New "H" endorsement requirements

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The U.S. Patriot Act includes changes to the federal requirements for a hazardous materials "H" endorsement.

The Patriot Act requires background checks, including fingerprinting, for all drivers wanting to get a first time "H" endorsement to haul hazardous materials.

Drivers renewing or transferring an "H" endorsement are now required to complete form MV3735, Hazardous Materials "H" Endorsement Application and submit to fingerprinting for a background check.

If you currently hold an "H" endorsement that expires in July or August 2005, you will receive a Hazardous Materials "H" Endorsement Application with your renewal notice. If you do not receive your renewal notice and application, contact the Division of Motor Vehicles (DMV).

Persons applying for an "H" endorsement before January 31, 2005 will not be required to complete an application nor submit to fingerprinting until a later date. They will be notified within the next four years that they must comply with the fingerprinting and background check requirements.

Information provided by the Wisconsin Department of Transportation (WisDOT)

WisDOT mailed a notice outlining the new federal requirements to all current Wisconsin "H" endorsement holders and employers PDF .

Basic information

Transportation Security Administration (TSA) Hazmat Threat Assessment Program summarizes the new federal requirements for hazmat drivers, including fingerprinting, background checks, other important information, appeals, and waivers. Wisconsin's Hazardous materials gives detailed licensing requirements for getting an "H" endorsement.

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Citizenship and immigration status

There are new requirements to prove citizenship or legal immigration status to obtain, renew, transfer or upgrade a commercial driver license (CDL) with a hazmat endorsement.

Acceptable proofs of citizenship or immigration
Status	Proof of status
U. S. citizen	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 Certificate of Birth Abroad issued by the U.S. Department of State (form FS-545 or DS1350) Certificate of Naturalization (form N-550 or N570) Certificate of U.S. Citizenship (form N560 or N561)
Lawful permanent resident	Permanent Resident Card, Alien Registration Receipt Card (form I-551) Temporary I-551 stamp in foreign passport Temporary I-551 stamp on form I-94, Arrival/Departure Record, with photograph of the bearer Reentry Permit (form I-327)

Disqualifying crimes and mental defects

The list of disqualifying crimes was designed to identify those most likely to endanger the nation's transportation network. The list is comparable to background reviews applied to millions of airport and airline employees.

The federal threat assessment includes mental defects such as formal commitment to a mental institution, or a condition or disease that causes the person to be a danger to the individual or others.

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Appeals and waivers

The new federal rule provides an appeal and waiver process . An appeal can be requested if someone is disqualified due to an error in the database information. A waiver can be requested if someone is convicted but TSA determines there were justifiable circumstances or factors that indicate the person no longer poses a security threat.

Fingerprinting

Current “H” endorsement holders and all new applicants for an "H" endorsement are required to submit fingerprints with their threat assessment "H" application. The application process and all required testing begins at DMV.

Federal law and policy

The new hazardous materials requirements are outlined in various parts of the U.S. Patriot Act interim final rules.

Frequently asked questions

If you have questions:

E-mail: driverrecords.dmv@dot.state.wi.us
Call: (608) 266-2353

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All external hyperlinks are provided for your information and for the benefit of the general public. The Wisconsin Department of Transportation does not testify to, sponsor or endorse the accuracy of the information provided on externally linked pages.

You will need the Adobe Reader (provided free of charge) to view PDF files. For more information about getting your free copy of the Adobe Reader, visit WisDOT's Software information page.

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Questions about the content of this page:
Bureau of Driver Services, driverrecords.dmv@dot.state.wi.us
Last modified: June 21, 2005