FMCSR 172.313(a): No Inhalation Hazard on Package — Driver Q&A

Yes—but only in rare cases. Across our inspection records, 172.313(a) citations resulted in an out-of-service rate of 100.0%. However, this reflects just 1 all-time citation in our 13 million+ record database, so the absolute risk is extremely low. For context, the national average OOS rate across all FMCSR codes is 31.4%, meaning this violation, when cited, has historically been treated more severely than most other infractions.

This is a lower-frequency violation within hazmat enforcement. Our data shows 172.313(a) ranks #2796 of 3,036 FMCSR codes by citation volume. Compare this to peer hazmat placarding and loading violations: 177.834A-HMC has 3,954 citations with a 99.2% OOS rate, and 177.834(a) has 3,839 citations at 97.9% OOS. The infrequency of 172.313(a) citations suggests either strong driver compliance or limited inspector focus on this specific requirement.

Immediate steps: (1) Inspect the hazmat package label—verify an inhalation hazard marking is present if required by the shipment's commodity. (2) Document the current package condition with photos. (3) Contact your dispatcher and safety manager to report the citation. (4) Verify the commodity class and check the shipper's paperwork to confirm marking requirements. (5) Request a copy of the inspection report from the FMCSA within 30 days if you believe the citation is in error.

Yes, you may contest through the DataQS (DataQuality System) portal if you believe the citation is factually incorrect. For a marking violation like 172.313(a), contestability depends on whether the inspector's finding was documentable—did they photograph the package, or is there a discrepancy between the shipper's paperwork and the physical marking? Submit supporting evidence (shipping documents, photos, hazmat training records) within the 90-day DataQS window to challenge the record.

Our inspection data shows only 1 all-time citation for 172.313(a) in our 13 million+ record database, issued to Cannonball Trucking Inc (USDOT 338347). The single citation volume means state-by-state distribution cannot be reliably reported. For broader context, hazmat violations overall concentrate in high-volume freight corridors, but this specific code is too infrequent to pinpoint geographic hotspots.

Moderate to high urgency. The one citation in our records resulted in an out-of-service placement, indicating inspectors treat missing inhalation hazard markings seriously when cited. In the last 90 days, our database shows zero citations for this code, suggesting either rare enforcement or strong compliance. If cited, correct the marking immediately—improper hazmat labeling can result in both vehicle impoundment and regulatory penalties. Do not transport the affected commodity until the package is properly marked.

Hazmat violations typically appear in both driver and carrier CSA records. A 172.313(a) citation will factor into carrier-level safety metrics and may appear on your driver record depending on whether you were the operating driver at the time of inspection. Consult your company's safety manager to understand how the citation is being recorded in your individual file—this affects your ability to work for other carriers or secure hazmat endorsements.