FMCSR 172.407(d): Hazmat Compliance Q&A

Direct answers about 172.407(d) citations: OOS rates, next steps, and how this violation compares to similar hazmat infractions.

Severity Weight
N/A
OOS Eligible
No
BASIC Category
Hazardous Materials
Code System
FMCSR
Code:
172.407(d)
Code System:
FMCSR
BASIC Category:
Hazardous Materials
OOS Eligible:
No
Severity Weight:
N/A

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%.

Questions & Answers

Direct answers grounded in TruckCodex inspection data

Will 172.407(d) put my truck out of service?

No. Across our 13 million inspection records, this code has never resulted in an out-of-service order. The OOS rate for 172.407(d) is 0.0%—all 1 citation issued historically remained in-service. This is far below the 31.4% national average OOS rate across all FMCSR codes, making it a less severe enforcement action.

How common is 172.407(d) compared to other hazmat violations?

It's extremely rare. Our database shows only 1 citation for 172.407(d) all-time, ranking it #2796 of 3,036 FMCSR codes by citation volume. Related hazmat violations like 177.834A (general loading/unloading) have 3,954 citations with a 99.2% OOS rate—dramatically more frequent and severe. This code is one of the least-cited hazmat infractions in the roadside inspection system.

What do I do immediately after getting cited for 172.407(d)?

First, document the exact citation text and inspector ID from your citation packet. Review your hazmat shipping papers, packaging, and placarding against the specific subsection cited. Contact your company's compliance officer or dispatcher to confirm the load status and whether any corrective action is required before moving. Request a copy of the inspection report to understand what triggered the citation, then consult your hazmat training materials or company guidance before accepting similar shipments.

Is 172.407(d) serious compared to other hazmat rules?

No, it's among the least serious hazmat violations. The 0.0% OOS rate for 172.407(d) contrasts sharply with peer codes: 177.834A has a 99.2% OOS rate (3,954 citations), 177.817(a) has 75.1% OOS (2,274 citations), and 177.823(a) has 51.8% OOS (1,829 citations). Only codes like 172.602(c)(1) and 172.516(c)(6) match this low severity. Your citation is documentation-level, not equipment-level enforcement.

Can I challenge a 172.407(d) citation through DataQs?

Yes, you can file a DataQs Record Detail Review if you believe the citation was incorrect or the evidence doesn't support the finding. The DataQs process allows you to submit documentation, photos, or written rebuttal to FMCSA within 90 days of the violation date. Because 172.407(d) is enforcement-eligible (not out-of-service only), you have the right to contest it if you have evidence the violation didn't occur or was misclassified.

How many times has 172.407(d) been cited in the last 90 days?

Zero times. Our inspection records show no citations for 172.407(d) in the last 90 days, and none in the last 12 months either. The only citation in our entire 13 million-record database occurred earlier. This suggests the violation is either extremely rare in the field or drivers and carriers have successfully mitigated the underlying risk.

Which carrier was cited for 172.407(d)?

Benchmark Excavating Inc (USDOT 3490837) received the single 172.407(d) citation on record in our database. This was the only company cited for this specific code across all 13 million inspections. If you work for a different carrier, your citation would be independently evaluated; carrier history doesn't predetermine enforcement patterns for this code.

What vehicle types get cited for 172.407(d)?

Our records show two vehicle makes cited: an Eager Beav and a Western St, each with one citation. The extremely limited citation history means vehicle type is not a reliable indicator of 172.407(d) risk. Focus instead on your hazmat load configuration, packaging integrity, and documentation accuracy—those factors drive the actual compliance requirement.

Last updated: 2026-04-20T17:53:14.065Z Answers reference TruckCodex inspection data Read the full article → Fleet FAQ →

Data sources & freshness

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

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

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EIA

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

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