Violation code

177.804B2

Failure to comply with 49 CFR Section 392.80 Texting While Operating a CMV when transporting select agents or toxins or HM requirement Placarding

Unsafe Driving10Non-OOS· SMS Appendix A v3.20

177.804B2 is a Texting violation under 49 CFR §177.804B2. It falls in the Unsafe Driving BASIC with a severity weight of 10/10. Nationally it was cited 8 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

that found this code

Violations

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 §: 177.804B2
Severity weight: 10
Used in SMS: Yes
Status: Active
Updated: 6/20/2026

Last updated June 2026

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Notes

DSMS: Y | Comment: Added in 3.11 | Footnote: This violation was added to SMS with the September 25, 2020 snapshot.

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Challenging 177.804B2 through FMCSA DataQs

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

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
- ✓Calibration log expiration date if produced
- ✓Driver's contemporaneous note (e.g., independent dashcam speed)
Citation based on visual estimate only
The inspection report indicates the officer estimated speed visually rather than using a calibrated instrument.
Evidence that wins
- ✓Inspection report narrative copy showing "visual estimate" wording
- ✓Officer training records or pacing distance, if obtainable
Underlying citation adjudicated
The underlying state court adjudicated the citation as dismissed, reduced, or amended.
Evidence that wins
- ✓Certified court disposition with case number and date
- ✓Original citation copy

Common pitfalls — avoid these

⚠Submitting an uncertified court printout — DataQs requires the clerk-stamped version
⚠Forgetting that "guilty of a lesser charge" still counts as conviction — the violation may stay, just at reduced severity

⚡ Draft a challenge for 177.804B2 →Read the DataQs guide first

More codes in Unsafe Driving

Same BASIC category — ranked by national citation volume

View all Unsafe Driving codes →

Other Texting codes

Codes under the same FMCSA violation group

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Frequently asked questions about 177.804B2

What does violation 177.804B2 mean?

177.804B2 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 requirement Placarding", part of the Texting group, cited under 49 CFR §177.804B2.

What BASIC does 177.804B2 affect?

177.804B2 falls under the Unsafe Driving BASIC in the FMCSA Safety Measurement System (SMS).

What is the CSA severity weight of 177.804B2?

177.804B2 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 177.804B2 an out-of-service (OOS) violation?

No. 177.804B2 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 177.804B2 add to a carrier's score?

The point contribution of 177.804B2 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 177.804B2 be challenged through DataQs?

Yes. If you believe 177.804B2 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 177.804B2 Unsafe Driving BASIC Carrier CSA lookup CSA glossary