What 397.101D means in plain language
397.101D is a hazardous materials regulation that focuses on the proper handling and documentation of hazmat shipments. The rule requires drivers and carriers to comply with specific packaging, labeling, and placarding requirements for materials classified as dangerous goods. When an inspector cites 397.101D, they've found that a shipment, vehicle, or driver documentation fell short of these standards.
This is a technical compliance issue—it's not about reckless behavior, but about whether the paperwork, labels, or packaging match what DOT requires for the specific material being transported. A citation typically means an inspector found either missing documentation, incorrect placarding information, or improper package preparation that didn't align with the hazmat rules.
What our enforcement data actually shows
Across our 13 million+ inspection records, 397.101D is rarely cited. Our database shows 3 all-time citations for this code, with 3 citations recorded in the last 12 months and 0 in the last 90 days. All 3 cases resulted in citations only—none were placed out of service, giving this code a 0.0% out-of-service rate.
By contrast, the all-FMCSR average out-of-service rate is 31.4%, meaning 397.101D violations are treated as minor documentation or labeling discrepancies rather than safety-critical failures. The code ranks #2551 out of 3,036 FMCSR codes by citation volume, placing it in the lower tier of enforcement activity nationwide.
Our inspection records show all 3 citations occurred in July 2025, suggesting this code is enforced sporadically rather than as part of routine roadside operations.
Who gets cited most
Our data is limited: all 3 citations in our database were issued to the same carrier—Brenda Lizeth Galindo Wagner (USDOT 3866620)—across two vehicle makes: ITNL and TRAI equipment, each cited once. Because the citation volume is so low, we cannot reliably rank states or identify meaningful geographic patterns. The enforcement data indicates this violation is uncommon enough that a single carrier accounts for our entire dataset.
How severe is this compared to similar codes
397.101D sits at the lower end of the hazmat enforcement spectrum. Compare it to related codes in the hazardous materials category:
- 177.834A-HMC (general loading/unloading hazmat): 3,954 citations with a 99.2% out-of-service rate—far more serious and frequent.
- 177.817(a) (placarding violation): 2,274 citations with a 75.1% out-of-service rate—also significantly more common and more likely to result in OOS.
- 172.516(c)(6) (placard damaged, deteriorated, or obscured): 1,796 citations with only a 1.6% out-of-service rate—similar to 397.101D in enforcement outcome but cited roughly 600 times more often.
The comparison shows that 397.101D violations are treated as minor infractions; most peer codes in the hazmat category carry much higher OOS rates, especially those involving actual loading, unloading, or placarding errors on the road.
How to avoid it
397.101D citations are rare, but here's how to stay clean:
- Verify hazmat paperwork before departure. Check that your shipping papers (manifests, bills of lading, emergency response information) match the exact contents and proper DOT classification of each package. Mismatched paperwork is what inspectors typically flag.
- Confirm all labels and markings on packages. Before loading, ensure each hazmat package displays the correct DOT label for its commodity class. Faded, missing, or wrong labels are inspection red flags.
- Cross-check your placard against the bill of lading. The placard on your vehicle must match the primary hazard of the load. If your documents say Class 3 flammable but your placard shows Class 8 corrosive, you'll be cited.
- Do a pre-trip visual inspection of placards and labels. Walk around your vehicle before every departure and after every stop. Look for peeling, damaged, or obscured placards. Weather, road vibration, and loading damage can degrade them quickly.
- Keep Emergency Response Information accessible and up to date. Your emergency contact sheets and hazmat reference materials must be current and in the cab. Inspectors often check these during roadside stops.
- Document your hazmat training. While 397.101D itself targets compliance with packaging and documentation, current DOT hazmat endorsement training helps you recognize compliance gaps before they become citations.
Because our inspection records show only 3 cases ever, this code is unlikely to be the focus of routine enforcement. However, if you transport hazmat regularly, these checks take minutes and prevent the disruption of a citation.