Hazardous Materials Endorsement
The USA Patriot Act requires that anyone applying for a Commercial Driver License with a hazardous materials endorsement be 21 years old and provide proof of citizenship or immigration status. Drivers must present this proof to the driver license examiner when they:
- make a new application for a hazardous materials endorsement;
- transfer or renew their driver license with a hazardous materials endorsement;
- apply for a duplicate CDL with a hazardous materials endorsement; or
- reinstate a CDL with a hazardous materials endorsement.
The State of South Dakota requires one of the documents listed in Table 34 when applying at a South Dakota Driver Exam Station
for a CDL with a hazardous materials endorsement. This document is required in addition to any other documents that are required for proof of identity. All applicants must also present a Social Security Card and two (2) documents showing proof of residence. Individuals who are not U.S. Citizens must also present a Work Authorization Card.
Table 34: Documents Needed for CDL Hazmat Endorsement
| Applicant | One of the Following Documents is Required |
|---|---|
| US Citizen | U.S. Passport |
| US Citizen | Certificate of birth bearing an official seal and issued by a county, state, municipal authority, or outlying possession of the United States |
| US Citizen | Certificate of Birth Abroad issued by the United States Department of State (Form FS-545 or DS 1350) |
| US Citizen | Certificate of Naturalization (Form N-550 or N-570) |
| US Citizen | Certificate of United States Citizenship (Form N-560 or N-561) |
| Non- Citizen | Permanent Resident Card, Alien Registration Receipt Card (Form I-551) |
| Non- Citizen | Temporary I-551 stamp in Foreign Passport |
| Non- Citizen | Temporary I-551 stamp in form I-94, Arrival/Departure Record with photograph of the bearer |
| Non- Citizen | Re-entry Permit Form I-327 |
Federal regulations require anyone applying for a CDL with a hazardous materials endorsement to submit fingerprints and obtain a security clearance from the Transportation Security Administration (TSA) before the issuance of the CDL containing a hazardous materials endorsement.
Drivers who have a Hazardous Materials endorsement but do not meet the Hazardous Materials qualification requirements described below must surrender their CDL to a Driver Exam Station immediately. They may be issued a CDL without a Hazardous Materials endorsement if they are otherwise qualified.
Hazardous Materials Endorsement Qualification Requirements
An individual is not qualified for a hazardous materials endorsement if he or she is wanted, is under indictment, has a felony conviction, or has been found not guilty by reason of insanity of any of the following crimes:
- terrorism
- espionage
- sedition
- treason
- arson
- unlawful possession, use, sale, distribution, or manufacture of an explosive
- a crime involving a severe transportation security incident
- improper transportation of a hazardous material
- conspiracy or attempt to commit any of the crimes listed above.
Furthermore, individuals are not qualified for a hazardous materials endorsement if they are wanted, are under indictment, have been found guilty by reason of insanity, have a felony conviction within the previous 7 years, or were released from incarceration during the previous 5 years for a felony conviction of any of the following crimes:
- murder
- assault with intent to murder
- dishonesty, fraud, or misrepresentation, including identity fraud
- kidnapping or hostage taking
- unlawful possession, use, sale, distribution, or manufacture of an explosive, explosive device, firearm, or other weapon
- rape or aggravated sexual abuse
- extortion
- robbery
- distribution of, intent to distribute, possession, or importation of a controlled substance
- smuggling
- bribery
- immigration violations
- violations of the Racketeer Influenced and Corrupt Organizations Act
- conspiracy or attempt to commit any of the crimes listed above
Individuals with a mental defect as defined by the Transportation Security Administration are not qualified for a hazardous materials endorsement.
Federal CDL and Hazardous Materials Regulations
Hazardous Materials Regulations (HMR) and regulations for CDL operation are found in Title 42 CFR part 1003 and Title 49 CFR parts 100 to 185 and 300 to 399. Copies of the Code of Federal Regulations can be purchased through a Government Printing Office bookstore and various industry publishers. Company offices often have copies of the rules for sale or driver use.
Information is also available on the Transportation Security Administration’s website at https://www.tsa.gov. Individuals and operators with questions about the Patriot Act rule can e-mail patriotact@dhs.gov.
International Driver License
Only commercial driver licenses issued by Canadian jurisdictions and the Mexican federal agency Licencia Federal de Conductor have reciprocity with the State of South Dakota. No other international licenses authorize commercial vehicle operation in South Dakota.