FMCSR 172.328(a): Cargo Tank ID# Citation Guide

Yes, but not always. Across our 13 million inspection records, 172.328(a) citations result in an out-of-service placement 61.5% of the time. That's nearly double the all-FMCSR average of 31.4%, making this a serious violation. However, our data shows 10 citations were not placed out of service, so inspector discretion and circumstances matter. If your truck is placed OOS, you cannot operate it until the hazmat cargo tank identification documentation is corrected and verified.

First: Stop operations with that cargo tank immediately if you're out of service. Second: Contact your dispatcher and safety manager with the citation number and inspection details. Third: Locate the shipper's paperwork or contact the shipper to obtain or affix the missing cargo tank ID number—this is fundamentally a shipper documentation failure, not a driver equipment problem. Fourth: Request reinspection once the ID# is provided and affixed. Fifth: Keep detailed records of all corrective steps taken. Document when the ID# was added and by whom.

Yes, relative to the all-FMCSR average but not compared to the most serious hazmat codes. Our inspection database shows 172.328(a) has a 61.5% OOS rate, which is high—but peer codes like general loading/unloading violations (177.834A-HMC, 99.2% OOS) and placarding violations (177.817(a), 97.9% OOS) are enforced far more aggressively. Still, 172.328(a) ranks in the top tier of hazmat severity. It affects cargo identification, which is critical for emergency response and safe handling.

Rarely. Our records show only 26 all-time citations for 172.328(a) across 13 million inspections, making it the #1848 most-cited code out of 3,036 FMCSR codes. In the last 12 months and past 90 days, we recorded zero citations. This is an uncommon violation, which means if you receive one, it indicates a significant documentation gap that needs immediate attention—but you're not dealing with a systemic enforcement pattern.

Two carriers appear twice in our all-time records: Kendrick Oil Co (USDOT 283308) and Texas Transeastern Inc (USDOT 387401). Seven other carriers have one citation each. The pattern suggests this violation clusters in the petroleum and bulk liquid transport sector, where cargo tank documentation is essential. If your carrier operates in hazmat bulk transport, flagging shipper documentation protocols during safety meetings could prevent future citations.

Yes, you can submit a citation challenge through FMCSA's DataQs (Data Query System) within the timeline specified on your violation notice. Since 172.328(a) is fundamentally a shipper documentation failure—not a driver action or vehicle defect—you have a strong contestability case if you can prove the ID# was provided by the shipper or affixed before departure. Gather the shipper's paperwork, bills of lading, and tank inspection photos. DataQs requires documented evidence that the violation did not occur.

Our inspection data does not break down 172.328(a) citations by state—the enforcement volume (26 all-time) is too sparse for reliable state-level analysis. However, the top carriers cited (Kendrick Oil Co, Texas Transeastern Inc) operate primarily in petroleum distribution, suggesting citations cluster in regions with heavy oil and chemical transport. If you operate in bulk liquid hazmat, ensure your shipper verification procedures include cargo tank ID# confirmation before loading.

Legally, it's a shipper issue—but you and your carrier both carry compliance risk. The regulation requires the shipper to provide or affix the cargo tank ID#. However, FMCSA holds drivers accountable for departing with hazmat that lacks proper identification, and carriers are responsible for ensuring their dispatch systems catch missing documentation. As a driver, verify the cargo tank ID# is present and legible before accepting the load. As a carrier, audit shipper compliance during load acceptance.