Direct answers on 173.29A citations: OOS rates, co-occurring violations, state hotspots, and what drivers need to do next.
Ranks #1,769 of 3,146 FMCSR codes by citation frequency • OOS rate of 5.7% is below the FMCSR-wide average of 33.3%.
Empty package improper transportation
Direct answers grounded in TruckCodex inspection data
No. Across our 13 million inspection records, 173.29A resulted in out-of-service placement in only 1 out of 30 all-time citations, giving it a 3.3% OOS rate. That's significantly lower than the 31.4% national average across all FMCSR codes. Your truck will almost certainly stay in operation, though the citation will still be recorded on your inspection history.
First, check your vehicle for tire and windshield damage—our data shows these defects commonly appear in the same inspections as 173.29A (393.67 tire defects in 19 shared inspections, 393.78 windshield condition in 9 shared inspections). Second, verify your hazmat documentation and placarding are complete and legible (172.504A placarding and 172.200A shipping papers both appear in 14 and 8 co-occurring citations respectively). Third, review how you secured and transported the empty package. If you believe the citation is incorrect, file a DataQs protest with FMCSA within 90 days of the inspection date with supporting documentation.
173.29A is less serious than most other hazmat violations in terms of OOS enforcement. Its 3.3% OOS rate is far below peer codes like 177.834A (99.2% OOS), 177.834(a) (97.9% OOS), and 177.823(a) (51.8% OOS). However, it ranks #1799 out of 3,036 FMCSR codes by citation frequency, making it uncommon. The low OOS rate suggests inspectors typically view this as a documentable packaging error rather than an immediate safety emergency.
Texas dominates enforcement of this violation. Our records show 27 citations in Texas over the last 180 days, with 1 OOS placement (3.7% rate). This represents nearly all recorded 173.29A citations in our database during that period, indicating the violation is regionally concentrated rather than nationally distributed.
Citation activity for 173.29A is sporadic. Over the last 12 months, we logged 28 citations. The trend shows seasonal clustering: February 2026 and March 2026 each had 13 citations, while May 2025 and December 2025 had only 1 citation each. The last 90 days show 26 citations, indicating a recent uptick. This pattern suggests heightened inspection focus in specific periods or regions rather than a steady increase.
Yes. If you believe the citation is factually incorrect—such as the inspector misidentifying your package condition, failing to observe your actual securing method, or citing improper procedures that you did follow—you can file a DataQs Request for Record Review (RDR) with FMCSA within 90 days of the inspection. Document your rebuttal with photos, shipping records, or witness statements. Success rates vary, but carriers contest citations across all codes when evidence supports it.
Freightliners (FRHT) appear most frequently in our 173.29A citation records with 4 citations, followed by Kenworths (KW) with 3 citations. All other vehicle makes—including Peterbilt, Ram, Ford, and specialty trailers—account for 1 citation each. This distribution likely reflects the higher prevalence of Freightliners and Kenworths in the overall trucking fleet rather than any specific vulnerability to this violation.
Rafael Alvarez Chavez (USDOT 3779168) leads with 5 all-time citations for this violation. Brandon Salazar Snowball (USDOT 4410818) and Jose Santos Cuellar Herrera (USDOT 4418657) each have 3 citations. All other cited carriers have 1 citation each. These totals are small, suggesting enforcement is dispersed rather than concentrated on repeat offenders for this specific code.
Where 173.29A is most commonly cited (last 180 days)
Other violations commonly found on the same inspection (last 90 days)
TruckCodex aggregates official public-sector datasets. See the Source registry for dataset-level coverage and the Freshness log for last-import timestamps.
Census, SAFER, SMS, Licensing & Insurance (L&I), roadside inspections, crashes, and authority history.
Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).
Cross-border carrier registry and Canadian recall campaigns where applicable.
TruckCodex is an independent aggregator; it is not affiliated with FMCSA, NHTSA, EIA, or Transport Canada. Always verify compliance-critical information directly with the originating agency.