FMCSR 397.101D Citations: What Drivers Need to Know

No. 397.101D is not an out-of-service eligible violation. Across our inspection records, zero out of 3 citations for this code resulted in an out-of-service placement—a 0.0% OOS rate. This is significantly lower than the all-FMCSR average of 31.4%, meaning inspectors cannot immediately ground your vehicle on this charge alone. However, you'll still need to address the underlying hazmat compliance issue to avoid future citations.

397.101D is a hazardous materials regulation code falling under the Hazardous Materials category. While enforcement is rare—only 3 citations exist in our 13 million-inspection database—when cited, it involves a documented hazmat packaging or handling deficiency. Because this code has never triggered an out-of-service order in our records, the violation is typically correctable without immediate operational shutdown. Review the citation narrative and the specific hazmat requirement you allegedly violated to understand the exact nature of the finding.

Very rare. Our inspection records show only 3 total citations for 397.101D across 13 million roadside inspections, ranking it #2551 out of 3,036 FMCSR codes. In the last 12 months, we recorded 3 citations, with zero in the last 90 days. The rarity of this violation suggests it may be cited only under specific circumstances or by a limited number of jurisdictions. Most drivers and carriers never encounter it.

No—it's one of the least serious hazmat violations. Compare 397.101D's 0.0% OOS rate to peer hazmat codes: general loading/unloading violations (177.834A-HMC) have a 99.2% OOS rate, placarding violations (177.817a) reach 75.1%, and movement of damaged packages (177.823a) sits at 51.8%. Only two similar codes—placard deterioration (172.516c6 at 1.6%) and emergency response information maintenance (172.602c1 at 0.0%)—match or exceed 397.101D's lenient enforcement profile. This suggests minimal regulatory urgency.

1. Read the citation narrative – identify exactly which hazmat packaging, labeling, or documentation requirement was violated.
2. Review your hazmat training certificate – ensure it's current and document completion.
3. Inspect your vehicle and cargo – verify all placards, labels, and emergency contact information are correct and legible.
4. Correct the specific deficiency – this is not an OOS violation, so you can typically remedy it without stopping operations immediately.
5. Gather documentation – collect proof of correction or compliance for any DataQs appeal, if you believe the citation was in error.

Yes. The FMCSA DataQs system allows you to contest any roadside inspection finding, including 397.101D violations. If the inspector's documentation of the hazmat deficiency is incomplete, inaccurate, or mischaracterizes your packaging or labeling, you can file a Request for Data Review (RDR). Success depends on the evidence: if the citation is based on subjective judgment (e.g., whether a label was "sufficiently visible"), your chances improve if you provide photos, compliance records, or expert testimony. If it's a clear documentation gap, correction and resubmission often resolves it faster.

The available data does not identify citations by state. Our records show 3 total citations for 397.101D, with all 3 issued to a single carrier (BRENDA LIZETH GALINDO WAGNER, USDOT 3866620) in July 2025. Because citation volume is so low, geographic patterns are not meaningful. If you received a citation, contact your state's Department of Transportation or the issuing inspector's agency to confirm jurisdiction and appeal procedures.

Low urgency for immediate shutdown, but address it promptly. Since 397.101D has a 0.0% OOS rate and zero citations in the last 90 days, inspectors are not actively hunting for this violation. That said, hazmat regulations exist for safety—continued non-compliance could trigger stricter enforcement or be flagged during your next inspection. Correct the deficiency within 30 days, document your fix, and stay proactive if you operate in hazmat transport. Preventive compliance is cheaper than repeated citations.