FMCSR 173.29(a): Empty Package Improper Transportation

No. Across our 13 million inspection records, none of the 3 all-time citations for 173.29(a) resulted in an out-of-service placement, giving this violation a 0.0% OOS rate. This is substantially better than the 31.4% national average OOS rate across all FMCSR codes. You will not be ordered off the road for this citation alone.

173.29(a) is among the least-cited violations in hazardous materials enforcement. Our records show only 3 citations all-time, ranking it #2,551 out of 3,036 FMCSR codes. In contrast, peer hazmat codes show dramatically higher citation frequency: general loading/unloading violations (177.834A-HMC) reached 3,954 citations with a 99.2% OOS rate. The rarity and non-OOS status of 173.29(a) suggests it is treated as a lower-severity breach in the hazmat category.

First, verify the citation details on your inspection report—confirm the violation code and facility name. Second, review how the inspector determined that an empty package was transported improperly. Third, document your carrier's corrective action (e.g., retraining, procedure update, or equipment correction) and submit it to your carrier's safety manager and FMCSA if required by your carrier's compliance protocol. Fourth, keep all records related to your response for contestation if you believe the citation was inaccurate.

Yes. If you believe the citation was issued in error—such as if documentation shows the package was not actually transported improperly, or if the inspector misidentified the load—you can file a DataQs (Roadside Inspection Query System) challenge through FMCSA's portal within 30 days of the citation date. DataQs disputes are documentation-based; submit photos, shipping records, or carrier logs that contradict the inspector's finding. Success depends on evidence quality, not on citation frequency.

Very rarely. Across our database of 13 million inspections, 173.29(a) has been cited only 3 times in our entire records. In the last 12 months, there were 0 citations. In the last 90 days, there were 0 citations. This extreme scarcity means inspectors almost never flag empty package transportation as a violation, suggesting either strict carrier compliance or that the regulation applies to a narrow set of circumstances.

Our records show citations issued to three carriers: Rebel Oil Company Incorporated (USDOT 41386), Hicks Trucking Company of Litchfield Inc (USDOT 597503), and P Coleman Trucking LLC (USDOT 3331215). Each received 1 citation. The single vehicle type cited was a WSTR. The distribution is too sparse to identify geographic or industry patterns.

Low urgency from an out-of-service standpoint, but address it promptly for compliance. The 0.0% OOS rate means you are not at immediate risk of roadside removal. However, the fact that there were 0 citations in the last 90 days and only 3 all-time suggests either exceptional compliance industry-wide or heightened scrutiny when it does occur. Clarify the specific deficiency with your carrier and correct it before your next hazmat transport.

FMCSA's CSA system assigns violations to both the driver's record (under applicable BASIC categories like hazmat safety) and the carrier's record (under operations/hazmat BASICs). A single citation affects both. Review your carrier's CSA profile at SaferBus.org and your own FMCSA Safety Management System profile to see where the violation was recorded. Your carrier's fleet history and your driving history are both updated within 30 days of the citation date.