FMCSR 173.40 Citation: What Drivers Need to Know

No. Across our 13 million+ inspection records, the 0.0% out-of-service rate for 173.40 citations means your truck will not be placed out of service for this violation. This is significantly more lenient than the 31.4% national average OOS rate across all FMCSR codes. You remain eligible to operate immediately after citation.

173.40 is a hazardous materials violation under the FMCSR hazmat category. While we cannot reproduce the full regulatory text, the code pertains to specific hazmat handling or transport requirements. To understand the exact requirement you violated, consult 49 CFR 173.40 directly or review the itemized violation on your citation form.

First steps:

1. Request and review the full citation document and inspector notes
2. Document the violation details (date, location, inspector badge number)
3. Photograph equipment or cargo condition cited, if safe and legal
4. Report to your company's safety manager or compliance officer immediately
5. Determine if the violation was a documentation issue, equipment condition, or procedural step
6. For equipment-based findings, schedule inspection or repair; for documentation, gather records
7. Consult your hazmat coordinator or a compliance specialist if unsure of corrective action

173.40 is relatively low-severity. While it ranks #2796 out of 3,036 FMCSR codes by citation volume, the 0.0% OOS rate puts it far below peer hazmat codes. For comparison, 177.834(a) (general hazmat loading) carries a 97.9% OOS rate, and 177.817(a) (placarding violations) sits at 75.1%. The 0.0% rate indicates inspectors typically view this as a correctable or documentation issue rather than an immediate safety risk.

Our inspection data shows 173.40 is extremely rare across all states. In the last 180 days, Texas logged 1 citation—the only state activity in our database during that period. This violation does not cluster in any particular region; it appears sporadically in roadside inspections nationwide.

Yes, you can submit a DataQs request to FMCSA to contest a 173.40 citation. The process applies to both documentation and equipment-based findings. If the inspector misidentified your equipment, misread regulations, or recorded inaccurate details, DataQs allows you to submit evidence and request correction. File within the window specified in your citation, and include photos, records, or expert statements supporting your case.

Only 1 citation for 173.40 in the last 12 months appears in our 13 million+ inspection database. This reflects extremely rare enforcement—the violation ranks in the bottom tier of all FMCSR codes by citation frequency, making it one of the least commonly cited hazmat violations in roadside inspections.

173.40 falls under the Hazardous Materials category and will typically affect both the driver's and carrier's FMCSA CSA records under their respective BASIC categories (Safety Management and Hazmat Compliance). While the citation is issued during a driver-level roadside stop, the underlying compliance responsibility may rest with carrier procedures, vehicle maintenance, or documentation—meaning both parties should review corrective action.