FMCSR 177.823: Damaged Hazmat Package Citations – Q&A

No. Across our inspection records, 177.823 citations result in an out-of-service order 0% of the time. This code carries OOS eligibility, meaning an officer has the authority to place you OOS, but enforcement data shows it is not being applied in practice. Compare this to peer hazmat loading violations like 177.834A (99.2% OOS rate) or 177.817(a) (75.1% OOS rate)—177.823 sits in a different enforcement posture. You will likely receive a citation and remain in-service to complete your run, but compliance is still mandatory.

This violation carries a CSA severity weight of 9 points. That weight is multiplied by the number of violations in a 30-day window—so one citation = 9 points, two in 30 days = 18 points, and so on. The severity weight of 9 places it in the upper-middle range for hazmat violations. For context, general hazmat loading violations (177.834A/177.834) often trigger OOS with similar or higher point weight, making this a serious mark on your safety record even without immediate out-of-service consequence.

Step 1: Confirm the vehicle is safe to continue or park. If hazmat is still loaded and damaged, do not move it without explicit shipper/carrier authorization and hazmat coordination. Step 2: Document the citation details (date, location, officer badge, exact violation description). Step 3: Notify your dispatcher and safety manager immediately—do not delay. Step 4: Preserve evidence (photos of the package, condition of vehicle/load, any weather or handling factors). Step 5: Request a copy of the inspection report from the enforcement agency within 10 days. This gives you the official record needed to contest through DataQs if you believe the citation is inaccurate.

Yes, but with an important caveat. The peer hazmat codes in the same category show a wide range: 177.834A (99.2% OOS), 177.834(a) (97.9% OOS), and 177.817(a) (75.1% OOS) are enforced much more aggressively than 177.823 (0% OOS). However, there is a related code—177.823(a), Movement of Damaged Hazmat Packages—that has been cited 1,829 times with a 51.8% OOS rate, indicating heavier enforcement in some regions. The distinction suggests regional or carrier-level variance in how officers apply this rule.

Yes. All roadside citations are eligible for challenge through the DataQs RDR (Roadside Inspection Data Quality System) if you believe the finding is inaccurate or incomplete. Submit your dispute within 90 days of the inspection. For 177.823, build your case on documentation: photos showing the package was not actually damaged at the time of loading, carrier maintenance records, shipper certifications, or weather/handling conditions that explain any appearance of damage. DataQs reviewers assess whether the officer had sufficient evidence for the violation. Success depends on the strength of your supporting documentation, not on the citation frequency.

Our records show zero citations for FMCSR 177.823 across all 13 million inspections. This code is not appearing in active enforcement at the roadside. However, the closely related code 177.823(a) (Movement of Damaged Hazmat Packages) has 1,829 all-time citations and a 51.8% OOS rate, suggesting officers may be using the subsection (a) variant instead. If you receive a citation, confirm the exact code on the violation notice—it may be listed as 177.823(a) rather than 177.823 alone.

Immediate—before moving the vehicle again. A damaged or leaking hazmat package presents immediate public safety risk: environmental contamination, driver/public exposure, and emergency response liability. Do not attempt to repack, repair, or transport the damaged package yourself unless you are a hazmat-certified handler and authorized by your carrier. Secure the vehicle, notify dispatch, and follow your carrier's hazmat incident protocol. The 0% OOS rate does not mean the violation is minor; it reflects that citations are issued after the dangerous load has already been addressed or replaced.

Both. FMCSA CSA rules assign hazmat violations (BASIC 6) to both the driver and the motor carrier. Your individual safety record and the company's carrier profile are each dinged separately. A single citation of 177.823 adds 9 CSA points to your profile and 9 to the carrier's. If you accumulate multiple violations across drivers, the carrier's hazmat BASIC score can trigger increased inspection frequency or safety audits. Work with your safety manager to understand your company's hazmat training and pre-transport package inspection procedures to avoid repeat citations.