What 172.328(b) means in plain language
When you haul gases in a cargo tank, that tank must display the proper shipping name for the commodity inside. This isn't optional branding or a suggestion—it's a Department of Transportation requirement that ensures emergency responders, other drivers, and inspectors can instantly identify what's in your tank if something goes wrong.
The shipping name isn't the same as a generic label. It's the specific, regulated name assigned to each hazardous gas under DOT classifications. For example, "anhydrous ammonia" has a distinct shipping name, as does "liquefied petroleum gas." If your tank shows a faded, missing, incorrect, or illegible shipping name placard, you're in violation of 172.328(b).
This requirement applies whether you're at rest, in transit, or being loaded or unloaded. The marking must be visible, durable, and accurate. A worn-off sticker from last year, a name that doesn't match your cargo, or a placard in the wrong location all trigger this citation.
What our enforcement data actually shows
Across our 13 million+ roadside inspection records, 172.328(b) is one of the rarest hazmat citations on file. We see 37 all-time citations for this code, with zero citations in the last 90 days and zero in the last 12 months. This places 172.328(b) at rank #1717 of 3,036 FMCSR codes by citation volume.
When cited, this violation is almost never treated as out-of-service. Our data shows a 0.0% out-of-service rate for 172.328(b)—meaning all 37 citations resulted in warning or citation only, not vehicle removal from service. This is dramatically lower than the all-FMCSR average OOS rate of 31.4%, reflecting that DOT inspectors view improper marking as a compliance lapse rather than an immediate safety threat.
The near-zero recent citation count suggests either widespread compliance in this specific area or reduced inspection focus on cargo tank nomenclature relative to other hazmat violations. Either way, if you're seeing this citation today, you're in statistically rare territory.
Who gets cited most
Our inspection records show that this citation is concentrated among specialized gas carriers. NUCO2 SUPPLY LLC (USDOT 578807) has accumulated 4 citations—the highest count in our database. SANTA JUANITA GAS SERVICE INC (USDOT 1035425) follows with 3 citations. The remaining carriers in our top-10 list each have 1 citation, indicating this is not a widespread fleet problem but rather an issue affecting a handful of operators in specific regions.
The data does not identify geographic hotspots by state, as citations are too sparse to establish meaningful state-level patterns. Similarly, vehicle makes cited—including Peterbilt, Kenworth, and Freightliner models—show no dominant pattern, suggesting this violation occurs across equipment types.
How severe is this compared to similar codes
Compare 172.328(b) to other hazmat marking violations in the same regulatory category. Placarding violation 177.817(a) has logged 2,274 citations with a 75.1% out-of-service rate—a dramatically higher enforcement frequency and severity. General loading/unloading hazmat violations (177.834A-HMC and 177.834(a)) rack up nearly 4,000 citations each with OOS rates exceeding 97%, indicating inspectors treat those as immediate safety threats.
Another close peer, 172.516(c6)—placard damaged, deteriorated, or obscured—has 1,796 citations but only a 1.6% OOS rate, similar to 172.328(b)'s 0.0% rate. This suggests that marking-clarity violations generally are treated as correctable defects rather than grounds for vehicle removal. The contrast with dynamic hazmat violations (loading, unloading, movement) is stark: those trigger OOS action far more often.
How to avoid it
Prevent a 172.328(b) citation with these concrete actions:
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Inspect your placard before every trip. Walk around the tank and verify the shipping name is legible, intact, and matches your bill of lading. If it's faded, missing, or peeling, do not depart; notify your carrier or company to replace or repair it before you move.
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Know your commodity's correct shipping name. Don't rely on memory or informal names. Consult your hazmat documentation or ask dispatch for the exact DOT-assigned shipping name for whatever gas you're carrying. Write it down if needed.
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Check placard location and durability on pre-trip. Placards must be affixed to all four sides of the tank (or at the required position if the tank configuration prevents that). Confirm none have shifted, rotated, or become obscured by mud, ice, or cargo straps.
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Report damage immediately. If you discover a damaged placard during your route, contact your company right away and proceed only if you can legally continue (check your carrier's policy). Do not ignore worn markings and hope an inspector misses them.
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Confirm before loading. If you pick up a tank from a yard or shipper, visually verify the placard matches the commodity you're about to receive. Mismatched cargo and labeling is a serious hazmat violation and a safety risk.
These steps take minutes but will keep you compliant and ensure your tank meets the basic visibility and accuracy requirements that emergency responders and other road users depend on.