What 172.328A means in plain language
This citation addresses a critical hazardous materials documentation requirement: every cargo tank used to transport hazmat must have a proper identification number affixed to it. The responsibility for providing and affixing that ID# lies with the shipper—the party that loads the cargo tank with hazardous material.
When an inspector finds a cargo tank without the required ID# or with an ID# that was not properly provided by the shipper, the driver and carrier can be cited. This isn't about whether you affixed it; it's about whether the shipper fulfilled their legal obligation. In practice, this means you need to verify before accepting a load that the cargo tank carries the proper identification marking. If it doesn't, you have grounds to refuse the load or request that the shipper correct it before departure.
What our enforcement data actually shows
Across our 13 million+ inspection records, 172.328A is cited infrequently—15 citations all-time, with only 8 in the last 12 months and 1 in the last 90 days. The code ranks #2050 out of 3,036 FMCSR codes by citation volume, making it a rare violation on the roadside.
However, when it is cited, the consequences are significant. Our data shows a 60.0% out-of-service rate for this code—well above the all-FMCSR average of 31.4%. This means that in 9 of the 15 all-time citations, the vehicle was placed out of service. The high OOS rate reflects how seriously inspectors treat hazmat documentation failures; incomplete or missing hazmat identification can create public safety and emergency response hazards.
The citation trend over the last 12 months shows sporadic enforcement. We recorded 2 citations in May 2025, 2 in June, and 1 each in April, November, December, and February 2026. This pattern suggests that enforcement depends heavily on inspector diligence and shipper compliance practices, which vary by region and carrier.
Who gets cited most
Over the last 180 days, Texas accounts for 3 citations with a 66.7% out-of-service rate—slightly above the all-time national OOS rate of 60.0%, indicating marginally stricter enforcement or compliance issues in that state.
Our all-time data shows Texas Transeastern Inc (USDOT 387401) with 3 citations for this code, the highest count in our database. Other carriers such as Key Performance Petroleum Company, Whitener Enterprises Inc, and Big Star Transportation LLC each have 1 citation. The concentration among petroleum and hazmat-specialized carriers reflects their exposure to cargo tank operations. This does not imply systematic negligence—with only 15 citations across the entire dataset, any carrier handling hazmat cargo tanks faces low citation risk if they verify shipper compliance before loading.
How severe is this compared to similar codes
172.328A sits in the hazardous materials category alongside codes that carry far higher enforcement volume and OOS consequences. For comparison:
- 177.834A-HMC (General loading/unloading hazmat) has 3,954 citations all-time with a 99.2% OOS rate—indicating that general hazmat loading violations almost always result in vehicle removal from service.
- 177.817(a) (Placarding violation) has 2,274 citations with a 75.1% OOS rate, showing that missing or improper placard markings are enforced more frequently and nearly as severely as 172.328A.
- 172.502(a)(1) (Placarding general requirements) has 1,820 citations but only an 18.5% OOS rate, meaning that general placard requirement breaches are cited more often but lead to out-of-service placement far less frequently.
172.328A's rarity (15 all-time citations) combined with its high OOS rate (60.0%) suggests that inspectors cite it selectively—likely only when the violation is clear and unambiguous—and take it seriously when they do.
How to avoid it
Before accepting a load:
- Inspect the cargo tank for the ID# marking before you accept the load. The shipper must affix a unique identification number on the tank. Do not depart without confirming it is present and legible.
- Verify the ID# matches the hazmat paperwork. Cross-check that the ID# on the tank corresponds to the shipping papers and manifest you are given. Mismatches can trigger secondary enforcement scrutiny.
- Request correction if the ID# is missing or defaced. Make it clear in writing (via bill of lading notation or email) that the cargo tank lacks proper identification and that you are requesting the shipper address it before loading completes.
During pre-trip inspection:
- Walk the entire tank perimeter. Our data on commonly co-occurring violations shows that when 172.328A appears, it often occurs alongside mechanical defects (slack adjusters, brakes, steering components, fuel system leaks). A thorough walk-around will catch both hazmat documentation problems and vehicle safety issues.
- Check for damage or deterioration to the ID# label. Even if the number is present, a faded, corroded, or partially obscured label may be cited under a related code.
- Note vehicle make and condition. Our inspection records show that Peterbilt (PTRB) and Kenworth (KW) tractors combined account for 10 of the 15 citations. Older cargo tank trailers in particular may have worn or missing ID#. If you operate these makes, add an extra visual check for hazmat compliance markings.
Documentation safeguard:
- Keep a photo or written record of the ID# visible on the tank before departure. If an inspector later questions it, or if the marking is damaged in transit, you have documentation that it was properly affixed when the load began.
Because shipper responsibility is key to this citation, the best defense is clear communication: do not depart until the shipper has visibly affixed the ID# and you have verified it.