Quick answer: The H (hazmat) endorsement is the only Maryland CDL endorsement gated by a federal security clearance. Before the MVA can issue or renew it, the TSA must run a Security Threat Assessment under 49 C.F.R. Part 1572 — fingerprints, an FBI criminal history check, immigration status and an intelligence check — and return a Determination of No Security Threat. Holding it also multiplies what one conviction costs: under Md. Code, Transp. § 16-812(b), a major offense committed while hauling a placarded load is a 3-year disqualification instead of 1 year.
I’m David Waranch, and I’ve handled thousands of Maryland traffic cases, including CDL cases for hazmat haulers. For the survey of all six codes — T, P, S, N, H and X — see Maryland CDL endorsements. This page is the deep dive on H.
“An old felony means I can never get a hazmat endorsement.” Usually false — and waiting is what actually kills the application. Most of the offenses drivers assume are permanent bars are interim disqualifiers under 49 C.F.R. § 1572.103(b): they only count if you were convicted within seven years of the application, or were released from incarceration for that crime within five years. Robbery, arson, weapons felonies, drug distribution and fraud are all on that list, not the permanent one. Even most of the permanent offenses can be waived under 49 C.F.R. § 1515.7. What is not forgiving is the clock: if you do not initiate an appeal within 60 days of receiving an Initial Determination of Threat Assessment, it becomes a Final Determination, and Maryland must deny or revoke.
What the TSA Security Threat Assessment Actually Checks
Maryland cannot issue or renew a hazmat endorsement on its own: under § 1572.13(a), no state may do so without a Determination of No Security Threat from the TSA. The assessment has three parts under § 1572.15(a): a fingerprint-based FBI criminal history check, an intelligence check against watchlists and government databases, and a final disposition. Section 1572.5(a) sets out the four ways you fail — a disqualifying offense under § 1572.103, the immigration-status requirements of § 1572.105, the database analyses under § 1572.107, or lacking mental capacity under § 1572.109.
One provision catches drivers off guard. Under § 1572.5(c), if the records show an offense that would disqualify you under 49 C.F.R. § 383.51, the TSA will not issue a Determination of No Security Threat until Maryland or the FMCSA confirms you are not disqualified. A DUI, a test refusal or a stack of serious traffic violations does not just cost you the license — it freezes the clearance behind it. These are the deadlines drivers miss:
| Step | Timing | Rule |
|---|---|---|
| Maryland notifies you that renewal requires a new threat assessment | At least 60 days before the endorsement expires | § 1572.13(b) |
| You must begin the assessment | No later than 30 days before expiration | § 1572.15(b)(1) |
| State may extend the endorsement if TSA has not ruled | 90 days; anything longer needs TSA approval in advance | § 1572.13(c) |
| Maximum renewal period a state may set | 5 years | § 1572.13(e) |
| Fees — Threat Assessment Fee plus the FBI fingerprint fee | Set by Federal Register notice, reviewed at least every 2 years; confirm the current amount with the MVA | §§ 1572.401, 1572.403 |
The Disqualifying Offense List Is Two Lists, Not One
Most summaries of § 1572.103 flatten it into a single roster of crimes. That is wrong, and the difference decides real cases. Every listed offense must be a felony conviction — or a finding of not guilty by reason of insanity. The permanent tier never ages out; the interim tier does.
