172.401B-HML Citation: What It Means & What Happens Next

You displayed a marking that could be confused with a hazmat label. Our data shows 0% out-of-service rate for this violation—here's what you need to know.

Severity Weight
5
OOS Eligible
No
BASIC Category
Hazardous Materials
Code System
FMCSR
Code:
172.401B-HML
Code System:
FMCSR
BASIC Category:
Hazardous Materials
OOS Eligible:
No
Severity Weight:
5
Violation Group:
Markings - HM

Ranks #2,136 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.0% is below the FMCSR-wide average of 33.3%.

Violation Description

HM (Labeling) - Displaying a marking that could be confused with a HM label.

In-Depth Explainer

Grounded in TruckCodex roadside-inspection data

What 172.401B-HML means in plain language

This citation means an inspector found a marking, sticker, decal, or sign on your vehicle that could be mistaken for an official hazardous materials (HM) label. Hazmat labels are tightly defined in federal regulation—they're diamond-shaped, specific colors, and contain precise symbols. If your truck displays something that resembles one of those official labels but isn't, or if it's positioned in a way that creates confusion, you've violated this rule.

The intent is safety: emergency responders and other drivers need to instantly recognize whether you're actually carrying hazardous materials. A confusing marking can trigger unnecessary alarms or, worse, cause someone to handle your cargo incorrectly because they misread your truck.

What our enforcement data actually shows

Across 13 million inspections in our database, 172.401B-HML has been cited 13 times all-time, with 7 citations in the last 12 months and 1 in the last 90 days. This code ranks #2110 out of 3,036 FMCSR codes by citation volume—it's uncommon.

Here's the enforcement outcome that matters: none of those 13 all-time citations resulted in an out-of-service (OOS) violation. The OOS rate is 0.0%. By contrast, the all-FMCSR average OOS rate is 31.4%, meaning this violation is far less likely to sideline your vehicle than most other federal motor carrier violations. You'll likely receive a warning or minor citation, not a roadside shutdown.

Enforcement has been sparse and sporadic. In the last 12 months, we logged 7 citations; the previous year saw similar low volumes. Monthly data shows enforcement scattered across 2025 and early 2026, with no clear spike or seasonal pattern.

Who gets cited most

Our inspection records show citations for 172.401B-HML concentrated in three states over the last 180 days: Montana (1 citation, 0.0% OOS rate), New Jersey (1 citation, 0.0% OOS rate), and New York (1 citation, 0.0% OOS rate). All three states show the same outcome—no out-of-service placements.

Top carriers in our all-time data include Greenwood Motor Lines Inc, Friedland Industries Inc, and Southern Glazer's Wine and Spirits LLC, each with 1 citation. Our data shows fleets such as these with 1 citation each, and no pattern suggesting systemic non-compliance.

How severe is this compared to similar codes

This labeling violation sits in the hazardous materials category alongside much more serious placarding and loading offenses. For perspective:

  • 177.834A-HMC (General loading/unloading hazmat) has 3,954 citations with a 99.2% OOS rate—nearly every violation results in a roadside shutdown.
  • 177.817(a) (Placarding violation) has 2,274 citations with a 75.1% OOS rate.
  • 172.516(c)(6) (Placard damaged, deteriorated, or obscured) has 1,796 citations with a 1.6% OOS rate.
  • 172.602(c)(1) (Maintenance/accessibility of Emergency Response information) has 1,464 citations with a 0.0% OOS rate, matching your violation's severity tier.

172.401B-HML is among the least enforceable hazmat violations. You're not accused of mishandling cargo or failing to display required placards—you're cited for a marking that caused confusion. That distinction is reflected in the zero OOS rate.

How to avoid it

Before you roll:

  • Audit your truck for decals and stickers. Walk around your vehicle (cab, trailer, doors, side panels) and identify anything that's diamond-shaped, colored like an official hazmat label (white with colored borders, or orange), or bears a symbol resembling hazmat warnings. Remove or cover them.
  • Check company branding. If your fleet logo, fleet name decal, or shipper-applied stickers resemble official HM labels, notify your safety manager. Decals that are clearly non-regulatory (corporate logos, phone numbers, company colors) are fine, but anything ambiguous should go.
  • Know the official label layout. Hazmat labels are always 4-inch diamonds with a top-half color (red, blue, yellow, white, black, or green) and a bottom-half symbol. If you see anything on your truck that mimics this, it's a problem.
  • Inspect for worn or partially obscured markings. Old decals or paint can fade in ways that make them look more like warning labels. If something is faded, torn, or partially visible, consider removing it entirely.
  • Coordinate with your dispatcher and loading teams. Some hazmat violations co-occur with ELD or CDL restriction issues in our data, indicating hurried compliance checks. Slow down, review your placarding and markings before departure, and ask your shipper not to add stickers or tape that could be misread.

The low enforcement volume for this code means inspectors aren't hunting for it, but when they spot a confusing marking, they cite it. A quick walk-around takes five minutes and eliminates the risk.

Last updated: 2026-04-20T16:40:49.910Z Based on TruckCodex inspection data See 172.401B-HML Q&A → Fleet FAQ →

Top Enforcing States

Where 172.401B-HML is most commonly cited (last 180 days)

1. Montana
1
OOS 0.0%

Data sources & freshness

TruckCodex aggregates official public-sector datasets. See the Source registry for dataset-level coverage and the Freshness log for last-import timestamps.

Census, SAFER, SMS, Licensing & Insurance (L&I), roadside inspections, crashes, and authority history.

Refreshed daily.

Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).

Refreshed daily.
EIA

Retail diesel and gasoline price history and state fuel-tax tables.

Refreshed weekly.

Cross-border carrier registry and Canadian recall campaigns where applicable.

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TruckCodex is an independent aggregator; it is not affiliated with FMCSA, NHTSA, EIA, or Transport Canada. Always verify compliance-critical information directly with the originating agency.