FMCSR 173.1(b) Citation: What Happens Next

Direct answers about 173.1(b) hazmat violations—OOS risk, next steps, and how this violation compares to similar citations.

Severity Weight
N/A
OOS Eligible
No
BASIC Category
Hazardous Materials
Code System
FMCSR
Code:
173.1(b)
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 a 173.1(b) citation put my truck out of service?

No. Across our 13 million+ inspection records, 173.1(b) has never resulted in an out-of-service placement—the OOS rate is 0.0%. This code is not OOS-eligible under FMCSR enforcement rules. Compare this to the national average OOS rate of 31.4% across all codes: 173.1(b) is significantly less severe from an immediate roadside standpoint. You will not be detained at the scale station for this violation alone.

What is 173.1(b) exactly and why did I get cited?

173.1(b) is a hazardous materials regulation that governs specific packaging and handling requirements. The exact requirements depend on the commodity and packaging type in your load. Our inspection records show only 1 citation for this code in all-time data, making it exceptionally rare. Because it is so infrequently cited, the violation you received likely involved a very specific noncompliance. Review the detailed citation paperwork and cross-reference it with the DOT hazmat regulations for your specific commodity.

What should I do right now after getting a 173.1(b) citation?

Immediate steps:

  1. Do not move the vehicle until you fully understand the violation.
  2. Photograph the cargo, packaging, and placards as they were at time of citation.
  3. Document the shipper name, commodity description, and shipping papers.
  4. Contact your carrier's hazmat compliance officer or safety manager before leaving the scale.
  5. Request a copy of the inspection report if you don't have one.
  6. Do not attempt to "fix" the load without guidance—hazmat repackaging has strict rules.

Since this code is never OOS-eligible, you may be able to proceed once the officer releases you, but do not assume compliance without confirmation.

Is 173.1(b) more serious than other hazmat violations?

No. Our database shows 173.1(b) ranks #2796 out of 3,036 FMCSR codes by citation volume—it is one of the rarest violations on record. Compare this to related hazmat codes: 177.834A (general loading/unloading) has 3,954 citations with a 99.2% OOS rate, and 177.817(a) (placarding) has 2,274 citations with a 75.1% OOS rate. 173.1(b)'s 0.0% OOS rate and single citation in our dataset indicate it is treated as a very specific, low-frequency offense.

Can I dispute a 173.1(b) citation through DataQs?

Yes, you can file a DataQs (Safety Management System Inquiry) challenge if you believe the citation is factually inaccurate or improperly documented. DataQs allows you to contest roadside inspection findings that you believe are incorrect. For a packaging or marking violation like 173.1(b), focus your challenge on: whether the inspector correctly identified the hazard class, whether the shipper's papers were actually incorrect, or whether photographic evidence contradicts the citation. Allow 30 days for FMCSA to respond. Consult your carrier's compliance team before filing.

Where do 173.1(b) citations happen most often?

173.1(b) citations are so rare that identifying a geographic pattern is not meaningful in our data. All-time, we have recorded only 1 citation for this code across all 50 states. The single citation on record involved Ontario Inc (USDOT 2033362) and was cited on a Kenworth or MAX trailer. Without multiple citations across different states, we cannot reliably rank top regions. If you were cited, you likely encountered an inspector who identified a very specific packaging defect in your hazmat load.

How urgent is it to fix the issue from a 173.1(b) citation?

Lower urgency than many hazmat violations, but do not ignore it. Our records show zero citations in the last 90 days and zero in the last 12 months—this is not a common enforcement priority. However, because 173.1(b) involves hazardous materials packaging, compliance is mandatory before any future shipment of the same commodity in the same configuration. Consult the shipper and your hazmat training materials. Since the violation is not OOS-eligible, there is no immediate roadside consequence, but remediation should happen before your next similar load.

Does a 173.1(b) citation follow me or my carrier?

Hazmat violations like 173.1(b) are safety events that impact both you and your carrier under the FMCSA's Compliance, Safety, Accountability (CSA) program. The violation will be recorded in your Motor Carrier Management Information System (MCMIS) record and may affect your carrier's safety profile and insurance premiums. If you are an independent owner-operator, the citation stays on your record. Discuss the citation with your carrier's safety team to ensure both parties understand the remediation steps and prevent recurrence.

Last updated: 2026-04-20T17:54:28.545Z Answers reference TruckCodex inspection data Read the full article → Fleet FAQ →

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