FMCSR 172.326(a): Portable Tank Marking — Driver Q&A

No. A 172.326(a) citation is not out-of-service eligible, and across our inspection records, zero of the 16 all-time citations for this violation resulted in an OOS placement. Compare that to the national average OOS rate of 31.4% across all FMCSR codes—this violation sits at 0.0%. You will not be placed out of service on the roadside for this citation alone, though you must still correct the marking deficiency before moving the load.

This is a low-frequency, low-severity hazmat marking issue. Our inspection database shows only 16 all-time citations for 172.326(a), ranking it #2026 out of 3,036 FMCSR codes. Compare it to peer hazmat violations: general loading/unloading hazmat violations (177.834A-HMC) have 3,954 citations with a 99.2% OOS rate, and placarding violations (177.817(a)) have 2,274 citations with a 75.1% OOS rate. The rarity and zero OOS rate indicate this is treated as a documentation or labeling defect rather than an acute safety threat, though it still requires immediate correction.

Immediate steps:

1. Stop and verify the marking — Check that the portable tank displays the correct UN/NA shipping name and identification number as required by hazmat regulations.
2. Document what you see — Take photos of the current marking (or lack thereof) for your records.
3. Contact your carrier or dispatch — Report the citation and the marking deficiency immediately; do not move the load until corrected.
4. Do not continue transport — Even though you won't be placed OOS, moving hazmat with improper identification is a federal violation.
5. Request a corrective action plan — Work with your carrier to get the tank properly marked before the next movement.
6. Keep the citation and proof of correction — You may need these to contest via DataQs or for your safety file.

CSA point weighting is not disclosed in this citation's enforcement data. Contact your carrier's safety or compliance team for the specific point value assigned in your company's CSA tracking system. What we can tell you from our 13M+ inspection database: the zero OOS rate and extremely low citation volume (16 all-time, 0 in the last 12 months) suggest FMCSA treats this as a lower-severity marking defect, not an acute safety violation. Your carrier can clarify the exact CSA impact.

Yes, you can contest any roadside citation through the DataQs system within 90 days of the inspection. DataQs allows drivers and carriers to challenge factual errors in inspection records—for example, if the portable tank was properly marked and the inspector missed it, or if the citation was issued in error. You'll need to provide documentation (photos, maintenance records, shipping papers) proving the tank was correctly marked. Success depends on the strength of your evidence; marking violations are observable facts that can be disputed if you have clear proof the marking was compliant at the time.

Our inspection records show only 16 all-time citations for 172.326(a) across the entire United States, with zero citations in the last 12 months and zero in the last 90 days. This means there is no clear geographic hotspot—the violation is extremely rare in enforcement. The top carrier cited is Imperative Chemical Partners Inc (USDOT 1796904) with 3 citations, suggesting the issue appears sporadically across different carriers and states rather than clustering in one region. If you've been cited, it's likely a one-off inspection finding, not a systematic enforcement pattern in your area.

Very urgent for compliance, but not a roadside emergency. While you won't be placed out of service immediately, a portable tank without proper shipping name or ID number is in violation of federal hazmat transport rules and cannot legally be moved. The marking must be corrected before the next movement of that load. The rarity of citations (zero in the last 12 months) suggests inspectors aren't pulling over every unmarked tank, but the next inspector who spots it will cite you again. Treat this as a same-day or next-business-day correction, not a next-week problem.

Hazmat violations are tied to both the driver and the carrier under the CSA system. The citation will appear on your personal driving record and on your carrier's company safety profile. As a driver, a single 172.326(a) citation has minimal impact given the zero OOS rate and rare enforcement volume, but it still flags a hazmat compliance issue. Your carrier bears greater responsibility, as hazmat shipping, marking, and documentation are carrier obligations. If you're operating under a carrier's authority, the violation counts against both your profile and theirs in FMCSA's database.