Or. Admin. Code § 735-063-0290
Current through Register Vol. 63, No. 12, December 1, 2024
Section 735-063-0290 - Requirements for Issuance and Retention of a Hazardous Materials Endorsement(1) To obtain, retain or renew a CDL with a hazardous materials endorsement, a person must be qualified. To qualify for a hazardous materials endorsement a person must: (a) Qualify for commercial driving privileges or have a valid Oregon CDL.(b) Pass a hazardous materials endorsement knowledge test for an original endorsement or a renewal.(c) Pass a security threat assessment (security check) from the Transportation Security Administration (TSA) in accordance with 49 CFR Part 1572, including receipt by DMV of a notice from TSA showing the person does not pose a security threat. A person must pass a TSA security check:(A) Within four years and nine months prior to the date DMV issues an original hazardous materials endorsement;(B) At intervals of not more than five years from the date of the person's most recent TSA security check; and(C) Any other time required by DMV.(d) Pay all required fees, which include, but may not be limited to, any applicable issuance fee and hazardous materials knowledge test fee.(e) Successfully complete the hazardous materials endorsement ELDT in accordance with OAR 735-063-0262.(2) A person is no longer qualified for a hazardous materials endorsement if: (a) DMV receives a notice of threat assessment from TSA requiring cancellation of the hazardous materials endorsement;(b) DMV receives notice from TSA indicating the person did not pass the security threat assessment; or(c) The person fails to complete and pass a TSA security check as described in section (1) of this rule.(3) If DMV determines a person is no longer qualified for a hazardous materials endorsement under this rule, DMV will cancel the person's commercial driving privileges. Upon cancellation the person must immediately surrender to DMV the CDL showing the hazardous materials endorsement. If the person otherwise qualifies and pays a replacement fee, DMV will issue a CDL without a hazardous materials endorsement or a class C non-commercial driver license.(4) The person may request an administrative review of the cancellation of the person's CDL. The issues for the administrative review are limited to whether: (a) When required, the person completed and passed a TSA security check as described in section (1) of this rule.(b) DMV received a notice from TSA showing the person does not qualify for a hazardous materials endorsement.(c) The person is the same person named on the notice.(5) An applicant for an Oregon CDL with a hazardous materials endorsement who presents a valid CDL with a hazardous materials endorsement issued by another state must still qualify for an original hazardous materials endorsement as set forth in section (1) of this rule.(6) If the person passes a TSA security check within one year from the date the person's CDL with a hazardous materials endorsement was canceled under section (3) of this rule and otherwise qualifies for the CDL and endorsement, DMV will reissue the CDL with a hazardous materials endorsement after payment of a replacement fee. If the cancellation has been in effect for more than one year, the person must reapply for the hazardous materials endorsement as an original endorsement and must take all required tests, pay all required fees and pass the required TSA security check.Or. Admin. Code § 735-063-0290
DMV 3-2005, f. 1-20-05, cert. ef. 1-31-05; DMV 13-2005, f. 5-19-05, cert. ef. 5-31-05; DMV 18-2005(Temp), f. & cert. ef. 8-18-05 thru 2-13-06; DMV 26-2005, f. & cert. ef. 12-14-05; DMV 7-2006(Temp), f. 7-31-06, cert. ef. 8-1-06 thru 1-27-07; DMV 8-2006, f. & cert. ef. 8-25-06; DMV 24-2009, f. 12-22-09, cert. ef. 1-1-10; Renumbered from 735-062-0190, DMV 4-2016, f. 9-22-16, cert. ef. 9/26/2016; DMV 31-2018, minor correction filed 08/16/2018, effective 8/16/2018; DMV 7-2020, temporary amend filed 05/27/2020, effective 05/27/2020 through 11/22/2020; DMV 33-2020, amend filed 12/02/2020, effective 12/2/2020; DMV 30-2021, amend filed 11/23/2021, effective 11/23/2021; DMV 2-2022, amend filed 01/25/2022, effective 1/25/2022Statutory/Other Authority: ORS 184.619, 802.010, 807.173, 49 USC sec. 5103a & Oregon Laws 2021, Chapter 630, Section 103
Statutes/Other Implemented: ORS 807.170, 807.173, 807.350, 809.310 & Oregon Laws 2021, Chapter 630, Section 103