What happens after a 172.406D citation? Check OOS rates, state enforcement patterns, and immediate next steps from 13M+ inspection records.
Ranks #2,567 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.0% is below the FMCSR-wide average of 33.3%.
Direct answers grounded in TruckCodex inspection data
No. Across all 3 citations for 172.406D in our database, zero resulted in an out-of-service order—that's a 0.0% OOS rate. None of the three vehicles cited were placed out of service. Compare this to the 31.4% average OOS rate across all FMCSR codes: 172.406D is significantly less likely to trigger an immediate roadside out-of-service placement. Your truck will likely remain in service, though you should still address the violation promptly.
172.406D is among the least-enforced hazmat violations on record. At just 3 all-time citations and ranked #2551 of 3,036 FMCSR codes, it is far rarer than peer violations in the same category. For context, general loading/unloading hazmat violations (177.834A-HMC) have 3,954 citations with a 99.2% OOS rate—nearly 1,300 times more frequent and almost always resulting in an out-of-service order. Placard violations (177.817a) show 2,274 citations at a 75.1% OOS rate. 172.406D's 0.0% OOS rate places it in the lowest-enforcement tier.
Over the last 180 days, Texas leads with 2 citations for 172.406D, representing all recorded citations in that period. This is a very low national volume—just 1 citation was recorded in the last 90 days across the entire country. If you were cited in Texas, you're among the handful of drivers affected by this violation in recent months. Most states have zero recorded citations for this code in our inspection database.
Yes, you can challenge any FMCSR citation through FMCSA's Roadside Data Review (DataQs) system within 90 days of the citation. DataQs is most effective when contesting factual or procedural errors—for example, if the inspector failed to follow proper inspection protocol, misidentified equipment, or documented information incorrectly. You'll need your citation number, roadside inspection report, and supporting evidence (photos, maintenance records, training certificates, etc.). Submit through the FMCSA's Safety Management System portal or work with your carrier's compliance team.
No clear escalation. Our data shows 1 citation in January 2026, 1 in February 2026, and just 1 in the last 90 days. Across the full 12-month window, only 2 citations were issued for this code nationally. The trend is essentially flat at very low volume. This suggests 172.406D is either narrowly scoped, rarely encountered in the field, or highly compliant among carriers. If you're trying to build a prevention program, focus your hazmat training on higher-frequency peer violations like general loading/unloading violations.
All-time, three carriers appear once each in our inspection records: Best Express Enterprises LLC (USDOT 732947), Jimmy Martin (USDOT 1599721), and Maria Del Carmen Rodriguez Contreras (USDOT 4082347). No single carrier dominates citations for this code. This suggests 172.406D is not a systemic issue for any major fleet—it's isolated and infrequent across the industry. If you drive for a large fleet, you are very unlikely to encounter this violation.
Because 172.406D is not OOS-eligible and has a 0.0% out-of-service rate, there is no automatic roadside deadline. However, hazmat violations are safety-critical: FMCSA expects you to address documented violations promptly—typically within 30 days for most non-OOS citations. Failure to correct the underlying condition could result in a follow-up citation or escalation by inspectors. Consult your carrier's compliance officer and the specific regulatory requirement cited to set a realistic remediation timeline. Do not delay.
Where 172.406D is most commonly cited (last 180 days)
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.
Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).
Cross-border carrier registry and Canadian recall campaigns where applicable.
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.