Direct answers about 172.406(d) hazmat violations. Will it put you out of service? What happens next? Data from 13M+ roadside inspections.
Ranks #2,664 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.0% is below the FMCSR-wide average of 33.3%.
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Direct answers grounded in TruckCodex inspection data
No. Across our inspection records, 172.406(d) has never resulted in an out-of-service order—the OOS rate is 0.0%. All 2 citations on record were issued as non-OOS violations. This is significantly lower than the 31.4% all-FMCSR average OOS rate, placing this code among the least severe enforcement actions in the hazmat category.
172.406(d) is among the least serious hazmat violations we see. It ranks #2651 out of 3,036 FMCSR codes by citation frequency. Compare its 0.0% OOS rate to peer codes: placarding violations (177.817(a)) carry a 75.1% OOS rate, and general loading violations (177.834A-HMC) hit 99.2%. Our data shows 172.406(d) attracts far fewer citations and almost never triggers roadside removal.
Yes. The FMCSA DataQs system allows drivers and carriers to challenge roadside inspection findings. You have 90 days from the citation date to submit a Request for Data Review (RDR). You'll need supporting evidence: photos of corrected items, maintenance records, training certificates, or documentation showing the violation was inaccurate. Decisions depend on whether the inspector documented equipment or behavioral findings; equipment-based citations are easier to contest with physical proof.
No. Our records show 2 all-time citations for 172.406(d), with 0 citations in the last 12 months and 0 in the last 90 days. This code is enforced very rarely. It is not a trend violation, and the likelihood you'll encounter it at a roadside inspection is minimal compared to high-volume codes like placarding or loading violations.
Two carriers appear in our all-time citation records: United Parcel Service Inc (USDOT 21800) with 1 citation, and Verizon New Jersey Inc (USDOT 385749) with 1 citation. The extremely low frequency across the entire dataset suggests this violation is context-specific and not tied to any particular carrier type or business model.
172.406(d) is a hazardous materials violation and will appear on your roadside inspection report and CSA record. While we don't have the exact point weighting in our enforcement data, all FMCSA violations contribute to CSA BASIC scores in the Hazmat Compliance category. Because this code is cited so infrequently (2 all-time), a single citation is unlikely to significantly impact your overall CSA percentile compared to high-volume violations. Consult your carrier's compliance team for point details.
172.406(d) falls under the hazardous materials regulations and addresses specific marking, labeling, or placarding requirements for hazmat shipments. Rather than major cargo loading violations, it typically involves smaller issues with how hazard information is displayed or maintained on packages or vehicles. That's why our data shows it results in zero out-of-service orders—inspectors treat it as a correctable documentation or marking defect, not an immediate safety risk.
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Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).
Cross-border carrier registry and Canadian recall campaigns where applicable.
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