| Tier | Offenses | How long it counts / waiver |
|---|---|---|
| Permanent, no waiver § 1572.103(a)(1)–(4), (a)(11) | Espionage; sedition; treason; a federal crime of terrorism under 18 U.S.C. 2332b(g) or a comparable state law; conspiracy or attempt to commit any of these | Forever. These are the only offenses excluded from the § 1515.7 waiver. |
| Permanent, waiver available § 1572.103(a)(5)–(a)(10), (a)(12) | A crime involving a transportation security incident; improper transportation of hazardous material under 49 U.S.C. 5124; explosives offenses; murder; bomb and lethal-device threats or hoaxes; RICO violations resting on any of the above | Forever, but you may apply for a waiver under § 1515.7. |
| Interim § 1572.103(b) | Weapons or firearms felonies; extortion; dishonesty, fraud or misrepresentation, including identity fraud; 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 seaport entry; other RICO violations | Only if convicted within 7 years of the application, or released from incarceration for it within 5 years. Waiver available. |
| Want, warrant or indictment § 1572.103(c) | Wanted or under indictment anywhere for any felony on either list | Disqualified until the want or warrant is released or the indictment is dismissed. |
Three details matter. Welfare fraud and passing bad checks expressly do not count as dishonesty or fraud here. The offense is “assault with intent to kill,” not assault with intent to murder, and it sits in the interim tier. And if a fingerprint check turns up an arrest with no disposition recorded, § 1572.103(d) gives you 60 days to prove in writing that it did not end in a disqualifying conviction — miss it and you are treated as disqualified. See also what disqualifies you from getting a Maryland CDL.
A Placarded Load Triples the Disqualification
This is the most consequential hazmat fact in Maryland traffic law, and it has nothing to do with the TSA. Section 16-812(a) sets a 1-year disqualification for a first major offense — a § 21-902 alcohol or drug offense in a CMV, 0.04 BAC or higher in a CMV, 0.08 or higher in any vehicle while you hold a CDL, a test refusal, leaving the scene, or a felony punishable by more than a year. Then subsection (b):
“If any of the offenses in subsection (a) of this section occurred while transporting a hazardous material required to be placarded, the Administration shall disqualify the individual for a period of 3 years.” — Md. Code, Transp. § 16-812(b)
| Same conduct | Empty or general freight | Placarded hazmat aboard |
|---|---|---|
| First major offense — DUI, 0.04 or more in a CMV, test refusal, leaving the scene, a disqualifying felony | 1 year | 3 years |
| Second major offense, separate incidents, any vehicle | Lifetime | Lifetime |
| Using a vehicle to commit a felony involving controlled dangerous substances | Lifetime | Lifetime |
Nothing about your driving changed; what changed is the placard on the trailer. The MVA has no discretion, and 49 C.F.R. § 383.51 requires the same result nationwide. The periods also differ in kind: under § 16-812(p), anything of a year or more means applying for a new CDL and retaking the knowledge and skills tests. Probation before judgment does not fix any of it — 49 C.F.R. § 384.226 forbids Maryland from masking a CDL holder’s conviction “in any type of motor vehicle,” so only a dismissal, an acquittal, or a reduction to a non-reportable charge protects the endorsement. See Maryland DUI and CDLs and CDL disqualifications in Maryland.
Hazmat Citations Carry Their Own Price Tag
Placarded freight exposes you to charges ordinary CDL holders never see. These are preset fines from the District Court’s schedule (Rev. 10/2025) — what is printed on the citation, not the maximum at trial.
| Charge | Preset fine | Points |
|---|---|---|
| Transporting hazmat subject to placarding without the proper placards — 49 C.F.R. 172.500(a) | $1,010 | 0 |
| Shipping or transporting hazmat out of compliance with MVA regulations — Transp. § 22-409(b)(1) | $1,010 / $1,590 / $2,040 for 1st, 2nd, 3rd | 0 |
| Transporting hazmat not in proper condition for transportation — 49 C.F.R. 177.801 | $1,010 | 0 |
| Transporting hazmat without shipping papers — 49 C.F.R. 171.200(a) | $540 | 0 |
| Violating an out-of-service order while transporting placarded hazmat — Transp. § 16-808(b)(2) | $500 | 12 |
| Driving a CMV without the required license for that class — Transp. § 16-807(a) | Must appear | 5 |
Do not just pay one of these. Paying a preset Maryland fine is a guilty plea and produces a conviction — and for a CDL holder that conviction is reportable and cannot be masked. A waiver hearing or trial keeps a non-conviction disposition open, including probation before judgment under Md. Code, Crim. Proc. § 6-220, which is foreclosed the moment you pay. The trade-off is real: a judge can also increase the fine, up to $500. And hauling placarded freight without the H endorsement is itself a crime under Transp. § 16-807(a) — up to 2 months and $500 for a first offense, 6 months and $1,000 for a second, a year and $2,000 for a third.
