apply for a hazardous material or a hazmat tanker endorsement. I am assuming the hazardous materials means anything that is hazardous that's not in a tanker. My question is If I apply for the hazmat tanker does it still cover hazardous materials that are not in a tanker or would I need both of them. Also If I do not already have a tanker endorsement on my cdl at the moment but plan on getting it soon can I still apply for the hazmat tanker?
     
  9. AfterShock

    AfterShock Road Train Member

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    Good gawd! :biggrin_2551:
    Remember when gettin' a haz-mat endorsement was relatively simple?
    Is the IRS somehow involved in the haz-mat game now?
    When the IRS makes things simpler, things get confusin'.
    Maybe a haz-mat EZ form is what's needed?

    HowdY, we're from the government.
    :glasses5::glasses4:
    We're here to help you.
    Understand?

    I think we do.
    Perhaps the better question is,

    does the government?:smt017

    Hello?

    :laughing-guffaw:
     
  10. tk40176

    tk40176 Light Load Member

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    Brooklyn, NY
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    How did you get into Canada w/a felony (ies) on your record? I've seen drivers w/Child Support problems in the pass who were turn backed. :biggrin_25512:
     
    bigwillie Thanks this.
  11. DangerousDan

    DangerousDan Bobtail Member

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    Hey ,forget Central Refrig.,just a bunch of crooks, same for England,Knight, Swift, try looking for a local outfit,U'd be better off,I did a Swift Ori.,sat there for 8 days, finally told'em to stuff it,went back home,couple days later,got 2 pcs. of mail, one showed how much I got paid for those days,$7.10!!, funny part is I didnt even know I was on the payroll??, soon as U sign up with them, they put U on the so-called payroll,a hole $2.00 a day! whoopee!!
     
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