Hazmat endorsement background check: TSA disqualifying offenses and timing

The H endorsement is the only CDL endorsement that depends on a federal agency outside transportation licensing. Under 49 CFR 1572.13(a), no state may issue or renew it without a Determination of No Security Threat from the Transportation Security Administration. That determination comes from a fingerprint-based security threat assessment, and the rules that decide it are in 49 CFR Part 1572. This page covers who is disqualified, for how long, and the timing rules for renewal.

Where the assessment fits

The endorsement has three parts: the state knowledge test under 49 CFR 383.93, entry-level hazmat theory training if it is a first endorsement, and the TSA assessment. The assessment starts at a TSA enrollment centre, where the applicant gives identity documents and fingerprints. Enrollment centres are listed by state and town in this directory under TSA enrollment.

Permanent disqualifying offenses

1572.103(a) lists felonies that disqualify permanently, if the applicant was convicted, or found not guilty by reason of insanity, in a civilian or military court:

• espionage, sedition or treason, or conspiracy to commit them;
• a federal crime of terrorism, or a comparable state crime, or conspiracy;
• a 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, manufacture or dealing in an explosive or explosive device;
• murder;
• threats or false information about an explosive or lethal device against a public place, government facility, transport system or infrastructure;
• RICO violations where a predicate act is one of the above;
• attempt or conspiracy to commit the above, as set out in (a)(11) and (12).

Interim disqualifying offenses

1572.103(b) lists felonies that disqualify only for a period. They disqualify if the applicant was convicted, or found not guilty by reason of insanity, within 7 years of the application, or was released from incarceration within 5 years of it. Either condition is enough:

• unlawful possession, use, sale or dealing in a firearm or other weapon;
• extortion;
• dishonesty, fraud or misrepresentation, including identity fraud, and money laundering related to a listed crime. Welfare fraud and passing bad checks are expressly excluded;
• bribery; smuggling; immigration violations;
• distribution, possession with intent to distribute, or importation of a controlled substance;
• arson; kidnapping or hostage taking; rape or aggravated sexual abuse; assault with intent to kill; robbery;
• fraudulent entry into a seaport;
• other RICO violations; and conspiracy or attempt to commit any of these.

Every item on both lists is a felony. Misdemeanours are not on the lists, and simple possession of a controlled substance is not on the interim list, which names distribution, intent to distribute and importation.

Pending charges and arrests without a disposition

1572.103(c): an applicant who is wanted, or under indictment, for a listed felony is disqualified until the warrant is released or the indictment dismissed. 1572.103(d): if the fingerprint check shows an arrest for a listed crime with no recorded outcome, TSA notifies the applicant, who then has 60 days from the notice to provide written proof that the arrest did not end in a disqualifying conviction. Without it, TSA notifies the state that the applicant is disqualified. Court records showing a dismissal or acquittal are the usual proof, and they take time to get, so it is worth requesting them before enrolling if an old arrest is likely to show.

Renewal timing

1572.13(b): the state must tell each H endorsement holder, at least 60 days before the endorsement expires, that renewal requires a new threat assessment. The notice must say the holder may start the assessment any time after receiving it, but no later than 60 days before expiry.

1572.13(c): if TSA has not issued a determination by the expiry date, the issuing state may extend the endorsement by 90 days. Anything longer needs TSA's prior approval.

1572.13(d): once TSA issues a determination, the state has 15 days to update the driver's record, record the new expiry date and notify the national CDL information system.

Moving to another state

1572.13(e): a driver transferring an existing H endorsement to a new state does not need a new assessment until the renewal period set by the first state runs out, which may not exceed five years.

Revocation

The first sentence of 1572.13 requires a state to revoke an H endorsement immediately if TSA informs it that the holder no longer meets the standards and issues an Initial Determination of Threat Assessment and Immediate Revocation.

Practical order of steps

1. Check the lists above against your record, and get court dispositions for any old arrest.
2. Enrol at a TSA enrollment centre and give fingerprints.
3. Take the state's hazmat knowledge test, and complete entry-level hazmat theory training if it is your first H endorsement (see the ELDT guide).
4. For renewal, start at least 60 days before the endorsement expires.