FMCSR 173.33(b) Citations: What Happens Next

No—it won't automatically. Across our inspection database, 173.33(b) citations result in an out-of-service placement 25.0% of the time. That's lower than the all-FMCSR average of 31.4%, which means inspectors are not routinely taking trucks off the road for this violation. However, the remaining 75% of cases don't receive OOS orders, so the severity depends on the specific cargo tank defect and the inspector's judgment.

173.33(b) is significantly less serious than related hazmat loading violations. Our data shows general loading/unloading hazmat violations (177.834A-HMC and 177.834(a)) have OOS rates of 99.2% and 97.9% respectively—vastly higher. Placarding violations run 75.1% OOS. By contrast, 173.33(b)'s 25.0% OOS rate puts it in the lower-severity tier of hazmat enforcement, though still subject to citation.

First: review the exact defect noted by the inspector—cargo tank loading requirements span multiple issues. Second: document the current state with photos. Third: consult your carrier's safety manager or a DOT compliance specialist about whether the issue requires immediate repair or can be addressed within a reasonable compliance window. Fourth: preserve all inspection paperwork. Since only 1 out of 4 citations in our database resulted in OOS placement, you likely have time to remediate rather than park the truck.

This violation is extremely rare. Our 13 million+ inspection records show only 4 all-time citations for 173.33(b)—ranking it #2480 out of 3,036 FMCSR codes. More tellingly, there have been 0 citations in the last 12 months and 0 in the last 90 days. This is not an active enforcement focus, suggesting either excellent industry compliance or very limited inspection attention to this specific cargo tank loading requirement.

Yes, you can challenge any citation through the DataQs system. The FMCSA's Road Data Review (DataQs) process allows you to contest factual errors in inspection records. If the citation documents an incorrect finding—for example, if the inspector misidentified a tank component or the defect didn't actually exist—you have grounds to dispute it. Work with your carrier or a compliance professional to gather evidence and submit a DataQs challenge within the allowed timeframe.

Our records show Kuhnle Brothers Inc (USDOT 120682) received 2 citations for this violation, while Etchberger Trucking Inc and Elite Fuels Transportation each received 1. Tank trailers (PTRB) accounted for 3 citations, and specialized hauling units (SAIC) for 2. The small sample size reflects how infrequently this violation appears in roadside enforcement, so citing trends by carrier or vehicle type is not meaningful.

The specific CSA point value isn't published in the FMCSA's public severity matrix for this code. However, all FMCSR violations contribute to your carrier's Safety Authorities (BASIC) scores, which affect your CSA profile. For exact CSA point impact, check your inspection report or contact your carrier's safety department. The severity weight depends on whether the violation was issued as a warning, citation, or out-of-service order.

This regulation covers proper loading procedures for cargo tanks—how hazardous materials must be loaded into the tank, including fill levels, compartment segregation, and securing methods depending on the commodity. It's distinct from general hazmat loading rules; it focuses on tank-specific requirements. If cited, the inspector documented a procedure or condition that violated these loading standards. Review the defect description on your citation and your cargo tank's technical manual to understand the exact requirement you didn't meet.