What 173.301(h) means in plain language
FMCSR 173.301(h) addresses how hazardous materials must be packaged and prepared for transport. Specifically, it covers requirements related to the design, construction, and condition of containers used to ship hazmat. The regulation ensures that the packaging itself meets DOT standards—meaning it must be structurally sound, appropriate for the material being transported, and properly sealed or closed so nothing leaks or spills during transit.
If you were cited for this code, an inspector found that your vehicle was carrying hazmat in packaging that did not meet the standard. This could mean a container was damaged, improperly sealed, the wrong type for the contents, or otherwise failed to meet DOT specifications. The violation is about the physical condition and suitability of the package, not how you loaded it or what paperwork you had.
What our enforcement data actually shows
This code is one of the rarest violations in the FMCSR universe. Across our 13 million+ inspection records, 173.301(h) has generated only 14 all-time citations. In the last 12 months, there were zero citations for this code. In the last 90 days, there were also zero citations.
None of the 14 all-time citations resulted in out-of-service placement. The out-of-service rate for 173.301(h) is 0.0%. To put this in perspective, the all-FMCSR average OOS rate is 31.4%, meaning this code is enforced far more leniently than the typical violation. When inspectors cite this regulation, they are almost never pulling trucks off the road—they are documenting packaging defects without immediate roadside consequences.
Nationally, 173.301(h) ranks #2083 out of 3,036 FMCSR codes by citation volume, placing it in the bottom third of enforcement targets.
Who gets cited most
Our inspection records do not include state-level breakdowns for this code that meet our publication threshold. However, the carriers appearing most frequently in our 173.301(h) database are companies in the gas and underground utility sector. Antilles Gas Corporation (USDOT 183555) and Oakmont LLC (USDOT 3880306) each appear twice in the all-time data; the remaining eight carriers each have one citation.
Vehicle makes cited for 173.301(h) show a broad spread. Ford trucks account for 7 of the 14 citations, followed by Kenworth (2 citations) and various other makes including Freightliner, Peterbilt, and Volvo (1 each). The prevalence of Ford vehicles in this dataset likely reflects their overall prevalence in the trucking fleet rather than a specific defect pattern.
How severe is this compared to similar codes
Within the hazmat category, 173.301(h) sits at the lenient end of the enforcement spectrum. Compare it to peer codes in the same regulatory family:
177.834A-HMC (General loading/unloading hazmat) has generated 3,954 citations with a 99.2% out-of-service rate—nearly 300 times the citation volume of 173.301(h), and enforcement almost always results in roadside placement.
172.602(c)(1) (Maintenance/accessibility of Emergency Response information) has 1,464 citations but a 0.0% out-of-service rate, matching 173.301(h) in that respect, though it is cited far more often.
172.516(c)(6) (Placard damaged, deteriorated, or obscured) shows 1,796 citations with a 1.6% out-of-service rate—higher citation volume than 173.301(h) but still rarely resulting in roadside action.
In short, packaging defects are treated as documentation or correctability issues rather than immediate safety threats that warrant pulling a vehicle from service.
How to avoid it
To avoid a 173.301(h) citation, focus on the physical integrity and suitability of any hazmat containers on your vehicle:
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Inspect all hazmat packaging before loading. Check for cracks, leaks, dents, corrosion, or any damage that would compromise the seal or structural integrity. Do not accept a container that shows visible wear or deterioration, even if the label is intact.
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Use the correct packaging for the material. Verify that metal, plastic, or composite containers are DOT-approved and appropriate for the specific hazmat class and properties (corrosive, flammable, oxidizing, etc.). Wrong container type is a common defect.
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Confirm proper closure and sealing. Lids, caps, bungs, and valve covers must be tight and undamaged. A loose cap or a valve that does not seat fully is a packaging failure.
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Document packaging condition. Before departure, note the condition of all hazmat containers in your pre-trip inspection log. If you spot a defect, report it to your dispatcher and do not move the shipment until the container is replaced or repaired.
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Store hazmat containers upright and secure. Improper stacking or rough handling during loading can damage packaging. Secure the containers so they do not shift during transit, which could cause seams or seals to fail.
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Know your commodity. If you are hauling gas, liquids, or other hazmat, understand what container specifications apply. Gas vendors and chemical shippers provide guidance—use it.
Because this violation is so rarely cited and never results in out-of-service placement in our data, it is not a high-profile enforcement focus. However, the reason citation rates are low is that most carriers and drivers are complying. The penalty for not complying—a hazmat spill or leak in transit—far exceeds the citation itself, making proactive container inspection a matter of safety and liability, not just regulatory compliance.