Will 172.326A put your truck out of service? What comes next? Direct answers backed by 13M+ inspection records.
Ranks #2,215 of 3,146 FMCSR codes by citation frequency • OOS rate of 10.0% is below the FMCSR-wide average of 33.3%.
Portable tank not marked with proper shipping name or ID#
Direct answers grounded in TruckCodex inspection data
No, not usually. Across our inspection records, 172.326A resulted in out-of-service placement only 10% of the time (1 out of 10 all-time citations). This is significantly lower than the 31.4% average OOS rate across all FMCSR codes. Most drivers cited for this portable tank marking violation stay in-service, though enforcement discretion and the specific circumstances of your inspection matter.
Relatively low enforcement priority. Among hazardous materials codes, 172.326A ranks #2191 out of 3,036 total FMCSR codes by citation frequency, with just 10 all-time citations in our database. Compare this to related hazmat violations: general loading/unloading hazmat codes see 3,800+ citations each with 97%+ OOS rates, and placarding violations (177.817) exceed 2,200 citations. Your violation is rare and mild by comparison.
First: photograph the portable tank markings as they are now—capture the shipping name, ID number, and any damage or obscuring. Second: verify the current markings against your bill of lading and hazmat certification. Third: if markings are missing or worn, arrange immediate repair before your next load. Fourth: request the inspection report from the roadside inspector to understand exactly what marking was deficient. Fifth: contact your carrier's safety manager with the citation details.
No. Peer codes in the hazmat category show vastly higher enforcement volume and out-of-service rates. General loading/unloading hazmat violations (177.834A, 177.834) each exceed 3,800 citations with 97%+ OOS rates. Placarding violations (177.817) hit 2,274 citations with 75.1% OOS. Your violation—portable tank marking—appears only 10 times in our records with a 10.0% OOS rate, making it one of the least-cited hazmat marking issues.
The FMCSA assigns point weights by violation severity. This citation falls under hazardous materials compliance. While we don't assign the points ourselves, FMCSA typically weights hazmat marking violations lower than hazmat loading or placarding failures. Your carrier's safety department or your CSA portal will show the exact point value. Request a detailed CSA point breakdown from your carrier to confirm the multiplier applied in your 30-day rolling window.
Texas dominates enforcement. In the last 180 days, Texas accounted for 2 citations—100% of recorded citations in that period. One of those two resulted in out-of-service placement (50.0% OOS rate in TX). With only 10 all-time citations nationally and 0 citations in the last 90 days, this violation is extremely rare, and TX inspectors account for the vast majority of catches. Other states show no citation history in recent records.
Medium urgency. While the 10% OOS rate suggests low immediate risk, don't delay. Our data shows 7 citations in the last 12 months and 0 in the last 90 days, indicating sporadic enforcement, so you may have time—but improper marking makes your load non-compliant and exposes you to a second citation. Fix markings before your next hazmat haul. If markings were already damaged at citation, repair within 48 hours and document with photos.
Yes, DataQs (the FMCSA's challenge system) accepts disputes for all roadside inspection findings, including marking violations. You have 90 days from the inspection date. Your case depends on whether the markings actually met requirements at the time of inspection—gather photos, maintenance records, and your hazmat documentation. If the inspector misidentified a faded but present marking, or cited you for a portable tank you weren't even transporting, you have grounds. Work with your carrier's compliance team to file.
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