FMCSR 171.2(b): Failed to Comply with Exemption—Q&A

What happens when cited for 171.2(b)? Direct answers on OOS risk, severity, and next steps based on 13M+ inspection records.

Severity Weight
N/A
OOS Eligible
No
BASIC Category
Hazardous Materials Compliance
Code System
FMCSR
Code:
171.2(b)
Code System:
FMCSR
OOS Eligible:
No
Severity Weight:
N/A

Ranks #2,502 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.0% is below the FMCSR-wide average of 33.3%.

Violation Description

Failed to comply with exemption

Questions & Answers

Direct answers grounded in TruckCodex inspection data

Will 171.2(b) put my truck out of service?

No. Across our inspection database, 171.2(b) citations have never resulted in an out-of-service placement. The OOS rate for this violation is 0.0%—all 4 all-time citations resulted in warnings or citations only, not vehicle removals. For context, the average FMCSR violation carries a 31.4% OOS rate, so this code sits well below the enforcement baseline.

Is 171.2(b) a serious hazmat violation compared to other 171.2 codes?

It's relatively rare and less severe than many related hazmat violations. Our records show only 4 all-time citations for 171.2(b)—ranking it #2480 of 3,036 FMCSR codes by frequency. By contrast, peer codes like 171.2K-HMGRMC (255 citations, 1.6% OOS rate) and 171.2(k) (155 citations) see far more enforcement. Your violation touches exemption compliance, a narrower subset of hazmat regs than general transportation or documentation failures.

What do I do immediately after being cited for 171.2(b)?

  1. Review the exemption cited. The violation involves failing to comply with a specific hazmat exemption or special permit—confirm which one your operation claimed.
  2. Audit your paperwork. Verify exemption approval is valid, not expired, and matches your cargo and vehicle.
  3. Contact your carrier or compliance team. If you lease, notify dispatch and the carrier's hazmat officer.
  4. Document corrective action. Take photos or notes of corrected procedures for your records.
  5. Save the citation. You may use it in a DataQs challenge if facts are inaccurate.

Can I challenge a 171.2(b) citation through DataQs?

Yes. The DataQs dispute process allows you to challenge roadside inspection findings if there's a factual error—wrong vehicle description, misidentified exemption, or documentation the inspector missed. File within 90 days of the inspection. Since 171.2(b) hinges on exemption compliance, a valid, unexpired exemption letter or special permit approval in your cab at the time of inspection is strong grounds for a correction request. Consult your carrier's compliance team for supporting documentation.

How many 171.2(b) citations happened in the last 90 days?

Zero. Our inspection records show no citations for 171.2(b) in the last 90 days, and none in the last 12 months either. The only 4 citations on record are older. This rarity reflects both limited enforcement activity and the specificity of exemption-based violations—they occur when carriers misapply or misunderstand narrow regulatory carve-outs rather than fail at baseline hazmat duties.

What carriers have been cited most for 171.2(b)?

Our database records one citation each to four carriers: Carnes Trucking Co Inc (USDOT 278668), Van Dyk Tank Lines Inc (USDOT 1285259), Easy Carrier LLC (USDOT 3734211), and Mountain Movers Engineering Contractors Inc (USDOT 4128730). No single carrier shows a pattern—enforcement is too infrequent to identify a high-risk fleet. Tank and flatbed operators (vehicles cited include Fontaine and Freightliner chassis) appear in the sample, but sample size is too small to draw conclusions.

Does 171.2(b) follow the driver or the carrier in CSA scoring?

Hazmat violations like 171.2(b) are attributed to both driver and carrier in FMCSA's Compliance, Safety, Accountability (CSA) program. The citation reflects on the carrier's Hazardous Materials Compliance BASIC and may affect your driver record if you were the operator. The exact CSA points and severity weight depend on the specific exemption and circumstances; your carrier's safety team or a CSA advisor can calculate impact on your or your company's safety profile.

Last updated: 2026-04-20T17:18:09.346Z Answers reference TruckCodex inspection data Read the full article → Fleet FAQ →

Data sources & freshness

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