FMCSR 172.312(b) Citations: Enforcement Data & What Happens Next

No. Across our 13 million inspection records, 172.312(b) has never resulted in an out-of-service order. The OOS rate for this violation is 0.0%, compared to the all-FMCSR average of 31.4%. All 2 citations on record were issued but the vehicles remained in-service. This is a reportable violation, but not an immediate safety shutdown.

Very rarely. Our database shows only 2 all-time citations for 172.312(b), with 0 citations in the last 12 months and 0 in the last 90 days. This code ranks #2651 out of 3,036 FMCSR codes by enforcement volume. If you've been cited for this violation, you're in an uncommon situation—most drivers never encounter it.

First, request a copy of the citation with the specific finding details. Review the violation description on your citation form to understand exactly what the inspector documented. Document the condition of your vehicle or load at the time of inspection with photos if possible. Contact your carrier's safety or compliance department right away. If you believe the citation is factually inaccurate, you can file a DataQs (FMCSA DataQs RDR) challenge within 30 days of the citation date—provide objective evidence that contradicts the inspection finding.

172.312(b) is among the least-enforced hazmat violations. Peer codes in the hazardous materials category show dramatically higher citation volumes and OOS rates: General loading/unloading violations (177.834A-HMC) have 3,954 citations with a 99.2% OOS rate, while placarding violations (177.817(a)) show 2,274 citations at 75.1% OOS. By contrast, 172.312(b)'s 0.0% OOS rate and only 2 all-time citations indicate lower enforcement severity within the hazmat category.

Yes. You have 30 days from the citation date to file a DataQs (FMCSA DataQs RDR) challenge if you believe the finding is factually incorrect. Submit objective evidence—inspection photos, maintenance records, carrier documentation, or witness statements—that contradicts the inspector's observation. DataQs challenges are most effective when the violation involves a factual discrepancy rather than an inspector's judgment call. Consult your citation form for the specific finding and gather evidence that directly refutes it.

Our inspection data shows 172.312(b) citations are so infrequent that only 2 carriers appear on record: Estes Express Lines (USDOT 121018) received 1 citation all-time, and Longview Logistics Ltd (USDOT 2884286) received 1 citation all-time. With zero citations in the last 90 days and zero in the last 12 months, this violation has effectively disappeared from roadside enforcement. There is no meaningful state or regional concentration in our database.

No. The citation trend shows 172.312(b) is not an active enforcement priority. Zero citations in the last 90 days and zero in the last 12 months indicate this violation is not driving current roadside compliance checks. When it has been cited (2 all-time instances), neither resulted in an out-of-service order. Address the citation according to your carrier's policy and respond to any follow-up from FMCSA, but this is not a high-pressure repair or remediation situation compared to placarding or loading/unloading hazmat violations.

Under FMCSA's Compliance, Safety, Accountability (CSA) framework, hazardous materials violations are recorded in both the carrier's and the driver's records—though the specific citation details depend on who was responsible for the violation at the time of inspection. Typically, loading or packaging violations attach to the carrier if it occurred at a facility, or to the driver if during transport. Check your citation to see whether the violation was attributed to driver action or carrier responsibility, as this affects how it appears in each party's safety profile.