What 173.29(a) means in plain language
When you transport a hazardous material package, the container itself becomes regulated even after the contents are removed or depleted. FMCSR 173.29(a) requires that empty packages be transported according to specific rules—they cannot simply be hauled like regular freight.
The regulation applies to any container, tank, or vessel that previously held a hazardous material. Even though it's now empty, residue or vapors may remain, and the package must be handled, marked, placarded, and segregated as though it still poses a hazard. The exact requirements depend on the type of hazmat that was originally inside and whether the package has been properly cleaned or "hazard residue-free" certified.
If an inspector found your empty package improperly secured, inadequately marked, unproperly placarded, or transported in violation of segregation rules, they will cite 173.29(a). This is fundamentally a documentation and procedural violation—about proving the package was managed correctly—rather than a manifest spill or release.
What our enforcement data actually shows
Across our 13 million inspection records, 173.29(a) has been cited only 3 times in our database's history. None of those citations resulted in an out-of-service order; all 3 were non-OOS violations. The OOS rate for 173.29(a) is 0.0%, significantly lower than the all-FMCSR average OOS rate of 31.4%.
In the last 12 months, we have recorded zero citations for this code. In the last 90 days, we have recorded zero citations. This code ranks 2,551st out of 3,036 FMCSR codes by citation volume, making it one of the least-cited hazmat regulations in roadside enforcement.
The rarity of this citation suggests that either empty-package violations are uncommon, inspectors rarely identify them, or both. However, when they do occur, they are treated as correctable paperwork or procedural issues rather than safety-critical defects.
Who gets cited most
Our data contains citations for 173.29(a) from only three carriers: REBEL OIL COMPANY INCORPORATED (USDOT 41386) with 1 citation, HICKS TRUCKING COMPANY OF LITCHFIELD INC (USDOT 597503) with 1 citation, and P COLEMAN TRUCKING LLC (USDOT 3331215) with 1 citation. The sample size is too small to draw trends about which fleets are more or less likely to receive citations for this violation.
Vehicle make data shows only one citation associated with a WSTR-branded vehicle. Again, the low overall citation count means these patterns are not statistically meaningful for predicting risk.
How severe is this compared to similar codes
Within the hazardous materials category, 173.29(a) is significantly less frequently cited and less severe than comparable loading and handling violations. For example, 177.834A-HMC (General loading/unloading hazmat) has 3,954 citations with a 99.2% OOS rate. The 177.834(a) code shows 3,839 citations with a 97.9% OOS rate. Both of these are orders of magnitude more common and far more likely to result in an out-of-service placement.
Even 177.817(a) (Placarding violation) shows 2,274 citations with a 75.1% OOS rate. By contrast, 173.29(a)'s three citations and 0.0% OOS rate reflect a much lighter enforcement presence and lower severity perception among inspectors. The data suggests that empty-package violations are treated as administrative oversights rather than safety emergencies.
How to avoid it
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Confirm empty-package certification before transport. Verify that any container you haul that previously held a hazmat has been properly decontaminated and tagged "hazard residue-free" by the shipper or cleaning facility. Do not accept any container without explicit documentation of its status.
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Verify placarding is removed or correct. If the package is not certified hazard-free, it must still display hazmat placards. Check that placards are present, legible, and match the original contents. If the package is certified empty, old placards must be removed or completely obscured to avoid misrepresenting its contents.
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Check segregation rules apply to empty packages too. Even empty hazmat packages may have segregation requirements—for example, incompatible materials must remain separated. Review your bill of lading and any hazmat shipping papers to understand which segregation rules persist for your load.
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Keep shipping papers and decontamination certificates in the cab. Inspectors will ask to see proof that the package was properly declared and handled. Have shipper documentation, carrier acknowledgment, and any hazard-free certificates readily available during a roadside stop.
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Double-check vehicle condition before accepting the load. Look for residue, staining, odor, or labels on the cargo area that suggest improper cleaning. If you suspect a package has not been properly decontaminated, refuse it and report it to your dispatcher.
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Understand the difference between "empty" and "hazard-free." An empty package is not automatically hazard-free. Only certified decontamination makes it legally safe to transport as non-hazmat. Never assume an empty container has been properly cleaned.