FMCSR 173.3 Citation: What Drivers Need to Know

No. Across our inspection records, 173.3 citations have resulted in zero out-of-service placements out of 9 all-time citations—a 0.0% OOS rate. This code is not eligible for out-of-service action under FMCSA rules. However, understand that the national average OOS rate across all FMCSR codes is 31.4%, so you're looking at a violation with significantly lower enforcement severity than most other infractions.

173.3 is relatively minor within its category. Our database shows peer hazmat codes like 177.834A (general loading violations) carry a 99.2% OOS rate and 177.817(a) (placarding) carries 75.1%. In contrast, 173.3 has never resulted in an out-of-service citation. Codes like 172.516(c)(6) and 172.602(c)(1) similarly show low OOS rates around 1.6% and 0.0%, indicating that documentation and minor compliance issues are treated less severely than active hazmat handling violations.

First, request a copy of the inspection report and citation details from the roadside inspector or your carrier. Review the specific violation reason—173.3 is a hazardous materials regulation, so the citation likely concerns documentation, packaging, labeling, or transport procedures. Second, contact your carrier's safety or compliance department immediately; they may need to file a DataQs challenge if the finding is factually incorrect or based on incomplete documentation. Third, if equipment or procedure changes are required, implement them before your next inspection.

Yes. FMCSA's DataQs (Driver Records and Evaluation Profile) system allows you to challenge roadside inspection findings. You have the right to dispute any citation you believe is inaccurate or unfairly applied. Submit your challenge through your FMCSA account with supporting documentation—photos, maintenance records, or procedural evidence depending on the violation type. Your carrier can also file on your behalf. Decisions typically take 30–90 days, and if upheld, the citation remains on your record; if overturned, it is removed.

No. Our inspection records show zero citations for 173.3 in the last 12 months and zero in the last 90 days, despite 9 all-time citations in our database. This indicates the violation is extremely rare in current roadside enforcement. You're statistically very unlikely to encounter this citation, and enforcement appears to have tapered off significantly.

Across our 13 million inspection records, 173.3 citations are spread across nine different carriers with just one citation each: J B HUNT TRANSPORT INC, BLOSSMAN GAS INC, KLLM EXPEDITED SERVICES LLC, NOBILITY EXPRESS LLC, BAROCK INC, EUGENE VOTAVA, AMERICARGO TRANS LLC, ALL IN ONE LAWN & LANDSCAPE SERVICES, and BMPR TRANSPORT LTD. No single carrier shows a pattern, reflecting the overall rarity of this violation.

FMCSR 173.3 falls under hazardous materials regulations and addresses compliance with packaging, labeling, and documentation requirements for hazmat transport. The violation typically stems from improper hazmat classification, missing or incorrect placarding, inadequate shipping papers, or non-compliant packaging. While we cannot cite the exact regulatory definition, the pattern in our data—zero OOS placements despite nine citations—suggests inspectors flag documentation gaps and procedural issues rather than active safety hazards that would warrant an immediate out-of-service order.

FMCSA violations appear on your driving record as part of your Compliance, Safety, Accountability (CSA) profile. While the citation is issued to you as the driver, your carrier's CSA scores in the Hazardous Materials Safety BASIC are also affected. If you move to a new carrier, the violation stays on your history for FMCSA record-keeping, though its weight in CSA calculations may be adjusted based on how long ago it occurred. Your carrier's safety manager will see it in your employment file and may require remedial training or monitoring.