FMCSR 178.405(c): Hazmat Citation Q&A

Direct answers about 178.405(c) citations: OOS rates, enforcement trends, and what drivers need to do next.

Severity Weight
N/A
OOS Eligible
No
BASIC Category
Hazardous Materials
Code System
FMCSR
Code:
178.405(c)
Code System:
FMCSR
BASIC Category:
Hazardous Materials
OOS Eligible:
No
Severity Weight:
N/A

Ranks #2,062 of 3,146 FMCSR codes by citation frequency • OOS rate of 18.8% is below the FMCSR-wide average of 33.3%.

Questions & Answers

Direct answers grounded in TruckCodex inspection data

Will 178.405(c) put my truck out of service?

Not likely. Across our 13 million inspection records, 178.405(c) citations resulted in out-of-service placement only 18.8% of the time (3 out of 16 all-time citations). That's significantly lower than the 31.4% national average OOS rate across all FMCSR codes. However, the other 81.2% of citations were issued without an immediate OOS order, meaning your truck may remain in service pending corrective action.

How serious is 178.405(c) compared to other hazmat violations?

178.405(c) ranks #2026 out of 3,036 FMCSR codes by citation volume, and its 18.8% OOS rate is well below comparable hazmat codes. For example, general loading/unloading hazmat violations (177.834A-HMC) carry a 99.2% OOS rate, and placarding violations (177.817(a)) hit 75.1%. This suggests 178.405(c) infractions are treated as lower-severity hazmat findings in enforcement practice.

Is 178.405(c) being cited less often now?

Yes—significantly. Our inspection database shows zero citations for 178.405(c) in the last 90 days and zero in the last 12 months. All 16 all-time citations are older. This dramatic drop suggests either improved compliance, a shift in inspection focus, or reduced frequency of the specific condition this code covers. Drivers facing this citation are encountering a rarely-enforced violation.

What should I do immediately after getting cited for 178.405(c)?

First, document the violation details and the inspector's remarks. Second, review the specific requirement you allegedly violated—178.405(c) addresses hazmat handling specifics. Third, contact your carrier's safety or compliance team to determine whether you need equipment repair, procedure correction, or documentation review. Fourth, preserve all records (dispatch logs, loading receipts, training certifications) in case you pursue a DataQs challenge. Do not assume out-of-service is automatic; only 18.8% of these citations trigger it.

Can I contest a 178.405(c) citation through DataQs?

Yes. The FMCSA DataQs system allows drivers and carriers to challenge roadside inspection records through the Record Detailed Review (RDR) process. You can dispute factual errors (inspector misidentified equipment, misread labels, or misinterpreted documentation) or argue the violation was corrected on-the-spot. You have 90 days from the inspection date to file. Success depends on whether you have evidence (photos, maintenance records, or training docs) that supports your position.

Which carriers get cited most for 178.405(c)?

Across our 13 million records, AUTOTANQUES SANTAFE SA DE CV (USDOT 3331805) leads with 2 citations. The remaining 14 citations are distributed one each among nine other carriers, including EPP'S SERVICE INC, FLORENCIO GARCIA RUVALCABA, and ACID & CEMENTING SERVICES INC. This pattern suggests 178.405(c) is encountered across diverse carriers rather than concentrated in one operator.

What types of trucks get cited for 178.405(c)?

Tanker and specialized equipment dominate. Kenworth (KW) and Heil tankers each account for 3 citations. Peterbilt (PTRB) and other makes add 2 each, with scattered citations across International, Freightliner, Polar, and Intra models. This distribution reflects that 178.405(c)—a hazmat code—is primarily enforced against bulk liquid and hazardous cargo carriers, not general freight.

Is 178.405(c) a driver violation or a carrier violation?

FMCSA tracks violations in both driver and carrier safety records through the CSA system. A 178.405(c) citation on your inspection report affects your carrier's hazmat and compliance records and may impact your personal driver record depending on state reporting and your carrier's internal tracking. Either way, the citation is documented in our database and visible in roadside inspection history. Consult your carrier's safety team about how this affects your record.

Last updated: 2026-04-20T16:32:59.790Z Answers reference TruckCodex inspection data Read the full article → Fleet FAQ →

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