What 177.823 means in plain language
FMCSR 177.823 addresses a straightforward but critical safety rule: you cannot transport or offer to transport any package containing hazardous materials if that package is damaged or leaking. This applies whether you discover the damage before loading, during transport, or at any point while the material is in your custody.
The regulation is part of the Department of Transportation's hazmat framework and exists because a damaged or leaking hazmat package creates immediate risk to you, your cargo, the public, and the environment. The moment you discover damage—a crack, puncture, seepage, or structural compromise—the package must be removed from service. Continuing to transport it, or accepting it for transport knowing it's compromised, violates the rule.
This is not about minor cosmetic wear. The standard is clear: if the package's integrity is compromised and hazardous material can escape, the shipment is no longer compliant for road transport.
What our enforcement data actually shows
Across our 13 million+ inspection records, we have zero citations for code 177.823 in our all-time database, zero in the last 12 months, and zero in the last 90 days. The out-of-service rate is 0.0%, reflecting the absence of enforcement activity.
This absence of citations does not mean the rule is unenforced or unimportant. It reflects either very high compliance or very limited roadside detection of this specific violation—most likely because damaged-package hazmat is caught during loading and pre-transport inspection rather than at roadside. Inspectors may identify the underlying hazmat mishandling through related codes instead.
If you are cited for 177.823, you are in an extremely small cohort. The CSA severity weight is 9, placing it in the mid-to-high range of seriousness within the hazmat category.
Who gets cited most
Because our database shows zero citations for 177.823, we cannot identify top states or carriers for this specific violation. However, this rarity suggests that if you do receive a citation, it will likely be treated as a significant enforcement event by the inspector and potentially by your carrier.
How severe is this compared to similar codes
Other hazmat-related codes show much higher citation volume. Code 177.834A (general loading/unloading of hazmat) has 3,954 citations with a 99.2% out-of-service rate. Code 177.834(a) follows closely with 3,839 citations and a 97.9% OOS rate. Code 177.823(a)—a closely named variant—shows 1,829 citations with a 51.8% out-of-service rate.
The high OOS rates on these peer codes underscore how seriously inspectors treat hazmat handling violations. Even though 177.823 itself shows zero citations in our records, the pattern among related codes indicates that damaged-hazmat violations carry severe consequences when detected.
How to avoid it
- Inspect every hazmat package before accepting it. Look for visible damage, leaks, corrosion, bulging, or structural compromise. Do not load a package you would not want in the cab next to you.
- Document pre-load condition in writing. Photograph or note the condition of high-value or suspicious hazmat shipments. This protects you if damage occurs in transit.
- Never assume the shipper did their job. You are the final gatekeeper. If a package feels, looks, or smells wrong, refuse it and report it to the carrier and shipper immediately.
- Check compatibility during multi-stop loads. If you are carrying multiple hazmat commodities, verify they are segregated correctly and none have deteriorated due to weather or handling.
- Report leaking or damaged packages to dispatch and law enforcement immediately. Do not attempt to move it further or hide it. Early reporting limits liability and environmental damage.
- Request hazmat training refresh if your carrier offers it. Most carriers require annual hazmat training; use it to stay current on package inspection best practices.