Violation code

385.403

No HM Safety Permit

Hazardous Materials Compliance3Non-OOS· SMS Appendix A v3.20

385.403 is a Documentation - HM violation under 49 CFR §385.403. It falls in the Hazardous Materials Compliance BASIC with a severity weight of 3/10. Nationally it was cited 79 times in the last five years, with an OOS rate of 2.5%.

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National roadside inspection stats

as of 6/20/2026

Inspections

that found this code

Violations

total written

OOS rate

2.5%

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: Documentation - HM
Regulation §: 385.403
Severity weight: 3
Used in SMS: Yes
Status: Active
Updated: 6/20/2026

Last updated June 2026

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Notes

DSMS: N

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Challenging 385.403 through FMCSA DataQs

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

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

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Frequently asked questions about 385.403

What does violation 385.403 mean?

385.403 is the FMCSA roadside-inspection violation code for "No HM Safety Permit", part of the Documentation - HM group, cited under 49 CFR §385.403.

What BASIC does 385.403 affect?

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

What is the CSA severity weight of 385.403?

385.403 carries a severity weight of 3 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 385.403 an out-of-service (OOS) violation?

No. 385.403 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 385.403 add to a carrier's score?

The point contribution of 385.403 depends on its severity weight (3/10) 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 385.403 be challenged through DataQs?

Yes. If you believe 385.403 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 385.403 Hazardous Materials Compliance BASIC Carrier CSA lookup CSA glossary

385.403

National roadside inspection stats

Challenging 385.403 through FMCSA DataQs

Shipment was not placardable

Administrative HazMat code (not in SMS)