A TSA Denial and an MVA Disqualification Are Separate Fights
Hazmat drivers are the only CDL holders who can lose their livelihood on two independent tracks, with different decision-makers and deadlines. Losing the H does not necessarily take your CDL — but it takes the loads that pay best. A court win on the ticket does nothing about a TSA denial, and a TSA waiver does nothing about an MVA disqualification.
| Track | What it is | Deadline |
|---|---|---|
| MVA disqualification Transp. § 16-812 | A conviction triggers it automatically. The fight is in the District Court on the underlying charge, before the conviction exists. | Your court date — there is no relief afterward |
| TSA appeal 49 C.F.R. § 1515.5 | You assert you do not have the disqualifying condition. Initiate by written reply, by requesting the materials the determination rests on, or by requesting an extension. If the underlying record is wrong, § 1515.5(b)(4) lets you correct it at the source and file the certified corrected record. | 60 days from receipt of the Initial Determination; silence makes it final |
| TSA waiver 49 C.F.R. § 1515.7 | You concede the condition and ask TSA to issue anyway, weighing the circumstances of the offense, restitution and any state or federal mitigation remedies. Not available for espionage, sedition, treason or terrorism. | Any time up to 60 days after the Final Determination; TSA normally answers within 60 days |
| Surrender the endorsement 49 C.F.R. § 1572.11(b) | Required if you are convicted of, wanted for, under indictment or complaint for, or found NGRI of a § 1572.103 offense, or lose lawful status. Failing to surrender invites immediate revocation and civil penalties. | 24 hours |
Hold an H or X and been cited anywhere in Maryland? Call before your court date and before you pay anything. Also: the CDL and commercial drivers knowledge hub, reinstating a disqualified CDL, the FMCSA Clearinghouse, and out-of-state CDL holders ticketed here.
Common Questions
At least every five years. Under 49 C.F.R. 1572.13(e), the security threat assessment renewal period a state sets cannot exceed five years, so the check comes around with your endorsement renewal. Maryland must notify you at least 60 days before the endorsement expires, and you must begin the assessment no later than 30 days before that date. If TSA has not ruled by the expiration date, the state may extend the endorsement for 90 days, and any longer extension needs TSA approval in advance.
Usually not. Only espionage, sedition, treason, a federal crime of terrorism, a transportation security incident, improper transportation of hazardous material, explosives offenses, murder, bomb threats and related RICO violations are permanent under 49 C.F.R. 1572.103(a). Robbery, arson, weapons felonies, drug distribution, fraud, immigration violations, kidnapping and assault with intent to kill are interim offenses under 1572.103(b), and they only disqualify you if you were convicted within seven years of the application or released from incarceration within five. Everything except espionage, sedition, treason and terrorism can also be waived under 49 C.F.R. 1515.7.
Because you were transporting a hazardous material required to be placarded when the offense happened. Md. Code, Transp. 16-812(b) says that if any of the major offenses in subsection (a) occurred while hauling placarded hazmat, the MVA must disqualify you for three years rather than one. Federal rule 49 C.F.R. 383.51 requires the same result in every state. The MVA has no discretion to shorten it, which is why the case has to be won on the charge itself.
Law Offices of David R. Waranch — 301-563-9575 · toll-free 1-877-566-2408. Hablamos Español.
Last updated: August 2026. Statutory references: Md. Code, Transp. §§ 16-807, 16-808, 16-812, 21-902, 22-409; Md. Code, Crim. Proc. § 6-220; 49 C.F.R. §§ 383.51, 384.226, 1515.5, 1515.7, 1572.5, 1572.9, 1572.11, 1572.13, 1572.15, 1572.103, 1572.105, 1572.401, 1572.403. This page is general information about Maryland law, not legal advice, and reading it does not create an attorney-client relationship.