FMCSR 172.401(b) Citations: What Drivers Need to Know

No. Across our 13 million+ inspection records, the out-of-service rate for 172.401(b) is 0.0%—meaning every citation on this code resulted in a warning, not a vehicle shutdown. This is significantly lower than the 31.4% average OOS rate across all FMCSR codes. While hazmat violations can be serious, this particular regulation has never triggered an immediate roadside out-of-service order in our database.

Much less serious. Peer hazmat codes show dramatically higher enforcement: 177.834A-HMC and 177.834(a) each have nearly 4,000 citations with OOS rates above 97%, while 172.401(b) has only 1 citation all-time and a 0.0% OOS rate. Even within the same placarding family, 177.817(a) has 2,274 citations with a 75.1% OOS rate. The data indicates 172.401(b) is one of the mildest hazmat citations on the road.

1. Document everything: Note the time, location, inspector name, and exact vehicle/load condition at citation.
2. Review the violation: Ask the inspector for the written citation and understand which specific requirement was cited.
3. Do not move the vehicle under hazmat placard if any load defect was noted—wait for clarification.
4. Contact your dispatcher/safety manager immediately with the citation details.
5. Keep the citation: You'll need it for any DataQs challenge or carrier record.
6. Do not ignore it: Even at 0.0% OOS rate, the citation goes on your record and affects carrier CSA scores.

CSA points for this violation are assigned based on FMCSA's Safety Event severity weight. The citation itself is recorded against both you (driver BASIC) and your carrier (carrier BASIC). Because 172.401(b) is rarely cited—only 1 time in our database—its typical impact is modest compared to high-volume codes. However, it does count toward your safety profile and may trigger closer scrutiny on future inspections. Check with your carrier or CSA for your specific point total; CSA calculations are maintained by FMCSA, not based on citation frequency.

Yes. FMCSA's DataQs (Safety Management System) allows you and your carrier to contest roadside inspection findings. You have 90 days from the inspection date to submit a challenge. Provide documentary evidence (photos, invoices, maintenance records, or expert testimony) proving the violation did not occur or was factually incorrect. Because this code involves hazmat documentation or marking requirements, you'll need clear proof of compliance at the time of inspection. Your carrier's safety manager can also file on your behalf.

Our records show only 1 citation for 172.401(b) all-time in the database. We do not have state-level distribution data for this code because the citation volume is too low to produce a reliable geographic breakdown. If you've been cited, request the inspection report to confirm the exact regulation number. For comparison, related hazmat codes like 177.834(a) and 177.817(a) are issued thousands of times across multiple states; 172.401(b) is exceptionally rare.

Very rarely. Our 13 million+ inspection records contain just 1 citation for 172.401(b) all-time, with 0 citations in the last 12 months and 0 in the last 90 days. This ranks #2796 out of 3,036 FMCSR codes by citation volume—placing it in the bottom 10% nationally. In contrast, peer hazmat codes like 177.834A-HMC and 177.834(a) average hundreds or thousands of citations per year. If you've received this citation, it is statistically uncommon.

KEELER RIDGEFIELD B LLC (USDOT 3999575) received the single recorded citation for 172.401(b) in our database. This does not indicate a pattern or systematic problem at the carrier—it is a single data point. Most carriers in the nation have zero citations for this code. A single citation at a carrier does not predict future violations or imply poor hazmat compliance.