Ohio Code 4506.131 – Hazardous materials endorsement for commercial driver’s license; Security risk determination required
(A) The registrar of motor vehicles shall not issue, renew, upgrade, or transfer a hazardous materials endorsement for a commercial driver‘s license to any individual authorizing that individual to operate a commercial motor vehicle transporting a hazardous material in commerce unless the registrar has received from the transportation security administration a determination indicating that the individual does not pose a security risk warranting denial of the endorsement.
Terms Used In Ohio Code 4506.131
- commercial motor vehicle: means any motor vehicle designed or used to transport persons or property that meets any of the following qualifications:
(1) Any combination of vehicles with a gross vehicle weight or combined gross vehicle weight rating of twenty-six thousand one pounds or more, provided the gross vehicle weight or gross vehicle weight rating of the vehicle or vehicles being towed is in excess of ten thousand pounds;
(2) Any single vehicle with a gross vehicle weight or gross vehicle weight rating of twenty-six thousand one pounds or more;
(3) Any single vehicle or combination of vehicles that is not a class A or class B vehicle, but is designed to transport sixteen or more passengers including the driver;
(4) Any school bus with a gross vehicle weight or gross vehicle weight rating of less than twenty-six thousand one pounds that is designed to transport fewer than sixteen passengers including the driver;
(5) Is transporting hazardous materials for which placarding is required under subpart F of 49 C. See Ohio Code 4506.01
- Driver: means any person who drives, operates, or is in physical control of a commercial motor vehicle or is required to have a commercial driver's license. See Ohio Code 4506.01
- Endorsement: means an authorization on a person's commercial driver's license that is required to permit the person to operate a specified type of commercial motor vehicle. See Ohio Code 4506.01
- Hazardous materials: means any material that has been designated as hazardous under 49 U. See Ohio Code 4506.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Upgrade: means a change in the class of vehicles, endorsements, or self-certified status as described in division (A)(1) of section 4506. See Ohio Code 4506.01
(B)(1) Immediately upon receiving a determination from the transportation security administration that an individual poses a security risk warranting denial of a hazardous materials endorsement, the registrar shall revoke any existing hazardous materials endorsement and shall refuse to issue a hazardous materials endorsement for the individual named as a security risk.
(2) Within fifteen days of receiving any determination from the transportation security administration indicating the status of an individual’s security risk, the registrar shall notify the commercial driver license information system of the results of the security assessment.
(C) The registrar shall order any revocation under division (B) of this section without a hearing. Any person adversely affected by the order may request an administrative hearing before the registrar. The scope of the hearing shall be limited to whether the bureau of motor vehicles properly revoked the hazardous material endorsement after receiving notification from the transportation security administration and shall not include consideration of whether the transportation security administration acted properly in sending the notification.