Violation code

177.804

Failure to comply with FMCSR 49 CFR part 383 and 49 CFR parts 390 through 397

Hazardous Materials Compliance2Non-OOS· SMS Appendix A v3.20

177.804 is a HM Other violation under 49 CFR §177.804. It falls in the Hazardous Materials Compliance BASIC with a severity weight of 2/10. Nationally it was cited 15 times in the last five years, with an OOS rate of 13.3%.

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National roadside inspection stats

as of 9/20/2026

Inspections

that found this code

Violations

total written

OOS rate

13.3%

2 OOS

Source: FMCSA roadside inspection data (last 5 years). The OOS rate is the share of these violations that led the officer to mark the driver or vehicle out of service.

Violation group: HM Other
Regulation §: 177.804
Severity weight: 2
Used in SMS: Yes
Status: Active
Updated: 9/20/2026

Last updated September 2026

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Notes

DSMS: Y

What 177.804 means — and how to avoid it

In plain English

In plain terms, 177.804 is cited for failure to comply with FMCSR 49 CFR part 383 and 49 CFR parts 390 through 397.

What the inspector checks

•Correct placarding for the material and quantity
•Shipping papers accessible and accurate
•Package marking, labeling, and securement

How to prevent it

✓Verify placards match the shipping papers before leaving
✓Keep shipping papers within reach and in order
✓Confirm proper packaging and emergency info

How it affects your CSA

up to 6 pts (fresh)

Severity 2/10. A fresh citation counts at the 3× time weight — up to 6 points toward the Hazardous Materials Compliance BASIC — then tapers to 2× after 6 months and 1× after a year, dropping off the score at 24 months.

General guidance from the violation’s FMCSA classification — not legal advice, and not a substitute for the inspector’s findings or 49 CFR.

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Challenging 177.804 through FMCSA DataQs

If this violation was written incorrectly, here are the angles trucking-safety managers use to contest it. Playbook: Hazardous Materials.

Relevant 49 CFR49 CFR § 177.804

Compliance with Federal Motor Carrier Safety Regulations

“Motor carriers and other persons subject to this part shall comply with the rules in parts 390 through 397 of subchapter B of this chapter, when applicable.”

Common ways to challenge this code

Shipment was not placardable
The materials transported did not exceed the threshold quantities requiring placards under 49 CFR Part 172 Subpart F.
Evidence that wins
- ✓Shipping papers showing UN number, hazard class, and quantity
- ✓Manufacturer's product specification sheet
Administrative HazMat code (not in SMS)
This administrative code is on the inspection report but does not contribute to CSA BASIC scoring per FMCSA SMS Methodology Appendix A.
Evidence that wins
- ✓FMCSA SMS Methodology Appendix A reference

Common pitfalls — avoid these

⚠Administrative HazMat codes still appear on the PSP record even when not scored in SMS

⚡ Draft a challenge for 177.804 →Read the DataQs guide first

More codes in Hazardous Materials Compliance

Same BASIC category — ranked by national citation volume

View all Hazardous Materials Compliance codes →

Other HM Other codes

Codes under the same FMCSA violation group

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Frequently asked questions about 177.804

What does violation 177.804 mean?

177.804 is the FMCSA roadside-inspection violation code for "Failure to comply with FMCSR 49 CFR part 383 and 49 CFR parts 390 through 397", part of the HM Other group, cited under 49 CFR §177.804.

What BASIC does 177.804 affect?

177.804 falls under the Hazardous Materials Compliance BASIC in the FMCSA Safety Measurement System (SMS).

What is the CSA severity weight of 177.804?

177.804 carries a severity weight of 2 out of 10. Higher weights indicate violations more closely tied to crash risk, and they count more toward a carrier's Hazardous Materials Compliance score.

Is 177.804 an out-of-service (OOS) violation?

No. 177.804 is not an out-of-service violation, so on its own it does not trigger an out-of-service order at the roadside.

How many CSA points does 177.804 add to a carrier's score?

The point contribution of 177.804 depends on its severity weight (2/10) multiplied by a time weight of 3, 2, or 1 based on how recent the inspection is. You can calculate the exact contribution with the CSA points calculator.

How can a driver prevent 177.804?

Verify placards match the shipping papers before leaving; Keep shipping papers within reach and in order; Confirm proper packaging and emergency info.

Can 177.804 be challenged through DataQs?

Yes. If you believe 177.804 was recorded in error, you can file a Request for Data Review (RDR) through the FMCSA DataQs system with supporting evidence. A successful challenge can remove or correct the violation on your record.

Keep going

CSA points calculator How to challenge a violation Draft a DataQs letter for 177.804 Hazardous Materials Compliance BASIC Carrier CSA lookup CSA glossary

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