FMCSR 180.213(d) — Q&A for Drivers & Fleets

No. Across our 13 million inspection records, the out-of-service rate for 180.213(d) is 0.0%—none of the 2 all-time citations resulted in an out-of-service order. For context, the national average out-of-service rate across all FMCSR codes is 31.4%, so this violation sits well below that threshold. You'll face a citation and associated CSA points, but your truck won't be sidelined by this violation alone.

FMCSR 180.213(d) falls under hazardous materials regulations. The regulation addresses specific requirements for hazmat shipments. While enforcement is rare—only 2 citations in our entire database—violations carry compliance weight in hazmat operations. Understanding your hazmat obligations protects both your safety record and your ability to transport regulated materials.

180.213(d) is significantly less severe than related hazmat violations. Our inspection data shows that general loading/unloading hazmat violations (177.834A-HMC) have a 99.2% out-of-service rate across 3,954 citations, while placarding violations (177.817(a)) result in out-of-service 97.9% of the time across 3,839 citations. By contrast, 180.213(d) has never resulted in an out-of-service order. This code represents a lower-enforcement, lower-consequence violation in the hazmat compliance space.

No. This is one of the rarest FMCSR violations in our database. We've recorded only 2 all-time citations for 180.213(d), ranking it #2651 out of 3,036 FMCSR codes by enforcement volume. In the past 12 months and past 90 days, we have zero citations. This tells you the violation is either well-understood by carriers, rarely occurs, or narrowly applies to specific hazmat scenarios.

Immediate steps:

1. Document everything. Photograph the hazmat load, placards, packaging, and vehicle condition at the time of inspection.
2. Preserve the inspection report. Request a copy from the roadside inspector if you don't have one.
3. Review your hazmat procedures. Confirm your crew understands 180.213(d) requirements and audit similar loads.
4. Alert your carrier/dispatcher. If you're a company driver, notify your safety manager immediately.
5. Check DataQs eligibility. If you believe the citation is factually incorrect, you may contest it through the FMCSA DataQs portal within 90 days of issuance.
6. Monitor CSA points. Log in to your CSA account to track the impact.

Yes, you can contest the citation through the FMCSA DataQs (DataQ Reporting) portal if you believe it's factually incorrect. You have 90 days from the inspection date to file. DataQs works best for documentation errors (wrong carrier name, misidentified vehicle, incorrect inspection date) and for challenging factual findings where evidence contradicts the citation. You cannot use DataQs to argue the regulation itself is unfair—only to correct factual mistakes in the record.

Our records show 2 all-time citations. SUNTECH GROUP INC (USDOT 659646) received 1 citation, and NOEL RIVERO GARCIA (USDOT 2471659) received 1 citation. Both were in Prevost vehicles. Because the sample is so small, these names reflect individual enforcement events rather than a trend. If you drive for either carrier, confirm your hazmat compliance procedures with your safety department.

Low urgency from an out-of-service standpoint, but don't ignore it. The 0.0% out-of-service rate means your immediate operational risk is minimal. However, CSA points accumulate, and repeated hazmat violations—even rare ones—signal a compliance gap. The best approach: address the underlying cause immediately, retrain your team, and prevent recurrence. Since we've recorded zero citations in the past 90 days, the violation appears rare enough that fixing it once likely closes the loop.