FMCSR 173.33(a) Cargo Tank Requirements: Citations & Enforcement

Yes—there is a very high probability. Across our 13 million inspection records, when 173.33(a) is cited, the vehicle is placed out of service 83.7% of the time. This is significantly more severe than the all-FMCSR average OOS rate of 31.4%. Of the 43 all-time citations for this code in our database, 36 resulted in an out-of-service order and only 7 did not. If you receive this citation, assume your truck will be taken off the road until the cargo tank issue is corrected.

173.33(a) is among the most severe hazmat violations tracked. While it ranks #1675 of 3,036 FMCSR codes by citation volume (43 all-time), its 83.7% OOS rate far exceeds similar cargo and placarding violations. For comparison, general hazmat loading violations (177.834A-HMC) have a 99.2% OOS rate, and placarding violations (177.817(a)) hit 97.9%—but 173.33(a) still sits well above the national average. This code targets fundamental cargo tank structural or operational defects, making it a critical safety stop.

Immediate steps:

1. Do not move the vehicle. With an 83.7% OOS rate, expect an out-of-service order.
2. Document the citation. Get a copy of the inspection report and the specific defect noted.
3. Contact your carrier or dispatcher. Report the citation and the cargo tank issue immediately.
4. Arrange repair. Locate a certified cargo tank repair facility—do not attempt DIY fixes on hazmat equipment.
5. Request re-inspection. Once repairs are complete, request a Level 1 inspection to confirm compliance and remove the out-of-service status.
6. Keep repair receipts. Maintain all documentation for your safety file and future audits.

The exact CSA point weight for 173.33(a) is not disclosed in our inspection records. However, the Federal Motor Carrier Safety Administration assigns points based on violation severity and category. Because cargo tank violations are classified as Hazardous Materials violations and this code has an 83.7% OOS rate, it will carry substantial weight in your Safety and Fitness Evaluation System (SFES) profile. Contact your carrier's safety department or the FMCSA directly for the precise point value—this is a serious infraction that will impact your CSA scores and your carrier's Safety Management scores.

Citations for 173.33(a) are extremely rare. Across our entire 13 million inspection database, only 43 citations have been issued all-time for this code. In the last 12 months, there have been 0 citations, and in the last 90 days, 0 as well. This suggests either very strict compliance among cargo tank operators or infrequent inspection focus on this particular requirement. When it does appear, it is almost always a serious structural or functional defect. The rarity of the citation underscores how critical compliance is—if you're cited, you're in a small group of operators with a major problem.

Across our 13 million inspection records, 173.33(a) citations concentrate among a small number of carriers. LUCIO VALENZUELA ZAMORA (USDOT 3862346) has 4 citations, the most on record. TRANSPORTES Y MAQUINARIA MORO SA DE CV, ANSELMO ALEJANDRO PEREZ RUVALCABA, ENRIQUE GALINDO HERNANDEZ, and RODOLFO ARTURO GARZA GARZA each have 2 citations. Several other carriers have 1 each. The pattern suggests cargo tank compliance varies significantly by operator—some maintain flawless records while others accumulate repeated defects. If you drive for a carrier with prior 173.33(a) citations, expect stricter internal inspections and maintenance protocols.

Yes, you can contest any roadside inspection citation through the DataQs Roadside Dispute Resolution system, but success depends on the nature of the finding. If the inspector made a factual error—for example, misidentifying the cargo tank model or misreading the condition—you have grounds to challenge it. If the violation is based on a physical defect (corrosion, leak, structural damage), contestation is harder unless you can prove the defect did not exist at the time of inspection or that the inspector's assessment was incorrect. Submit your challenge within the DataQs window with repair receipts, photos, or maintenance logs. Cargo tank violations are equipment-based, so documentation of proper maintenance or repairs completed before inspection is your strongest defense.

Across 43 all-time citations for 173.33(a), the vehicle data shows a concentration in specialty haulers. Vehicles labeled "OTHR" (other/unlisted makes) account for 12 citations. Kenworth (KW) units have 7 citations. Freightliner (FRHT) units have 6. Peterbilt (PTRB) units account for 2, and several others (INTE, ITNL, MACK, SPLZ) have 1 each. This distribution reflects the mix of cargo tank tractors in operation rather than a fault of any one manufacturer. The takeaway: regardless of your truck's make, if you haul hazmat in a cargo tank, regular tank inspections and maintenance are non-negotiable to avoid 173.33(a) citations.