What 173.40 means in plain language
FMCSR 173.40 is part of the Department of Transportation's hazardous materials regulations. This rule covers the proper handling, packaging, and transportation documentation requirements for hazardous materials that fall under DOT jurisdiction. Specifically, it addresses how shippers and carriers must prepare and present hazardous materials for transport—including labeling, packaging adequacy, and the completeness of shipping documents.
If you received a citation for 173.40, an inspector determined that hazardous materials in your load did not meet one or more of these preparation or documentation standards at the time of inspection. This could involve incorrect labeling on packages, incomplete shipping papers, packaging that doesn't meet DOT specifications for the material type, or failure to declare hazmat status properly on your documentation.
What our enforcement data actually shows
Across 13 million inspections in our database, 173.40 has generated only 1 citation all-time and 1 citation in the last 12 months. In the last 90 days, there were 0 citations. This code ranks #2796 of 3,036 FMCSR codes by citation volume—making it exceptionally rare in roadside enforcement.
Most importantly for your situation: the out-of-service rate for 173.40 is 0.0%. Of the 1 citation on record, the vehicle was not placed out of service. This is substantially lower than the all-FMCSR average OOS rate of 31.4%, meaning inspectors have not treated violations of this rule as immediate safety threats requiring removal from service.
The single citation we have on record occurred in November 2025.
Who gets cited most
Our inspection records show that Texas is the only state with a recorded 173.40 citation in the last 180 days, with 1 citation and a 0.0% out-of-service rate.
By carrier, our data shows a single citation attributed to ERENDIRA BERENICE VAZQUEZ LOPEZ (USDOT 2255788).
How severe is this compared to similar codes
173.40 sits in the Hazardous Materials category alongside other loading, placarding, and documentation rules. A direct comparison illustrates how rare enforcement is for this particular code:
- 177.834A-HMC (General loading/unloading hazmat) has 3,954 citations with a 99.2% OOS rate
- 177.834(a) (General loading/unloading hazmat) has 3,839 citations with a 97.9% OOS rate
- 177.817(a) (Placarding violation) has 2,274 citations with a 75.1% OOS rate
- 172.602(c)(1) (Maintenance/accessibility of Emergency Response information) has 1,464 citations with a 0.0% OOS rate
By volume and enforcement intensity, 173.40 is among the least-cited hazmat rules in our database. The peer codes show that when DOT inspectors do cite hazmat-related violations, they typically involve loading practices or placard visibility—issues with higher enforcement frequency and, often, higher OOS rates.
How to avoid it
Because 173.40 addresses the preparation and documentation of hazardous materials before they reach your truck, prevention centers on verifying the shipper's work and your own knowledge before departure:
- Review all shipping papers before accepting a hazmat load. Confirm that the material description, proper shipping name, hazard class, and UN number match the actual contents and packaging you see.
- Inspect packages and containers for correct labeling and placarding. Verify that all required DOT labels are present, legible, and correctly positioned. Do not assume the shipper got it right.
- Confirm packaging integrity and type. Hazmat regulations specify packaging by material type and hazard class. If a package looks damaged, degraded, or inappropriate for the stated contents, refuse the load or request clarification from the shipper.
- Keep shipping documents accessible and organized in your cab. During inspection, inspectors cross-reference your paperwork against the load. Incomplete or missing documents are common citation triggers.
- If you transport hazmat regularly, attend a DOT hazmat familiarization course or refresher. Many citations stem from simple documentation oversights that training helps prevent.
- When in doubt, contact the shipper or your dispatcher before departure. A five-minute conversation to verify a label or document beats a roadside citation.
Since 173.40 specifically addresses how materials are prepared and documented before transport, your leverage as a driver is in the pre-trip verification phase. Once you have accepted and signed for the load, responsibility is shared—but inspection failures at pickup are the clearest point to catch and prevent.