What happens if you're cited for 172.328(e)? Find out the OOS rate, enforcement trends, and what to do next based on 13M+ inspection records.
Ranks #2,427 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.0% is below the FMCSR-wide average of 33.3%.
Fail to mark "Non Odorized LPG" on cargo tank
Direct answers grounded in TruckCodex inspection data
No. Across our 13 million inspection records, citations for 172.328(e) have never resulted in an out-of-service order—the OOS rate is 0.0%. All 5 all-time citations in our database resulted in warnings or repair orders, not roadside removal. This is dramatically lower than the 31.4% average OOS rate across all FMCSR codes, making this one of the least severe hazmat marking violations to receive.
This violation is considerably less serious than most hazmat-category citations. Peer codes like general loading/unloading hazmat (177.834A-HMC) carry a 99.2% OOS rate, and placarding violations (177.817(a)) average 75.1% OOS. By contrast, 172.328(e) has a 0.0% OOS rate, placing it in the bottom tier of severity within the hazardous materials category. The marking requirement exists for safety, but enforcement has been light—only 5 citations in our entire database.
Immediate steps:
Since this is not an OOS violation, you can continue operating while correcting the defect.
Yes. This violation ranks #2406 out of 3,036 FMCSR codes by citation volume. Our inspection database contains only 5 all-time citations for 172.328(e), with zero citations in the last 12 months and zero in the last 90 days. This extreme rarity suggests either very low violation frequency or highly selective enforcement. Most hazmat violations are cited far more often—for comparison, general loading/unloading hazmat violations (177.834A-HMC) have 3,954 citations in our records.
The citations are so sparse that no single carrier dominates the enforcement picture. Our data shows five carriers with one citation each: UNITED PETROLEUM TRANSPORTS INC (USDOT 185040), HAIGOOD & CAMPBELL LLC (USDOT 471485), BDS FLUIDS INC (USDOT 2185047), SPIRIT ENERGY LLC (USDOT 2437143), and GIGO TRANSPORT INC (USDOT 2570145). This distribution across five operators suggests the violation is randomly distributed rather than concentrated in any particular fleet operation.
You can formally challenge a citation through the FMCSA's DataQs online system by submitting a Request for Data Review (RDR). For a marking violation like 172.328(e), contestability depends on whether the citation is factual: if the marking was present and legible at the time of inspection, you have strong grounds to dispute it. Gather photos, maintenance records, and inspector notes. DataQs reviews are handled by FMCSA specialists and typically take 30–45 days. Document your compliance before submitting.
There is no hard regulatory deadline because this is not an out-of-service violation. However, the marking defect should be corrected as soon as practical—ideally within 30 days—to avoid citation during a future inspection and to maintain compliance with hazmat regulations. Since our data shows zero citations in the last 90 days, enforcement pressure is minimal, but non-odorized LPG must be marked for safety communication and regulatory compliance. Prioritize it in your maintenance schedule, but you can continue operating legally while arranging the repair.
FMCSA violations are recorded against both the driver and the carrier under separate CSA BASIC categories. The equipment violation (improper marking) is typically attributed to the carrier's maintenance program, affecting the carrier's BASIC scores. However, the citation itself appears on both records within the FMCSA Safety Management System. Drivers should report all citations to their carrier and fleet managers should track equipment-level violations as indicators of maintenance compliance gaps.
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