385.403-HMAMC: HM Safety Permit Citation — What Happens Now

Direct answers on 385.403-HMAMC citations: out-of-service rates, what to do next, and how this violation compares to other hazmat administrative codes.

Severity Weight
3
OOS Eligible
No
BASIC Category
Hazardous Materials
Code System
FMCSR
Code:
385.403-HMAMC
Code System:
FMCSR
BASIC Category:
Hazardous Materials
OOS Eligible:
No
Severity Weight:
3
Violation Group:
Documentation - HM

Ranks #1,769 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.0% is below the FMCSR-wide average of 33.3%.

Violation Description

HM (Administrative) - Motor Carrier failing to obtain an HM safety permit as required.

Questions & Answers

Direct answers grounded in TruckCodex inspection data

Will 385.403-HMAMC put my truck out of service?

No. Across our 13 million inspection records, this citation has never resulted in an out-of-service order. The 0.0% OOS rate on all 32 all-time citations shows this is handled as a compliance notice, not an immediate vehicle removal. Compare that to the 31.4% national average OOS rate across all FMCSR codes—385.403-HMAMC is significantly less severe in enforcement action.

What do I do immediately after getting cited for 385.403-HMAMC?

First: confirm your motor carrier has applied for or obtained the required HM safety permit from FMCSA. Second: check your load documentation and placard setup—our inspection records show 172.516C2-HMPMC (failure to display placards clearly) and 172.600C1-HMER (missing emergency response info) appear together with this citation in 3 recent inspections. Third: review your CDL endorsements; 383.23A2-LCDL (improper endorsements) co-occurred in 3 inspections. Contact your carrier's compliance department to verify permit status and supply chain documentation.

Is 385.403-HMAMC serious compared to other hazmat admin violations?

It's among the least-cited hazmat administrative violations. Our data ranks 385.403-HMAMC at #1775 of 3,036 FMCSR codes by volume—only 20 citations in the last 12 months. Peer administrative codes like 390.21TB2-DOT (74,663 citations) and 390.21T(b) (61,097 citations) are cited far more frequently. The 0.0% OOS rate also places it well below enforcement intensity of other permit and registration-class violations.

Where does 385.403-HMAMC get cited most?

Nevada leads with 3 citations in the last 180 days, followed by Ohio with 2 citations. Missouri, California, Tennessee, New Jersey, and Kansas each have 1 citation. The wide geographic spread suggests this violation is not concentrated in one region—it appears sporadically across the country, typically when a carrier operates hazmat loads without current permit documentation.

How many CSA points does 385.403-HMAMC add to my safety record?

The citation itself triggers a Motor Carrier Safety Fitness BASIC determination and is reported to the Federal Motor Carrier Safety Administration's Compliance, Safety, Accountability program. The exact CSA point weight depends on FMCSA severity scoring; however, because this is a carrier-level (not driver-level) administrative violation, the impact is assigned to your carrier's USDOT number, not your individual driver file. Your motor carrier's safety department can confirm the specific BASIC category impact.

Can I fight a 385.403-HMAMC citation through DataQs?

Yes, you can contest this citation through the FMCSA's DataQs (DataQ) process, which allows drivers and carriers to dispute roadside inspection findings. Because this is a documentation and compliance violation (not a vehicle defect), you'll need to submit evidence that the permit was in force at the time of inspection, or that the violation was recorded in error. File your DataQ within the timeframe specified in your inspection report; FMCSA reviews contested findings within 30 days.

Is 385.403-HMAMC getting cited more or less often lately?

Citations remain low and sporadic. In the last 12 months, our inspection records show 20 total citations, with peaks of 4 in June 2025 and 4 in November 2025. Most months show only 1–2 citations. The 90-day count is 4 citations, indicating this violation remains rare. Enforcement appears reactive—triggered when a carrier operates hazmat loads without active permit documentation—rather than part of a widespread crackdown.

Does a 385.403-HMAMC citation follow the driver or the carrier?

This citation follows the motor carrier (company), not the individual driver. FMCSA records it against the carrier's USDOT number and affects the company's Motor Carrier Safety Fitness BASIC. The violation reflects a carrier-level administrative failure to obtain or maintain the hazmat safety permit. Your personal driving record is not directly impacted, but your carrier's safety rating deteriorates, which can affect insurance costs and future regulatory actions.

Last updated: 2026-04-20T16:06:23.313Z Answers reference TruckCodex inspection data Read the full article → Fleet FAQ →

Top Enforcing States

Where 385.403-HMAMC is most commonly cited (last 180 days)

1. Ohio
3
OOS 0.0%
2. California
1
OOS 0.0%
3. Kansas
1
OOS 0.0%
4. New Jersey
1
OOS 0.0%
5. Nevada
1
OOS 0.0%

Data sources & freshness

TruckCodex aggregates official public-sector datasets. See the Source registry for dataset-level coverage and the Freshness log for last-import timestamps.

Census, SAFER, SMS, Licensing & Insurance (L&I), roadside inspections, crashes, and authority history.

Refreshed daily.

Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).

Refreshed daily.
EIA

Retail diesel and gasoline price history and state fuel-tax tables.

Refreshed weekly.

Cross-border carrier registry and Canadian recall campaigns where applicable.

Refreshed weekly.

TruckCodex is an independent aggregator; it is not affiliated with FMCSA, NHTSA, EIA, or Transport Canada. Always verify compliance-critical information directly with the originating agency.