Direct answers on 172.323 citations, OOS rates, and next steps. Data from 13M+ roadside inspections.
Ranks #2,664 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.0% is below the FMCSR-wide average of 33.3%.
Direct answers grounded in TruckCodex inspection data
No. Across our inspection records, 172.323 has never resulted in an out-of-service order. All 2 all-time citations in our database were issued without an OOS placement, giving this code a 0.0% out-of-service rate. This is significantly lower than the 31.4% average OOS rate across all FMCSR codes, making it a non-OOS-eligible violation.
It's relatively minor. In the same hazardous materials category, peer codes show vastly higher enforcement and OOS rates. For example, 177.834A has a 99.2% OOS rate with 3,954 citations, and 177.817(a) has 97.9% OOS rate with 2,274 citations. By contrast, 172.323 ranks #2651 of 3,036 FMCSR codes by citation volume, with only 2 all-time citations recorded in our inspection database.
No. Our data shows minimal recent enforcement activity. In the last 90 days, there were 0 citations for 172.323. In the last 12 months, only 1 citation was issued (in May 2025). This extremely low volume indicates 172.323 is enforced very rarely across the industry, suggesting either compliance is strong or the violation is uncommon in practice.
First, confirm the citation details and violation date with your safety manager or dispatcher. Review the specific violation narrative on your inspection report—this will clarify exactly what aspect of the regulation was cited. If you believe the citation is factually incorrect (e.g., wrong vehicle, wrong date, or misidentified equipment), document your evidence and contact your carrier's compliance team to prepare for DataQs rebuttal if applicable.
Potentially, yes. The DataQs (Crash and Inspection Query System) portal lets you challenge factual errors in citations. Since hazmat violations often involve documentation or equipment inspection findings, contestability depends on your specific case: if the inspector misidentified the violation or the vehicle, you have grounds to challenge it. Work with your carrier's compliance team to gather evidence and file within required timeframes.
Our inspection records show 2 all-time citations: C N TOMMELL LLC (USDOT 895342) and E & K SANDOVAL TRANSPORTATION LLC (USDOT 3904684) each received 1 citation. Vehicle makes cited were PTRB and WANC, each with 1 citation. The extremely small sample reflects how infrequently this violation appears in enforcement data across 13 million+ inspections.
All citations—including 172.323—are reportable to FMCSA and appear on your carrier's Safety Management System (SMS) profile, affecting both driver and carrier CSA records. However, because 172.323 is non-OOS-eligible and has a 0.0% OOS rate in our data, its safety impact is lower than violations with high OOS placement. The specific CSA point assignment depends on your carrier's internal policies and the violation's severity classification.
Yes, compliance is always urgent—not because of citation frequency but because it's a hazardous materials regulation. Even though our database shows 0 citations in the last 90 days and only 1 in the last 12 months, hazmat violations carry regulatory weight and safety criticality. A single citation can flag your carrier during audits. Ensure your hazmat procedures align with federal standards regardless of enforcement trends.
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.