Failure to comply with 49 CFR Section 392.80 Texting While Operating a CMV When Transporting Select Agents or Toxins or HM Requiring Placarding
Unsafe Driving10Non-OOS· SMS Appendix A v3.20
177.804B is a Texting violation under 49 CFR §177.804B. It falls in the Unsafe Driving BASIC with a severity weight of 10/10. Nationally it was cited 3 times in the last five years, with an OOS rate of 0.0%.
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National roadside inspection stats
as of 6/20/2026
Inspections
3
that found this code
Violations
3
total written
OOS rate
0.0%
0 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
Texting
Regulation §
177.804B
Severity weight
10
Used in SMS
Yes
Status
Active
Updated
6/20/2026
Last updated June 2026
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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
Radar / lidar / scale calibration not produced
The state instrument used to measure speed or weight had no current calibration certificate, or one was never provided when requested.
Evidence that wins
✓FOIA / public-records request response from the citing agency
177.804B is the FMCSA roadside-inspection violation code for "Failure to comply with 49 CFR Section 392.80 Texting While Operating a CMV When Transporting Select Agents or Toxins or HM Requiring Placarding", part of the Texting group, cited under 49 CFR §177.804B.
What BASIC does 177.804B affect?
177.804B falls under the Unsafe Driving BASIC in the FMCSA Safety Measurement System (SMS).
What is the CSA severity weight of 177.804B?
177.804B carries a severity weight of 10 out of 10. Higher weights indicate violations more closely tied to crash risk, and they count more toward a carrier's Unsafe Driving score.
Is 177.804B an out-of-service (OOS) violation?
No. 177.804B 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 177.804B add to a carrier's score?
The point contribution of 177.804B depends on its severity weight (10/10) 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.
Can 177.804B be challenged through DataQs?
Yes. If you believe 177.804B 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.