Answers to driver questions about 173.31(d) citations: OOS risk, next steps, severity, and where this violation is most commonly cited.
Ranks #2,502 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 13 million inspection records, this code has never resulted in an out-of-service order. All 4 citations on record were issued without placing the vehicle out of service, giving you a 0.0% OOS rate. This is significantly better than the 31.4% national average OOS rate across all FMCSR codes, so you'll be able to continue operating while you address the violation.
Document the citation details immediately: date, location, inspector name, and specific findings. Review the inspection report for any co-occurring violations—our records show this code frequently appears alongside equipment issues like inoperable lamps (393.9), brake relay valves (393.43A), and lighting defects (393.11TU). If any of those were cited, prioritize those repairs first. Contact your carrier's compliance team and request a copy of the full inspection report within 24 hours.
It's relatively minor. While hazmat loading violations like 177.834A carry a 99.2% OOS rate and 177.817(a) placarding violations reach 75.1% OOS, your 173.31(d) citation has never triggered an out-of-service order. Among peer hazmat codes, only a few others—like 172.516(c)(6) and 172.602(c)(1)—match this low enforcement severity. The low citation volume (4 all-time) also indicates this is an uncommon finding.
In the last 180 days, all citations have been issued in Texas—specifically 4 citations with a 0.0% OOS rate. This is the only state in our top enforcement list for this code, suggesting regional inspection focus or carrier concentration in that area. If you operate in Texas, be aware this violation is on local inspectors' radar.
Very rarely. In our database of 13 million roadside inspections, this code ranks #2480 of 3,036 FMCSR codes by citation frequency. Only 4 citations exist in our all-time records, with just 1 in the last 90 days. This low volume means most drivers and carriers never encounter it, making it one of the least-cited hazmat-related violations we track.
Yes. The FMCSA DataQS (DataQuality System) allows you to contest roadside inspection findings if you believe the citation is inaccurate or unsupported. Gather documentation—photos, maintenance records, proof of compliance—and file a challenge through the FMCSA portal within the challenge window. Success depends on the specific finding; objective equipment measurements are easier to contest than inspector observations. Consult your carrier's compliance department for guidance on your inspection report.
Our records show three carriers cited all-time: JUAN CARLOS ALVARADO LOPEZ (USDOT 3393620) with 2 citations, JOSE ORLANDO CARDENAS ALCOCER (USDOT 4114172) with 1, and MANTENIMIENTO LIMOSA SA DE CV (USDOT 4182303) with 1. If you work for one of these carriers, confirm your company's compliance procedures and ask whether 173.31(d) is part of their pre-trip or periodic audit checklist.
It's not urgent from an out-of-service perspective—zero OOS placements mean you can continue operating. However, don't ignore it. The citation still generates a mark in your safety record and may appear in CSA scores or carrier audits. Address it within 30 days to demonstrate proactive compliance and avoid compounding violations. If co-occurring equipment issues like brake or lighting defects were cited, repair those immediately regardless of OOS status.
Where 173.31(d) 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.