Montana Code 61-5-147. Authority to revoke or remove hazardous materials endorsement
61-5-147. Authority to revoke or remove hazardous materials endorsement. (1) If the transportation security administration of the department of homeland security informs the department that a person does not meet the standards for the security threat assessment provided in 49 CFR, part 1572, the department shall revoke the person’s hazardous materials endorsement to a commercial driver‘s license. Revocation of the hazardous materials endorsement results in immediate withdrawal of the person’s authority to transport hazardous material in commerce, but does not otherwise affect the person’s commercial driver’s license or any unrelated endorsements.
Terms Used In Montana Code 61-5-147
- Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
- Driver: means a person who drives or is in actual physical control of a vehicle. See Montana Code 61-1-101
- Hazardous material: means :
(a)any material that has been designated as hazardous under 49 U. See Montana Code 61-1-101
- person: means an individual, corporation, partnership, limited partnership, limited liability company, association, joint venture, state agency, local government unit, another state government, the United States, a political subdivision of this or another state, or any other legal or commercial entity. See Montana Code 61-1-101
- Revocation: means the termination by action of the department of a person's driver's license, privilege to drive a motor vehicle on the public highways, and privilege to apply for and be issued a driver's license for a period of time designated by law, during which the license or privilege may not be renewed, restored, or exercised. See Montana Code 61-1-101
(2)A person whose hazardous materials endorsement has been revoked or removed under this section shall surrender the person’s commercial driver’s license to the department and apply for a replacement license, as provided in 61-5-114, that does not include the hazardous materials endorsement.
(3)Upon surrender of a hazardous materials endorsement by a person who is disqualified from holding a hazardous materials endorsement under 49 CFR, part 1572, the department shall note the removal of the hazardous materials endorsement on its records and on the commercial driver’s license information system.