Direct answers about 172.404(a) hazmat violations, OOS risk, CSA points, and what to do after a citation.
Ranks #2,811 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.0% is below the FMCSR-wide average of 33.3%.
Mixed package not properly labeled
Direct answers grounded in TruckCodex inspection data
No. Across our 13 million inspection records, 172.404(a) has never resulted in an out-of-service order—the OOS rate is 0.0%. This code is not OOS-eligible under FMCSA rules. However, context matters: if your citation involves hazmat loading or placarding issues, related codes like 177.834(a) carry a 97.9% OOS rate, so address the underlying compliance issue immediately to avoid escalation.
172.404(a) is significantly less serious than most hazmat codes. The all-FMCSR average OOS rate is 31.4%, but this code sits at 0.0%. For perspective: 177.834(a) (general hazmat loading) has a 97.9% OOS rate and 3,839 citations in our database, while 172.404(a) has only 1 citation all-time. It's a low-frequency, low-consequence violation, but still reflects a compliance gap worth fixing.
First, understand exactly what aspect of the regulation you violated—172.404(a) covers specific hazmat packaging or labeling requirements. Document the violation details from the inspection report. Review your hazmat training certification and any company procedures around this shipment type. Contact your fleet safety manager or compliance officer to determine if this was a one-off error or a systemic training gap. Finally, keep records of any corrective action for your file.
Yes. DataQs (the FMCSA's online challenge system) allows you to contest roadside inspection findings. For documentation-based violations like 172.404(a), you can challenge if the inspector misread a label, package marking, or compliance document. Submit evidence (photos, shipping papers, certification records) showing you were compliant. Contested findings are removed from your CSA score if sustained. Contact your safety manager or a compliance consultant for help filing.
No. Our inspection data shows zero citations in the last 12 months and zero in the last 90 days, despite 1 citation all-time in our database. This code is extremely rare in enforcement. That's both good news (low regulatory focus) and a caution: if you're cited, it suggests a serious or unusual compliance failure. Do not assume it's routine.
TITAN TRANSFER INC (USDOT 845505) accounts for the only 172.404(a) citation in our database. With just 1 citation across 13 million records, this violation is not concentrated—it's an outlier event. Most carriers and drivers never encounter it, which underscores how uncommon this specific charge is in roadside enforcement.
Both. Under FMCSA's Safety Management Guidelines, hazmat violations appear in two CSA BASIC categories: Hazardous Materials Compliance (carrier and driver) and Vehicle Maintenance (carrier only). The citation will affect your personal safety record and your carrier's records. Ensure your fleet manager logs it correctly in your personnel file and in their hazmat training and compliance tracking system.
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