What 177.823(a) means in plain language
FMCSR 177.823(a) prohibits you from transporting or offering to transport any package of hazardous materials that is damaged or leaking. This is one of the few hazmat violations where the condition of the package itself—not paperwork or labeling—is the focal point of enforcement.
When an inspector discovers a damaged or leaking hazmat package during a roadside inspection, they are enforcing this rule. The damage could be a hole, crack, visible corrosion, or any breach that allows contents to escape or creates a risk of escape. A leaking package is self-evident: the hazmat is actively escaping the container. Neither condition is permissible, regardless of whether the leak is small or the damage appears minor.
Your responsibility begins before you accept a shipment. Pre-trip inspection of hazmat loads is critical. If a package shows signs of damage during your walk-around or if you discover a leak en route, you must not move that vehicle. Report it to your dispatcher and the shipper immediately.
What our enforcement data actually shows
Across our 13 million+ inspection records, 177.823(a) has generated 1,829 all-time citations, ranking it #553 out of 3,036 FMCSR codes by citation volume. However, the severity of enforcement is notably high: our data shows a 51.8% out-of-service rate for this violation, which is substantially higher than the all-FMCSR average of 31.4%.
This means that roughly 1 in 2 citations for this code result in your vehicle being placed out of service. Over the all-time dataset, 947 instances resulted in an OOS placement, while 882 did not. That 20-percentage-point gap above the national average reflects the hazardous nature of the violation—damaged or leaking hazmat poses immediate risk to public safety.
Recent enforcement volume has been low. In the last 90 days, we recorded zero citations for 177.823(a). In the last 12 months, we recorded zero citations. This suggests either a significant drop in enforcement or a real decline in violation prevalence. Either way, the historical data shows this is a violation that, when cited, triggers a high likelihood of OOS action.
Who gets cited most
Our inspection records do not break out citation frequency by state in the data provided, so we cannot identify the top three states by name. However, we can note the carriers most frequently cited for this violation across all-time records.
Greenwood Motor Lines Inc (USDOT 63391) has the highest citation count at 32 citations for 177.823(a). Estes Express Lines (USDOT 121018) follows with 25 citations. XPO Logistics Freight Inc (USDOT 241829) has 19 citations. These fleets operate large networks and handle substantial hazmat volumes, which correlates with higher citation exposure. The presence of these carriers in our data does not imply negligence; rather, it reflects their operational scale and the frequency with which their vehicles encounter roadside inspection.
How severe is this compared to similar codes
Within the Hazardous Materials category, 177.823(a) sits in the middle range of enforcement severity. Two peer codes show dramatically higher citation volume and OOS rates:
177.834A-HMC (General loading/unloading hazmat) has 3,954 citations with a 99.2% OOS rate, and 177.834(a) (General loading/unloading hazmat) has 3,839 citations with a 97.9% OOS rate. Both are enforcement powerhouses, and both nearly guarantee an out-of-service placement.
By contrast, 177.817(e) (Placard deteriorated/damaged) has 2,038 citations but only a 5.2% OOS rate. That code addresses visual condition of placards, which is far less likely to trigger roadside removal than actual hazmat package damage.
Your 51.8% OOS rate places 177.823(a) significantly above codes focused on paperwork and labeling (like 172.502(a)(1) at 18.5% OOS), but well below codes addressing the mechanics of loading and unloading hazmat (which routinely exceed 97% OOS rates).
How to avoid it
Before you accept a hazmat load:
- Walk the entire perimeter of every hazmat package or pallet. Look for holes, cracks, dents, corrosion, visible staining, or any breach in the container.
- Check the seals, lids, and caps. If any are loose, open, or compromised, refuse the load.
- Verify that the package matches the hazmat documentation. Mismatched commodity and container can mask damage risk.
- If you see any red flags, contact your dispatcher and the shipper before the load leaves the facility.
During your trip:
- Stop periodically to visually confirm all packages remain intact, especially if you are transporting liquids or gases that can leak under pressure or temperature changes.
- If you detect a leak or new damage, stop immediately. Do not continue to your destination. Call your dispatcher and local hazmat response if the leak is active.
- Never attempt to patch, tape, or repair a damaged hazmat package yourself.
Vehicle-specific attention:
- Freightliner and Kenworth trucks represent 183 and 81 citations respectively in our dataset for this violation. If you operate a Freightliner or Kenworth, pay extra attention to how your cargo is secured and whether the vehicle's suspension, flooring, or side walls have any cracks or damage that could compromise packages.
- Ensure your vehicle's tie-down systems are secure and that packages cannot shift or rub against the cargo area during transit.
The 51.8% out-of-service rate means this citation is one of the likeliest to pull you off the road. Prevention at the point of acceptance is your best defense.