FMCSR 172.322(b) Q&A: MARPOL Marking on Bulk Packaging

Direct answers about MARPOL marking violations (172.322(b)): OOS rates, what happens next, and how serious this citation is versus other hazmat violations.

Severity Weight
N/A
OOS Eligible
No
BASIC Category
Hazardous Materials
Code System
FMCSR
Code:
172.322(b)
Code System:
FMCSR
BASIC Category:
Hazardous Materials
OOS Eligible:
No
Severity Weight:
N/A

Ranks #2,154 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.0% is below the FMCSR-wide average of 33.3%.

Violation Description

No MARPOL marking on bulk packaging

Questions & Answers

Direct answers grounded in TruckCodex inspection data

Will 172.322(b) put my truck out of service?

No. Across our 13 million+ inspection records, citations for 172.322(b) have resulted in a 0.0% out-of-service rate. None of the 12 all-time citations for this violation led to an OOS placement. For context, the national average OOS rate across all FMCSR codes is 31.4%, so this violation is significantly less likely to trigger an immediate roadside removal than most other hazmat citations.

How serious is 172.322(b) compared to other hazmat violations?

This is one of the least severe hazmat violations. Our inspection data shows that peer codes in the hazmat category carry much higher OOS rates: loading/unloading violations (177.834A-HMC) have a 99.2% OOS rate, placarding violations (177.817(a)) hit 75.1%, and damaged package movement (177.823(a)) reaches 51.8%. By contrast, 172.322(b) has never resulted in an OOS placement, making it substantially lower risk for immediate removal.

What do I do right now after getting cited for 172.322(b)?

Immediate steps:

  1. Review the citation — verify the inspector's finding matches what was on your vehicle.
  2. Document current compliance — take photos showing correct MARPOL markings on all bulk packages.
  3. Check your carrier's hazmat training — confirm packaging labels and markings meet Department of Transportation standards.
  4. Request explanation from your carrier — ask how this marking was missed during pre-trip inspection.
  5. File a DataQs challenge — if the marking was actually present or if the violation was misrecorded, you have 90 days to dispute it through FMCSA's DataQs portal.

Is 172.322(b) a common violation?

No, this is a rare citation. Our database shows only 12 all-time citations for MARPOL marking violations—ranking 172.322(b) at #2132 out of 3,036 FMCSR codes by enforcement volume. In the last 12 months and last 90 days, there were zero citations for this code. This suggests inspectors rarely flag missing MARPOL markings compared to other hazmat documentation or placarding issues.

What carriers have been cited most for 172.322(b)?

Our records show only a handful of carriers cited for this violation. SILVICOM INC (USDOT 1864495), S & M TRUCKING LTD (USDOT 299953), and TREATMENT TECHNOLOGY HOLDING LLC (USDOT 3869323) each have 2 citations; six other carriers have 1 citation each. The small number of total citations means no single carrier dominates this violation type, and most carriers operate without triggering this finding.

Can I contest a 172.322(b) citation through DataQs?

Yes. FMCSA's DataQs system allows drivers and carriers to challenge roadside inspection findings within 90 days. For a marking violation like 172.322(b), contestability depends on whether the mark was actually present—for example, if the inspector missed a valid MARPOL marking or misidentified the packaging type. File through your carrier's profile on SafetyNet, provide photographic evidence if available, and FMCSA will review. Documentation-based violations are often more successfully contested than equipment failures.

How urgent is fixing a 172.322(b) violation?

Low urgency from an OOS perspective, but address it before your next hazmat shipment. Since the 0.0% OOS rate means no immediate removal, you have time to work with your carrier's hazmat compliance team to ensure proper MARPOL markings on all bulk packaging going forward. The rarity of this citation (zero in the last 90 days across 13 million inspections) suggests it's not a widespread enforcement focus, but correcting it protects against future citations.

Does 172.322(b) follow me as a driver or the carrier?

This violation typically attaches to the carrier's safety record and CSA BASIC scores, not just the individual driver. However, if you signed for or inspected the vehicle pre-trip without catching the missing marking, it may also reflect on your personal driving record depending on your carrier's safety scoring system. Hazmat violations carry weight in FMCSA's Hazmat BASIC category, which is monitored for both drivers and motor carriers.

Last updated: 2026-04-20T16:43:10.162Z Answers reference TruckCodex inspection data Read the full article → Fleet FAQ →

Data sources & freshness

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.

Refreshed daily.

Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).

Refreshed daily.
EIA

Retail diesel and gasoline price history and state fuel-tax tables.

Refreshed weekly.

Cross-border carrier registry and Canadian recall campaigns where applicable.

Refreshed weekly.

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.