FMCSR 172.400a(a)(1) — Hazmat Labeling Citations

No. Across our 13 million inspection records, this violation has never resulted in an out-of-service order—the OOS rate is 0.0%. The citation is issued but the truck stays in operation. That said, the national average OOS rate across all FMCSR codes is 31.4%, so this code is significantly less severe on enforcement than most violations in this category.

This violation carries a CSA severity weight of 5 points. The actual impact on your Safety Measurement System (SMS) score depends on when the citation was issued within the 12-month rolling period—violations cited within 30 days count more heavily. Track your current SMS score on FMCSA's portal to see the real-time effect, but the baseline weight is 5 points per citation.

Immediate steps: (1) Verify the specific package or shipment cited and confirm the labeling defect. (2) Check your hazmat training documentation—ensure your certification is current. (3) Review the citation notice for the exact discrepancy (missing label, wrong hazard class, illegible marking). (4) Contact your carrier's safety manager or hazmat compliance team if you operate for a fleet. (5) Correct the labeling on any similar shipments in your vehicle before continuing. (6) Consider filing a DataQs appeal if you believe the citation is factually incorrect.

It's one of the least-enforced hazmat violations. Our inspection data shows only 6 all-time citations for code 172.400a(a)(1)—ranking it #2357 out of 3,036 FMCSR codes. Peer violations in the same hazmat category are far more common: placarding violations (177.817) have 2,274 citations with 75.1% OOS rate, and general loading/unloading violations (177.834A) have 3,954 citations with 99.2% OOS rate. Your citation is isolated and less serious than typical hazmat enforcement.

Yes, all roadside inspection citations can be challenged through the DataQs (Inspection Roadside Determination Quality System) appeal process. Your grounds depend on whether the violation was a documentation issue (labeling missing/unreadable) or an actual equipment defect. Gather supporting evidence—photos of the corrected labeling, your hazmat training card, shipping documents, and the original citation notice. Submit your appeal within the specified window on the FMCSA DataQs portal. Success rates vary, but documentation-based violations are often more defensible than mechanical failures.

This is a rare citation. Our database shows zero citations in the last 12 months and zero in the last 90 days. All-time, we have recorded only 6 citations for improper hazmat package labeling under this code across 13 million inspections. This suggests either strong overall compliance or selective enforcement focus on more critical hazmat violations like placarding and loading procedures.

Citations are scattered across small carriers. Our all-time data shows one citation each to Georgia Power Company, Sidney Lee Welding Supply Inc, Roberts Trading Company, American Flow Services, Quality Plus Services Inc, and Oakmont LLC. No single carrier dominates. Most vehicles cited were Freightliners (2 citations), with one each for Ford, GMC, International, and Kenworth. The pattern indicates this is an isolated, sporadic violation rather than a systemic compliance gap at any major carrier.

Low urgency, but address it as part of routine compliance. Since the OOS rate is 0.0% and we've seen zero citations in the past 90 days, this violation is not actively enforced at roadside. However, hazmat labeling is a federal requirement under FMCSA regulations. Ensure all hazardous materials are labeled with the correct hazard class label before transporting them. Include a hazmat labeling checklist in your pre-trip inspection, especially if you regularly haul regulated commodities.