FMCSR 173.35(a): Intermediate Bulk Container Requirements Q&A

No. Across our 13 million inspection records, 173.35(a) has never resulted in an out-of-service placement—0% OOS rate all-time. All 5 citations in our database were issued without an OOS order. However, this is significantly lower than the 31.4% all-FMCSR average OOS rate, so while this particular violation carries lower immediate enforcement severity, intermediate bulk container deficiencies still warrant prompt correction to avoid escalation on future inspections.

173.35(a) is rarely cited. Our inspection records show only 5 all-time citations, with zero citations in the last 12 months and zero in the last 90 days. This code ranks #2406 of 3,036 FMCSR codes by citation volume, making it one of the least-enforced hazmat regulations. The rarity of enforcement does not mean the requirement is unimportant—it reflects that most carriers and drivers maintain compliant intermediate bulk container setups.

First, photograph and document the citation details. Second, review your intermediate bulk container(s) for the specific deficiency listed on the citation. Third, contact your carrier's hazmat compliance officer or safety manager immediately—do not delay. Fourth, repair or replace the container before your next haul. Finally, retain the citation record; if you believe the inspection was in error, you have the right to contest through the DataQs Roadside Dispute Resolution process within 30 days of the citation date.

173.35(a) is less severe than major hazmat loading violations. Peer codes in the hazmat category show dramatically higher enforcement frequency and OOS rates: 177.834A (general loading/unloading) has 3,954 citations with 99.2% OOS rate, and 177.817(a) (placarding violations) has 2,274 citations with 75.1% OOS rate. By contrast, 173.35(a)'s 0% OOS rate indicates inspectors treat intermediate bulk container deficiencies as correctable documentation or minor configuration issues rather than immediate safety threats requiring removal from service.

Yes, you can contest any roadside citation through the DataQs Roadside Dispute Resolution (RDR) process. Submit your challenge within 30 days of the citation date through your carrier's Safety Management Consultant or directly via the FMCSA DataQs portal. Include photos, maintenance records, or documentation showing the container met requirements at the time of inspection. Contestation success depends on whether the violation was a documentation error versus a genuine equipment defect; equipment findings are harder to overturn than paperwork discrepancies.

According to our inspection records, EAGLE TECH LLC (USDOT 2139511) has received 2 citations for 173.35(a)—the highest of any carrier tracked. E C M TRANSPORT LLC, RHENIUM LUBRICANTS AND SPECIALITY CHEMICALS LLC, and S RUMI ENTERPRISES LLC each have 1 citation. The total volume is low (5 all-time), so carrier-level patterns are not yet statistically meaningful. Most carriers avoid this violation entirely.

Fix it before your next hazmat haul. While 173.35(a) carries a 0% OOS rate and enforcement has dropped to zero citations in the last 90 days, intermediate bulk container compliance is a direct DOT requirement for hazmat transport. An uncorrected deficiency on a second inspection could result in a more serious citation or carrier-level compliance review. Address it within 30 days—sooner if you regularly haul hazmat.

173.35(a) violations are recorded against both the driver and the carrier under FMCSA's Compliance, Safety, Accountability (CSA) system. The citation goes into your Safety Management file and your carrier's record in the Safety event BASIC category. If you drive for a fleet, your carrier's safety manager is responsible for correction and prevention; if you own your own authority, you own both the citation and the remediation obligation. Either way, retain documentation of the fix for future audits.