FMCSR 172.328D: Emergency Shutoff Device Marking — Q&A

No. Across our 13 million inspection records, 172.328D has never resulted in an out-of-service order. All 848 citations on file show a 0.0% OOS rate. This is significantly lower than the 31.4% average OOS rate across all FMCSR codes, and much more lenient than other hazmat violations like general loading/unloading issues (99.2% OOS rate) or placarding violations (75.1% OOS rate). You can continue operating, but you must address the marking deficiency promptly.

First, inspect your vehicle's manual remote shutoff device to confirm the issue. Mark it clearly with an "Emergency Shutoff" label or placard per FMCSR standards. Second, document the repair with photos and retain the citation paperwork. Third, review co-occurring violations commonly found in the same inspection: brake tubing defects, inoperable lamps, and coupling device issues appear in 12, 11, and 9 shared inspections respectively over the past 90 days. Perform a full pre-trip walkaround to catch any additional compliance gaps before your next route.

172.328D is a low-severity citation in the hazmat category. It ranks #760 out of 3,036 total FMCSR codes by citation volume. Compare this to peer codes: loading/unloading violations hit 99.2% OOS rates, while placarding violations reach 75.1%. By contrast, 172.328D sits at 0.0% OOS—tied with emergency response information maintenance violations. The citation is about documentation and marking, not operational safety; enforcement reflects this distinction.

Citation frequency is steady with seasonal upticks. Our inspection data shows 70 citations in the last 90 days and 396 in the last 12 months. Monthly volume has ranged from 16 to 53 citations, with January 2026 hitting a peak of 53. This consistency suggests sustained inspection focus on hazmat marking requirements, particularly in specialized transport sectors. If you haul hazmat regularly, expect continued enforcement scrutiny.

Texas dominates, with 191 citations over the last 180 days, accounting for the vast majority of enforcement activity. Iowa has recorded only 1 citation in the same period. This geographic concentration aligns with Texas's high volume of hazmat transport corridors and cross-border routes. If you operate in Texas and carry hazmat loads, prioritize marking compliance as part of your pre-trip routine.

Yes, you can submit a DataQs challenge through FMCSA's record dispute portal. Since 172.328D is a marking requirement, contestation hinges on whether the device was actually marked at the time of inspection or if the citation was issued in error. Gather evidence: dated photos of the shutoff device with proper labeling, maintenance records, or dash camera footage from the inspection date. File within 90 days of the citation through your carrier's Safety Management System.

Luca Autotransportes SA de CV leads with 23 citations across our database, followed by Papali Logistics LLC (18) and Transportes Nari SA de CV (16). Vehicle-wise, 'Other' makes (225 citations), Kenworth (205), and Freightliner (202) are most frequently cited—typical hazmat haulers. If your carrier or vehicle type appears here, implement a standardized pre-trip marking checklist for all hazmat runs.

In the last 90 days, brake tubing defects and driver fatigue violations co-occurred in 12 inspections each with 172.328D. Inoperable lamps (11 inspections), coupling device issues (9), and fuel system leaks (8) also appear frequently. This pattern suggests that inspectors finding marking violations often conduct deeper vehicle examinations. Treat a 172.328D citation as a signal to perform comprehensive equipment checks—do not assume it's an isolated marking issue.