What happens if you're cited for improper cargo tank marking? Direct answers on OOS rate, enforcement trends, and next steps from 13M+ inspection records.
Ranks #1,745 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.0% is below the FMCSR-wide average of 33.3%.
Cargo tank not marked with proper shipping name for gases
Direct answers grounded in TruckCodex inspection data
No. This violation will not place your truck out of service. Across our inspection records, 172.328(b) citations have resulted in zero out-of-service placements—a 0.0% OOS rate. This is significantly lower than the 31.4% average OOS rate across all FMCSR codes, and well below similar hazmat marking violations like placarding violations (177.817(a)), which carry a 75.1% OOS rate. You can continue operating while you address the marking deficiency.
This is a low-severity violation in enforcement context. Of 37 all-time citations in our database, zero resulted in out-of-service orders. By contrast, peer codes in the hazardous materials category show dramatically higher enforcement severity: general loading/unloading violations (177.834A-HMC) carry a 99.2% OOS rate, and placarding violations (177.817(a)) reach 97.9%. The marking requirement itself is important for safety communication, but inspectors treat it as a documentation/labeling issue rather than an immediate safety-critical defect.
Immediate steps:
You are not out of service, so correcting this can happen within normal maintenance windows.
The citation data in our database does not include CSA point weights for this code. CSA point assignment depends on FMCSA's severity classification and the specific BASIC category your violation falls under (likely Hazardous Materials Compliance). Point multipliers and severity tiers vary by month and are managed by FMCSA's Safety Management Cycle. Contact your carrier's safety manager or FMCSA directly to confirm the exact CSA impact on your record.
Possibly. The Data Quality System (DataQs) allows drivers to challenge inspection findings if they believe the data is inaccurate or if the inspector's conclusion was incorrect. For a marking violation, a successful challenge typically requires documented evidence that the shipping name was properly marked at the time of inspection—photos, tank maintenance logs, or inspection records showing the marking was legible and compliant. If the marking was genuinely missing or obscured, the citation will likely stand. Submit your challenge within 90 days of the citation through the FMCSA DataQs portal.
Our inspection records show only 37 all-time citations for 172.328(b) nationwide, making it the #1717 least-cited violation out of 3,036 FMCSR codes. This extremely low citation volume means it is not concentrated in any particular state—it is rare across the country. Most citations are issued to a small number of specialized carriers in bulk gas transport. Unless your operation involves frequent cargo tank movements, the likelihood of encountering this violation is very low.
This violation is exceptionally rare and declining. Our database shows zero citations in the last 12 months and zero in the last 90 days, despite 37 all-time records. This indicates either very low inspection focus on cargo tank marking (compared to more common hazmat violations like placarding) or high compliance among the few carriers operating cargo tanks for gases. If you haul gases in bulk, the rarity of recent citations suggests this marking standard is not a current enforcement priority.
Hazmat violations in FMCSA's CSA Safety Management System affect both driver and carrier safety records. The citation will appear on your driver record (linked to your USDOT number) and on your carrier's record (linked to the company USDOT). Your carrier's violation history across all drivers influences their CSA percentile ranking. If you move to a different carrier, the citation stays on your personal record for 3 years; your previous carrier's history does not transfer with you.
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Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).
Cross-border carrier registry and Canadian recall campaigns where applicable.
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