FMCSR 172.205(e) Citations: What Drivers Need to Know

No. Our inspection records show a 0.0% out-of-service rate for 172.205(e) citations. Across all 13 million inspections in our database, the national average OOS rate is 31.4%, so this violation is significantly less likely to result in an immediate roadside shutdown than most FMCSR codes. However, you should still address the violation promptly in your compliance records.

172.205(e) is among the least-cited hazmat regulations. Our data shows only 1 all-time citation, ranking it #2796 out of 3,036 FMCSR codes by enforcement volume. By comparison, peer codes in the hazmat category see dramatically higher citation counts and OOS rates—for example, 177.834A-HMC has 3,954 citations with a 99.2% OOS rate. This suggests 172.205(e) violations are rare and enforcement is minimal relative to loading, placarding, and packaging violations.

1. Document the citation. Record the inspector's badge number, inspection number, and the specific violation details.
2. Review your load and paperwork. Verify hazmat documentation, packaging, and placarding align with DOT requirements.
3. Contact your carrier/fleet manager. Report the violation and request guidance on corrective action.
4. Keep records. Save all citation documents and any remedial steps you take.
5. Consider DataQs. If you believe the citation is inaccurate or not supported by evidence, you can contest it through the Federal Motor Carrier Safety Administration's DataQs system within 90 days.

Yes. The FMCSA DataQs system allows drivers and carriers to challenge inspection findings that they believe are inaccurate or unsupported. You have 90 days from the inspection date to file. Violations involving documentation, labeling, or paperwork are often more contestable if the evidence was incomplete or the citation was issued without sufficient documentation. Gather any supporting evidence (shipper documents, placards, bills of lading, etc.) before submitting your challenge.

Enforcement of 172.205(e) is minimal. Our records show 0 citations in the last 90 days and 0 in the last 12 months. The single all-time citation in our database was issued to Patrick Industries (USDOT 93791), suggesting this is an extremely rare violation. Unless enforcement patterns shift, this code is unlikely to be a significant compliance focus for your fleet.

Based on our 13 million inspection records, the single 172.205(e) citation involved a Great Dane or Internationa trailer (both manufacturers are represented in the one-citation sample). Due to the extremely low citation volume, no meaningful pattern emerges. Hazmat compliance should be applied uniformly across all vehicle types and trailers in your fleet.

172.205(e) enforcement is negligible compared to placarding codes. Our data shows peer violations like 177.817(a) (placarding violation) have 2,274 citations with a 75.1% OOS rate, while 172.516(c)(6) (placard damaged/obscured) has 1,796 citations with a 1.6% OOS rate. With only 1 all-time citation, 172.205(e) appears to be either extremely rare in practice or not a priority enforcement target. Focus hazmat compliance efforts on the high-volume categories: general loading/unloading, placarding accuracy, and emergency response information accessibility.

Violations are recorded against both the driver and the carrier in the FMCSA CSA system. A citation appears on your record and your company's record. If you believe the citation was issued incorrectly, contest it early through DataQs—a successful challenge removes it from both records. If upheld, it will factor into your company's hazmat safety BASIC score, which can affect insurance, customer relations, and regulatory scrutiny.