FMCSR 172.328A: Cargo Tank ID# Citation – Q&A

Yes, but not always. Across our 13 million inspection records, 172.328A resulted in an out-of-service order in 60.0% of cases (9 out of 15 all-time citations). That's nearly double the 31.4% average OOS rate across all FMCSR codes. The violation itself is not OOS-eligible by regulation, but inspectors often discover related defects—brakes, coupling devices, or fuel system issues—that trigger the out-of-service decision. If you were cited for this, ask the inspector which specific equipment defect caused the out-of-service placement.

172.328A is relatively minor within hazardous materials enforcement. Our data shows it ranks #2050 out of 3,036 FMCSR codes by citation volume (only 15 all-time). Compare this to peer hazmat codes: general loading/unloading violations (177.834A-HMC) clock 3,954 citations with a 99.2% OOS rate, and placarding violations (177.817(a)) total 2,274 citations with 75.1% OOS. However, your 60.0% OOS rate for 172.328A is still significantly higher than the national average, meaning when it does get cited, enforcement tends to be strict.

First, get copies of the inspection report and the specific defects listed. Second, inspect your cargo tank for the ID# requirement—verify the shipper affixed it correctly or supply documentation proving it was provided. Third, review the co-occurring violations our data shows are common: in the last 90 days, we saw 172.328A paired with braking defects (393.48A, 396.3A1BOS), steering issues (393.53B), coupling problems (393.55C1), and lighting failures (393.9). Have a qualified inspector check these systems immediately. Fourth, contact your shipper to confirm hazmat documentation completeness and emergency response information (172.602A was also cited concurrently). Fifth, contact a transportation attorney or your carrier's compliance team about contesting through DataQs if you believe the finding was incorrect.

Texas dominates 172.328A enforcement in the last 180 days, with 3 citations and a 66.7% out-of-service rate (2 out of 3). No other state appears in the top citations for this code in that window. Our data is limited here—only 15 all-time citations nationally—so Texas represents the overwhelming majority of recent activity. If you operate hazmat cargo tanks in Texas, cargo tank ID# compliance should be a fleet priority.

Yes, DataQs is the FMCSA's platform for contesting any inspection record, including 172.328A findings. However, contestability depends on the nature of the violation. If the inspector cited the shipper's failure to provide or affix the ID#, the finding is typically documentation-based and contestable if you have evidence the shipper did provide it or it was affixed. If the violation was paired with a mechanical defect (which our data shows occurred in several cases), you may contest the equipment finding with repair receipts. File your contest within the DataQs deadline (typically 90 days from inspection) and include photographs, shipper correspondence, or maintenance records. Consult your carrier's compliance team or a transportation attorney for strategy.

Our records show 8 citations for 172.328A in the last 12 months, with a slight upward trend early in 2025. Looking at the last 90 days, only 1 citation appears, suggesting this violation is becoming less frequent. This is a very rare finding—for context, the busiest month was May and June 2025, each with 2 citations. Most hazmat shippers and carriers appear to have corrected this issue, but when it does occur, the 60.0% out-of-service rate means enforcement is swift.

Peterbilt (PTRB) and Kenworth (KW) dominate, each accounting for 5 citations across our database. Freightliner (FRHT) follows with 4 citations. Polar (POLA), Heil (HEIL), and other makes (OTHR) each have 3 citations. These percentages reflect the cargo tank fleet composition—tankers are predominantly built on these heavy-duty chassis. The 172.328A violation is specific to hazardous materials transport, so you'll only see it on vehicles equipped for fuel, chemical, or other regulated cargo.

172.328A is technically a shipper violation, but it affects both driver and carrier records in the CSA system. The inspection citation ties to the carrier's DOT profile and BASIC scores (Hazardous Materials Safety). The driver is not directly at fault—the shipper's failure to provide or affix the ID# is the root cause. However, drivers can mitigate exposure by refusing to haul cargo without proper ID# documentation before accepting the load. Carriers should establish pre-load verification procedures with shippers to catch this before the truck rolls, reducing their CSA risk.