What 173.29A means in plain language
FMCSR 173.29A addresses the improper transportation of empty hazardous material packages. Even though a container is empty or no longer holds the hazardous substance it originally carried, it may still retain residue or vapors that pose a risk during transport. The regulation requires that empty packages be handled, secured, and transported with the same care and attention as if they still contained the hazardous material.
This is not about forgetting to offload cargo or leaving a container behind. It's about how you treat, position, and manage containers during transport after they've been emptied. An improperly secured empty hazmat package, or one transported without the required documentation or placarding relative to its residual contents, can trigger a 173.29A citation.
What our enforcement data actually shows
Across our 13 million+ inspection records, 173.29A is relatively uncommon. We have recorded 30 all-time citations for this violation, with 28 citations in the last 12 months and 26 in the last 90 days. This ranks 173.29A at #1799 out of 3,036 FMCSR codes by enforcement volume—making it one of the less frequently cited hazardous materials regulations.
When officers do cite it, they rarely place vehicles out of service. Our data shows a 3.3% out-of-service rate for 173.29A (1 out of 30 all-time citations). This is significantly lower than the all-FMCSR average OOS rate of 31.4%, indicating that inspectors typically view 173.29A violations as correctable documentation or packaging issues rather than immediate safety emergencies.
Enforcement has picked up noticeably in recent months. February and March of 2026 each saw 13 citations, compared to just 1 in May 2025 and 1 in December 2025. This suggests a recent enforcement focus or seasonal pattern worth monitoring.
Who gets cited most
Our inspection records show that Texas dominates 173.29A enforcement. In the last 180 days, Texas accounted for 27 citations out of the small national total—nearly all recorded activity for this code. The OOS rate in Texas stands at 3.7%, consistent with the national rate of 3.3%.
Among carriers, our data shows fleets such as Rafael Alvarez Chavez (USDOT 3779168) with 5 all-time citations for this violation, and Brandon Salazar Snowball (USDOT 4410818) and Jose Santos Cuellar Herrera (USDOT 4418657) each with 3 citations. These numbers are small in absolute terms, but they indicate where enforcement has concentrated historically.
How severe is this compared to similar codes
173.29A sits at the lenient end of the hazardous materials enforcement spectrum. Compare it to peer codes in the same category:
- 177.834A-HMC (General loading/unloading hazmat) has 3,954 citations with a 99.2% OOS rate—meaning nearly every violation results in the vehicle being pulled out of service immediately.
- 177.817(a) (Placarding violation) has 2,274 citations and a 75.1% OOS rate, reflecting the critical importance of proper hazmat identification.
- 177.823(a) (Movement of damaged hazmat packages) has 1,829 citations and a 51.8% OOS rate.
In contrast, 173.29A's 3.3% OOS rate suggests that the violation is treated as a paperwork or procedural lapse rather than an acute hazard. That said, the hazmat regulations exist because residual substances can ignite, react, or contaminate—so ignoring a 173.29A citation is not advisable.
How to avoid it
Our inspection data reveals which violations commonly appear alongside 173.29A, giving insight into what inspectors are checking:
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Document and placard empty packages correctly. The co-occurring violations show that 107.601, 172.504A (Placarding—table 1 materials), 177.817A (Placarding violation), and 172.200A (Hazmat shipping papers missing/inadequate) appear in 21, 14, 13, and 8 shared inspections respectively. Before transporting any empty container that once held hazmat, verify that you have the correct placard posted and that shipping papers or residue documentation are on board and legible.
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Secure empty containers as tightly as full ones. A common pattern in our data is co-occurrence with tire and vehicle defect codes (393.67, 393.78, 393.65F appear in 19, 9, and 8 shared inspections). This suggests that empty packages in poor condition or insecurely loaded are flagged during general vehicle inspections. Before departure, walk around your trailer and confirm that every container is strapped, blocked, and stable—empty or not.
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Inspect container condition and residue. Empty containers may still smell, leak residue, or show damage. The co-occurrence of 177.823A (Movement of damaged hazmat packages, 11 shared inspections) emphasizes that damaged or leaking empties are treated as seriously as damaged full ones. If a container shows visible residue, rust, or puncture marks, do not transport it without consulting your dispatcher and ensuring proper documentation.
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Know the English-language and border requirements. Co-occurrence data shows 391.11B2-Z (Border Zone—English language proficiency) in 15 shared inspections, indicating that many 173.29A stops occur near the border or involve drivers unfamiliar with hazmat placarding rules. If you operate in Texas or near the border, familiarize yourself with both the hazmat rules and the specific language and literacy requirements that apply.
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Pre-trip inspection focus. Make empty package inspection a formal part of your pre-trip walk-around. Check that placards are present, legible, and correctly oriented. Verify that any required documentation (like hazmat residue sheets or carrier certification forms) is in the cab and accessible. Empty does not mean unregulated.