What 177.823A means in plain language
FMCSR 177.823A prohibits you from transporting—or even offering to transport—a package of hazardous materials that is damaged or actively leaking. This is a hard-stop rule. If a hazmat shipment shows visible damage, a leak, or any sign of package failure before you load it or while it's in your cargo area, you cannot move it.
The regulation exists because a damaged hazmat container is unpredictable. What was safely sealed can rupture further during acceleration, braking, or a pothole. A leak that looks minor at the dock can become dangerous after 50 miles on the highway. Federal inspectors treat this violation seriously because a breach can expose drivers, the public, and emergency responders to chemical, radioactive, or corrosive materials.
Your responsibility is clear: inspect the package before accepting it, reject it if you see damage, and report the damage to your dispatcher and the shipper. If you discover damage en route, you are required to stop and handle it according to hazmat rules—not continue to your destination.
What our enforcement data actually shows
Across our database of 13 million+ roadside inspections, we recorded 366 all-time citations for 177.823A, including 257 in the last 12 months and 59 in the last 90 days. This code ranks #1022 out of 3,036 FMCSR codes by citation volume—a mid-range violation, but one that carries serious weight.
The out-of-service rate for 177.823A is 69.1%. That means nearly 7 out of 10 times an inspector cites this code, the vehicle is placed out of service immediately. This is more than double the all-FMCSR average OOS rate of 31.4%. When an inspector finds a damaged hazmat package, they do not issue a warning and let you continue; they stop your truck.
The trend over the past 12 months shows enforcement is variable but active. In the last quarter alone (January–March 2026), we saw 78 citations across those three months. The highest month was December 2025 with 54 citations and a 90.7% OOS rate, indicating very strict enforcement during winter shipping seasons.
Who gets cited most
Our inspection records show that Texas dominates the enforcement landscape, with 130 citations in the last 180 days and an 88.5% OOS rate. Iowa follows with 19 citations and a 57.9% OOS rate, and Illinois has 18 citations with a 72.2% OOS rate. The variation across these top states is material: Texas drivers face an OOS rate 16.3 percentage points higher than Iowa, suggesting either stricter inspection practices in Texas, higher non-compliance, or more hazmat throughput in that corridor.
Data on individual carriers shows our inspection records include fleets such as Brandon Salazar Snowball (USDOT 4410818) with 12 citations and Jose Santos Cuellar Herrera (USDOT 4418657) with 6 citations. These numbers reflect the carriers most frequently cited for this violation in our database, not an implication of ongoing negligence—citation frequency can reflect volume of hazmat shipments, routing patterns, and inspection exposure.
How severe is this compared to similar codes
Within the Hazardous Materials category, 177.823A sits in the middle of the severity spectrum. The most cited hazmat codes are 177.834A (General loading/unloading hazmat) with 3,954 citations and 99.2% OOS rate, and 177.834(a) with 3,839 citations and 97.9% OOS. These are far more frequent and almost always result in an out-of-service order.
At the other end, 177.817(e) (Placard deteriorated/damaged) has 2,038 citations but only a 5.2% OOS rate, making it a minor infraction. In the broader related category, 177.823(a)—which shares the same code number in the database—shows 1,829 citations with a 51.8% OOS rate, slightly lower than the 177.823A rate you were cited under. Placarding violations like 177.817(a) have 2,274 citations and a 75.1% OOS rate, placing them in similar enforcement intensity to your citation.
How to avoid it
Prevent a 177.823A citation with these concrete, pre-trip actions:
-
Inspect every package before loading. Walk around each hazmat shipment. Look for cracks, dents, rust, stains, weeping, or any visible damage to the container itself. Do not load if you see anything suspect. Take a photo and report it to your dispatcher before you accept the load.
-
Check placarding and labeling in tandem. Our data shows 177.817A (Placarding violation) co-occurs in 23 of the last 90 days' 177.823A citations. A package without proper placards is often a sign of improper handling or storage. If the placard is missing, obscured, or incorrect, the shipper may have mishandled the package too—inspect more carefully.
-
Verify shipping papers match the cargo. Hazmat shipping papers missing or inadequate (172.200A) co-occurred in 10 recent inspections with 177.823A citations. If the paperwork is incomplete or vague, you have less confidence in the package integrity. Ask the shipper for clarification before departure.
-
Secure loads properly during transport. Our records show 393.67 (Tires—other defects) and 393.9 (Inoperable required lamp) often appear alongside 177.823A. Poor vehicle condition can contribute to rough handling of cargo. Ensure your truck is mechanically sound, including suspension and brakes, to minimize shock and vibration that could rupture a marginal package.
-
Know the English language proficiency requirement if you cross borders. 391.11B2-Z (English language proficiency) co-occurred in 13 recent inspections. If you haul hazmat across state or international borders, ensure you can communicate with shippers, responders, and inspectors about package condition and emergency protocols.
-
If you discover damage en route, stop immediately. Do not drive to the next exit or the destination. Pull over safely, contact your dispatcher and the hazmat response team, and follow your carrier's emergency procedures. The longer you move a damaged hazmat package, the higher the violation severity and the greater the liability.