Direct answers about 172.407(b) hazmat violations, OOS risk, and what to do after a citation based on 13M+ roadside inspection records.
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%.
Direct answers grounded in TruckCodex inspection data
No. Across our inspection database, 172.407(b) citations result in an out-of-service rate of 0.0%—meaning every single cited instance in our records remained in-service. This is significantly lower than the national average OOS rate of 31.4% across all FMCSR codes. While this violation is not OOS-eligible under the regulations, inspectors still have discretion to place a vehicle out of service for safety reasons, so compliance is still important.
172.407(b) is among the least-enforced hazmat violations. Our records show only 1 all-time citation, ranking it #2796 out of 3,036 FMCSR codes. Compare that to similar hazmat violations: General loading/unloading hazmat (177.834A-HMC) has 3,954 citations with a 99.2% OOS rate, and placarding violations (177.817(a)) have 2,274 citations with a 75.1% OOS rate. The rarity of 172.407(b) enforcement suggests it targets a narrow, specific compliance gap rather than a widespread industry problem.
First: document the citation details—date, inspection location, inspector badge number, and the exact violation language. Second: obtain the full inspection report from your carrier and review the specific deficiency noted. Third: consult your company's compliance team or a DOT specialist to understand what documentation or correction was required. Fourth: if you believe the citation was in error, gather evidence and contact your carrier's DataQs administrator to file a record dispute within the 90-day DataQs window. Do not delay—the appeal window closes quickly.
Yes. DataQs (the FMCSA's online dispute resolution system) allows you and your carrier to challenge roadside inspection records within 90 days. Whether your contest succeeds depends on the nature of the finding: documentation-based violations (missing paperwork, records) are easier to overturn with proof of compliance; physical condition findings are harder to dispute after the fact. File your dispute through your carrier's DataQs portal with supporting evidence. If denied, you can request escalation, but the bar is high.
The citation stays in the FMCSA's database and will appear in your carrier's safety profile (SAFER system) indefinitely, but its impact on CSA scores and your employability fades over time. CSA points typically count toward safety BASICs for 3 years, with more recent violations weighted more heavily. After 3 years, this citation stops accumulating active points, though it remains in your history. Your carrier may view the citation longer—ask HR about their internal retention policy.
Our inspection records show only 1 citation for 172.407(b) all-time, cited against a single carrier: TRANSPORTES JOMIJE SA DE CV (USDOT 1435260). This extremely low volume means there is no meaningful state or regional pattern. The vehicle involved was a Ford. The rarity of this violation suggests it is either well-understood across the industry, narrowly applicable, or not commonly inspected for—making it impossible to identify enforcement hotspots from available data.
No. Our records show zero citations for 172.407(b) in the last 90 days and zero in the last 12 months. The only citation on record is from an earlier period. This suggests enforcement of this particular rule is not a current focus or has already subsided. For comparison, similar hazmat violations like general loading/unloading violations (177.834A-HMC) remain heavily cited with 3,954 all-time citations. If you are concerned about 172.407(b) compliance, focus on proactive audits rather than reactive crisis management.
FMCSA citations are assigned to both the driver and the carrier in the CSA system. Your violation will appear in your personal safety record and your carrier's corporate profile. Both you and your employer face potential consequences: your record affects future employment opportunities and safety bonuses; your carrier's record affects their insurance rates, customer contracts, and regulatory scrutiny. Work with your carrier's compliance team to understand how they track and remediate violations—most carriers require drivers to participate in corrective training.
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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.
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