What 178.338-10C means in plain language
FMCSR 178.338-10C addresses specific packaging and containment requirements for hazardous materials in transit. This regulation governs how certain hazmat shipments must be prepared, packaged, and secured to prevent leakage, spillage, or exposure during transport.
The regulation requires that hazardous materials meet specific standards for their containers, closures, and packaging materials depending on the classification of the material being transported. If your citation references this code, an inspector found that your vehicle's hazmat cargo did not meet these packaging or containment specifications—either the container itself was inadequate, the closure or sealing method was improper, or the packaging material used did not conform to DOT standards.
What our enforcement data actually shows
Across our 13 million inspection records, 178.338-10C is one of the least frequently cited hazmat violations. We have recorded only 5 all-time citations for this code, with 4 citations in the last 12 months and 1 in the last 90 days. None of these 5 citations resulted in an out-of-service (OOS) order—giving this code a 0.0% OOS rate.
This stands in stark contrast to the all-FMCSR average OOS rate of 31.4%. The data indicates that when inspectors cite 178.338-10C, they typically issue a warning or citation without immediately removing the vehicle from service. Nationally, 178.338-10C ranks #2406 out of 3,036 FMCSR codes by citation volume, reflecting how uncommon this violation is in roadside enforcement.
The rarity of this citation suggests that most carriers and drivers maintain compliant hazmat packaging. However, when violations do occur, they tend to be technical—defects in sealing, closure integrity, or material composition rather than egregious safety failures.
Who gets cited most
Our inspection records show citations for 178.338-10C concentrated in a small number of states. In the last 180 days, New Mexico and Texas each recorded 1 citation, both resulting in 0 OOS decisions. The geographic distribution is minimal, reflecting the overall low citation frequency.
Across all-time data, individual carriers appear sporadically in our records for this code. Our data shows fleets and owner-operators such as XPO Logistics Freight Inc, JK Moving & Storage Inc, and Javier Orozco Fernandez with single citations each. This pattern does not indicate systemic compliance issues among any particular carrier—rather, it reflects the isolated nature of these violations.
How severe is this compared to similar codes
Comparing 178.338-10C to related hazmat packaging and labeling violations reveals the relative mildness of this citation. General loading and unloading hazmat violations (177.834A-HMC) generated 3,954 citations with a 99.2% OOS rate, while another general hazmat loading code (177.834(a)) produced 3,839 citations with a 97.9% OOS rate. These violations are far more commonly enforced and result in near-certain out-of-service orders.
Placarding violations show mixed severity. Placard violations under 177.817(a) have a 75.1% OOS rate across 2,274 citations, while deteriorated or damaged placards (177.817(e)) have only a 5.2% OOS rate over 2,038 citations. The code most similar to 178.338-10C in enforcement outcome is 172.602(c)(1), addressing maintenance and accessibility of emergency response information, which also carries a 0.0% OOS rate. This suggests that packaging defects, when detected, are typically treated as correctable documentation or minor equipment issues rather than immediate safety threats.
How to avoid it
Based on the patterns in our inspection data, the following actions will help you maintain compliance with 178.338-10C and avoid future citations:
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Inspect hazmat containers before loading. Before accepting any hazmat shipment, verify that the container is structurally sound, free of dents, leaks, or damage. Check that all closures—caps, plugs, bungs, or seals—are properly installed and intact. Many packaging failures start with visible container damage that a thorough pre-trip inspection will catch.
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Verify closure and sealing integrity. Confirm that lids, caps, and seals are tight and properly secured according to the shipper's packaging specifications. Loose or cross-threaded closures are a common citation trigger. If you notice any gaps, missing threads, or improper fit, refuse the load and notify dispatch.
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Check packaging materials for compatibility and degradation. Ensure that the materials surrounding the hazmat container (cushioning, absorbent pads, dunnage) are appropriate for the cargo and show no signs of degradation, moisture absorption, or chemical reaction. Incompatible or deteriorated packaging materials can compromise containment.
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Cross-reference your manifest against container markings. Verify that the hazmat description on your paperwork matches the labeling and packaging of the actual load. Discrepancies between documentation and physical cargo often trigger deeper inspector scrutiny.
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Follow shipper-specific packaging protocols. Some hazmat shipments have shipper-specific instructions for packaging, positioning, or securing within the vehicle. Review these before loading and ensure compliance. If instructions are unclear, contact dispatch or the shipper for clarification.
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Perform container security checks during transport. On long hauls, stop periodically to visually confirm that containers remain upright, secure, and undamaged. Vibration and road conditions can loosen closures or shift loads; early detection prevents catastrophic failures and citations.
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Document your pre-trip inspection. Record that you inspected hazmat containers and packaging. This documentation protects you if an inspector later finds an issue and proves due diligence on your part.