Direct answers about 172.313(b) hazmat violations: OOS rates, CSA points, what to do next, and how serious this citation is compared to other hazmat codes.
Ranks #2,811 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.0% is below the FMCSR-wide average of 33.3%.
No "Poison" on non-bulk plastic package
Direct answers grounded in TruckCodex inspection data
No. Across our inspection records, 172.313(b) citations have resulted in an out-of-service rate of 0.0%. This means that in every single case where this violation was cited, the vehicle remained in service. The FMCSR code itself is not OOS-eligible, so even if cited, an inspector cannot place your truck out of service for this violation alone. However, remember that citations can still impact your safety record and CSA scores.
This is relatively minor in the hazmat enforcement landscape. Our database shows the national average out-of-service rate across all FMCSR codes is 31.4%, but 172.313(b) sits at 0.0%. For comparison, peer hazmat loading and placarding codes show much higher OOS rates: general loading/unloading violations (177.834A-HMC) average 99.2% OOS, and placard violations (177.817(a)) average 97.9% OOS. 172.313(b) ranks #2796 out of 3,036 FMCSR codes by citation frequency, indicating it is rarely enforced.
Take these steps immediately:
Because this violation is not OOS-eligible, your immediate priority is documentation and prevention, not roadside repair.
The exact CSA point weight for 172.313(b) depends on the severity assigned by the inspecting officer and your carrier's Safety Measurement System profile. FMCSA does not publish a single point value per code; instead, violations are weighted by severity and may be multiplied based on frequency within a 30-day period. You can find your specific CSA impact in your FMCSA Safety Management System account or by contacting your carrier's safety department. Our data does not include the point weight for this particular code.
Very rare. Our inspection database contains only 1 citation for 172.313(b) across 13 million roadside inspections. This occurred with LEESER TX INC (USDOT 66011). No citations have been issued in the last 12 months or last 90 days. This suggests the violation is either highly specific, difficult to detect, or already well-controlled by most carriers. You are unlikely to encounter this violation again if you follow standard hazmat placarding and labeling protocols.
Yes, you may contest the citation through the FMCSA's DataQs (Database Quality System) if you believe it was issued in error. DataQs allows drivers and carriers to challenge violations on the basis of factual inaccuracy in the inspection report. To submit a challenge: log into your FMCSA account, locate the citation record, and file a DataQs report explaining why the violation does not apply to your vehicle or conduct. Include evidence such as photographs, maintenance records, or shipping documents. FMCSA reviews and either affirms or removes the violation. Because 172.313(b) is typically documentation-based, a clear audit trail of your hazmat compliance will strengthen your case.
Our data shows only one citation for 172.313(b) in our entire 13 million-record database, and it occurred in Texas (LEESER TX INC). Because citation volume is so low, we cannot reliably identify geographic hotspots or state-level trends. If you operate in Texas, remain especially diligent with hazmat paperwork and placarding. For most other regions, this citation is effectively non-existent in our enforcement records.
Low urgency from an immediate operational standpoint, but address it promptly for compliance. Because 172.313(b) is not OOS-eligible and has a 0.0% out-of-service rate, you do not need to stop operations or make emergency roadside repairs. However, the violation still counts against your safety record. Since our data shows zero citations in the last 90 days and only one all-time, focus on understanding what triggered the citation and correcting the root cause—likely a documentation, labeling, or marking issue—before your next hazmat shipment.
TruckCodex aggregates official public-sector datasets. See the Source registry for dataset-level coverage and the Freshness log for last-import timestamps.
Census, SAFER, SMS, Licensing & Insurance (L&I), roadside inspections, crashes, and authority history.
Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).
Cross-border carrier registry and Canadian recall campaigns where applicable.
TruckCodex is an independent aggregator; it is not affiliated with FMCSA, NHTSA, EIA, or Transport Canada. Always verify compliance-critical information directly with the originating agency.