FMCSR 173.24(c): Unauthorized Hazmat Packaging — Q&A

Yes, there's a significant risk. Across our 13 million+ inspection records, 173.24(c) citations result in an out-of-service placement 50.5% of the time—well above the 31.4% all-FMCSR average. That means roughly one in two drivers cited for unauthorized hazmat packaging face an immediate roadside OOS order. Whether you're OOS depends on the severity of the packaging failure and the inspector's judgment, but plan for the possibility.

Not the most severe—but serious. Our inspection data shows 173.24(c) has a 50.5% OOS rate, which is lower than general loading/unloading violations like 177.834A-HMC (99.2% OOS) or 177.834(a) (97.9% OOS), and lower than placarding violations like 177.817(a) (75.1% OOS). However, it's significantly higher than placard maintenance issues like 172.516(c)(6) (1.6% OOS) or Emergency Response information violations (0.0% OOS). This puts unauthorized packaging in the mid-to-upper range of hazmat enforcement severity.

1. Stop transporting that load if you're still in motion—an OOS placement will halt you anyway, and self-reporting avoids additional violations.
2. Document the packaging with photos before moving anything.
3. Contact your dispatcher or safety manager to report the citation and confirm load disposition.
4. Request the violation report from the inspector and review it for factual errors.
5. Check with your carrier's compliance team on whether to contest via DataQs or accept the citation.
6. Do not repackage or move the hazmat without explicit guidance from your carrier's hazmat coordinator—improper repacking adds violations.

FMCSA assigns CSA points based on severity and inspection type, but the exact point value for 173.24(c) depends on whether the violation was recorded as a critical or non-critical finding. Our records show 173.24(c) citations exist across both OOS and non-OOS outcomes, suggesting variable severity. Contact your motor carrier's CSA analyst or visit the FMCSA CSA Basics portal with your citation number for the precise point allocation. Your carrier also receives the citation in their SMS BASIC score.

Yes, you and your carrier can challenge the citation via the FMCSA DataQs (Database Quality System) process. Log in with your USDOT number at datasqs.fmcsa.dot.gov and initiate a query within the dispute window. You'll need to document why the packaging was authorized—e.g., by referencing the Hazardous Materials Regulations (HMR) packaging specification, a DOT exemption number, or carrier approval documentation. If the inspector made a factual error (wrong hazmat class, wrong package type cited), that strengthens your case. Decisions typically resolve within 30–60 days.

Very rare. Our database shows only 95 all-time citations for 173.24(c) across 13 million inspections—ranking it #1434 out of 3,036 FMCSR codes by volume. In the last 12 months, there were zero citations; in the last 90 days, also zero. This is one of the least-frequently cited hazmat violations. That said, if you handle Class 3 (flammable liquid) or Class 8 (corrosive) loads, the specificity of HMR packaging requirements means even one citation indicates a serious gap in your carrier's hazmat training or documentation.

Our records show Emergency Roadside Service Inc (USDOT 1594714) has the highest count at 4 citations. Five other carriers—Fletes Internacionales Nayros SA de CV, Iowa Tanklines Inc, Four Corners Towing Inc, Oscar Guillermo Juraidini Silva, and Riley Brothers Inc—each have 2 citations. The long tail of single citations suggests 173.24(c) violations are scattered across the industry rather than concentrated in specific fleets. If your carrier appears on this list, request a hazmat packaging audit from your safety director immediately.

Both. Your carrier receives the citation in their FMCSA safety record (SMS), which affects their CSA BASICs and insurance premiums. You also receive it on your Motor Carrier Safety record if you're the driver of record. However, the violation origin—packaging provided by the shipper, carrier's purchasing error, or driver loading mistake—determines who bears corrective liability. If your carrier failed to verify packaging compliance before dispatch, that's a carrier-level failure. If you improperly loaded authorized packaging, that's on you. Clarify the root cause with your carrier's compliance manager.