FMCSR 172.313A: No Inhalation Hazard on Package

Yes—but with an important caveat. Across our inspection records, the single citation on record for 172.313A resulted in an out-of-service placement, giving this code a 100.0% OOS rate. However, the code itself is not OOS-eligible under FMCSR rules, meaning an inspector cannot automatically place your vehicle out of service solely for this violation. The OOS placement in our data likely occurred due to a concurrent, OOS-eligible violation. That said, you should treat this violation seriously and correct it immediately.

Yes. This code sits in the Hazardous Materials category alongside much higher-volume violations. Compare it to peer codes: 177.834A-HMC (general loading/unloading hazmat) has a 99.2% OOS rate across 3,954 citations, and 177.817(a) (placarding violation) has a 75.1% OOS rate on 2,274 citations. Your code's 100.0% OOS rate in our database—though based on just one citation—indicates severe enforcement when cited. Even though 172.313A ranks #2796 of 3,036 FMCSR codes by volume, the nature of hazmat violations means inspectors treat package marking and labeling failures as critical safety issues.

Very rarely. Across 13 million+ inspections in our database, we have recorded only 1 all-time citation for 172.313A. In the last 12 months and last 90 days, there have been 0 citations. This extreme rarity suggests that either the violation is uncommon in the field, or it is often grouped with other hazmat violations that inspectors cite instead. Do not assume low enforcement frequency means low risk—it may simply mean most carriers comply, or inspectors cite related codes like 172.502(a)(1) (placarding general requirements, 1,820 citations) instead.

1. Verify the citation details: Confirm the hazmat package and its marking on the inspection report.
2. Review the package label: Ensure the package clearly displays or lacks the "Inhalation Hazard" marking as required by regulation.
3. Check your shipper documentation: Confirm what the shipper declared and whether the package contents actually require the marking.
4. Correct the shipment immediately: If the marking is missing or incorrect, do not move the shipment further until corrected.
5. Document your corrective action: Keep records showing the fix for potential DataQs contest or fleet safety records.
6. Report to your carrier: Notify dispatch and safety management so they can audit similar shipments.

172.313A is far less common than related packaging and placarding violations. 172.502(a)(1) (general placarding requirements) has 1,820 citations with an 18.5% OOS rate, while 172.516(c)(6) (placard deteriorated/obscured) has 1,796 citations but only a 1.6% OOS rate. Codes involving actual loading or unloading of hazmat (177.834A-HMC and 177.834(a)) exceed 3,800 citations each with OOS rates near 100%. 172.313A is narrowly focused on package inhalation hazard labeling, making it a less frequent but serious finding when it does occur.

Yes. The DataQs (Roadside Data Quality) process allows you to contest inspection findings through your carrier's safety department or directly via FMCSA's portal. Since 172.313A involves package marking—a documentary and labeling issue—contestability depends on whether the citation is factual. If you have shipper documentation or shipping papers proving the marking was correct or not required, submit that evidence through DataQs. Hazmat violations can sometimes involve shipper or carrier interpretation disagreements, so documentation is your strongest tool.

In our inspection database, Greenwood Motor Lines Inc (USDOT 63391) has the single recorded citation for this code. This extremely small citation volume reflects the rarity of 172.313A enforcement. Most carriers operate without any recorded violation for this specific code. If you work for a carrier or own an independent operation, use this as a baseline: even one citation in 13 million inspections underscores how critical hazmat compliance is—violations are rare because they must not happen.

Both. Hazmat violations fall under FMCSA's Safety Management and Hazmat Compliance BASICs, which are tracked at both driver and carrier levels. The driver or crew member transporting the shipment bears responsibility for verifying that packages are correctly marked before departure. However, the carrier is responsible for ensuring hazmat training, procedures, and shipper coordination. A citation for 172.313A will appear on the carrier's safety record and may be associated with the driver's record if the driver was operating the vehicle. Correct hazmat labeling is a shared accountability.