Hazmat felony/misdemeanor

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
• Extortion
• Dishonesty, fraud, or misrepresentation, including identity fraud
• Bribery
• Smuggling
• Immigration violations
• Violations of RICO (Racketeer Influenced and Corrupt Organizations) Act or acomparable state law of an Interim Disqualifying crime
• Robbery
• 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”).
• 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

 

4a

 

Is probation a disqualification automatically because i don’t see it on the hazmat list?

 

Illegal transfer of a firearm is on that list.

 

You didn't get charged with transportation?