What 172.326(b) means in plain language
When you transport hazardous materials in a portable tank, that tank must display clear identification showing who owns or leases it. This marking requirement exists so emergency responders, inspectors, and other parties can quickly identify the tank's operator in case of an accident, spill, or other incident.
The requirement is straightforward: if your portable tank carries hazmat, it needs to display the owner's or lessee's name visibly on the tank itself. Without this marking, there's no clear way to trace responsibility or contact the responsible party in an emergency. The marking serves as documentation that someone is accountable for that equipment and its contents.
A citation for this violation means an inspector found a portable tank on your vehicle or equipment that lacked this owner/lessee identification. It's a documentation and labeling issue, not a safety defect that makes the vehicle mechanically unsafe to operate.
What our enforcement data actually shows
This violation is exceptionally rare in the field. Across our 13 million+ inspection records, we've documented only 1 citation for 172.326(b) over all time, with 0 citations issued in the last 12 months and 0 in the last 90 days. This code ranks #2796 of 3,036 FMCSR codes by citation volume, placing it near the bottom of enforcement activity.
None of the 1 documented citation resulted in an out-of-service order—the vehicle continued operating. This 0.0% out-of-service rate is substantially lower than the all-FMCSR average of 31.4%, meaning inspectors do not typically view this violation as an immediate safety threat that warrants pulling a truck off the road.
The extreme scarcity of this citation suggests either very high compliance in the industry or very infrequent inspection focus on this specific marking requirement. Either way, if you've been cited, you're in rare company.
Who gets cited most
Our records show only one carrier with a documented citation: ARGUINDEGUI OIL COMPANY II LTD (USDOT 249988) with 1 citation. With a sample size of just one citation all-time, state-level or carrier-level patterns are not meaningful. The violation is too infrequent to identify geographic or operational hotspots.
How severe is this compared to similar codes
Other hazardous materials marking and identification violations show vastly different enforcement rates and severity:
- 177.817(a) (Placarding violation) has generated 2,274 citations with a 75.1% out-of-service rate—a violation more than 2,000 times more common and far more likely to result in an out-of-service order.
- 172.502(a)(1) (Placarding general requirements) has generated 1,820 citations with an 18.5% out-of-service rate—also much more frequently cited.
- 172.516(c)(6) (Placard damaged, deteriorated, or obscured) has generated 1,796 citations with a 1.6% out-of-service rate—still 1,796 times more common than 172.326(b).
The contrast is striking: while placarding violations and general hazmat loading/unloading issues are enforcement priorities, portable tank owner/lessee marking is nearly absent from roadside data. This suggests it's either a low-priority inspection item or compliance is near-universal.
How to avoid it
If you operate or transport portable hazmat tanks:
- Before accepting a portable tank into your fleet or dispatch, verify that the owner's or lessee's name is clearly marked on the tank exterior. Check the tank during your pre-trip inspection, just as you would check placard condition and vehicle lighting.
- Know who owns your equipment. If you lease portable tanks, confirm the lessor's name appears on the tank. If you own them, ensure your company name is marked. Don't assume the marking is there—inspect it yourself.
- Document tank marking as part of your hazmat pre-trip routine. Make it a habit to photograph or note the tank's ID markings before departure. This creates a record that you've verified compliance.
- Report missing or illegible markings to your dispatcher or safety manager immediately. Don't load or transport a tank with unclear ownership identification; the risk of a citation and operational delay isn't worth it.
- Maintain markings over time. If your fleet owns portable tanks, periodically refresh faded or damaged ownership markings. Paint and weather can degrade lettering, especially on older equipment.
Because this violation is so rare in enforcement, it's unlikely to be a focus of roadside inspections. However, if an inspector does examine your portable tank and the marking is absent or illegible, the citation is quick and straightforward to correct: add or refresh the owner/lessee name on the tank.