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 6/20/2026
Inspections
14
that found this code
Violations
15
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
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
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
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.
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.