Loading hazardous materials on the rear of a trailer for purposes of inspection
Pipeline and Hazardous Materials Safety Administration · Oct 17, 2008 · Reference No. 08-0133
Interprets: 49 CFR § 177.802
Reggie’s quick take
A company that ships hazardous materials by its own fleet asked whether the rules require loading those shipments at the rear of a trailer so police can inspect them. PHMSA said no. Nothing in the Hazardous Materials Regulations requires hazmat shipments to be placed at the rear of a transport vehicle. Under § 177.802, a motor carrier must make hazmat-related records, equipment, packagings and containers available for inspection by a duly authorized federal representative. That section does not give local officers the right to order a trailer unloaded to reach a shipment.
Written by AI (Claude) on Oct 22, 2026. Robots make mistakes and leave things out, so the letter below is what counts. Not legal advice.
This responds to your letter dated April 30, 2008, regarding requirements under the Hazardous Materials Regulations (HMR; 49 CFR, Parts 171-180) that apply to loading hazardous materials on the rear of a trailer for purposes of inspection.
You provided the following scenario:
Wal-Mart regularly transports hazardous material commodities by its private fleet. Frequently, local law enforcement will stop Wal-Mart vehicles and request that the drivers make hazardous material shipments available for inspection. Many times Wal-Mart is unable to comply because the hazardous material shipment may be loaded anywhere throughout the trailer with multiple general merchandise shipments loaded behind it. Local law enforcement takes the position that the hazardous material shipment should be loaded on the rear of the trailer. Since the shipment is not on the rear, the Officer will direct the Wal-Mart driver to the nearest rest stop location, citing 49 CFR 177.802, and order that the trailer be unloaded so that the Officer can view the shipment. This causes Wal-Mart considerable hardship from both an economic and productivity standpoint. It is your understanding that 49 CFR 177.802 does not require loading of hazardous materials shipments on the rear of a trailer for inspection.
Your understanding is correct. Nothing in the HMR specifies that hazardous materials shipments must be loaded on the rear of a transport vehicle. In accordance with 49 CFR 177.802, records, equipment, packagings and containers under the control of a motor carrier, insofar as they affect safety in transportation of hazardous materials by motor vehicle, must be made available for examination and inspection by a duly authorized representative of the Department.
A letter of interpretation applies the regulations to the facts the requester described. It isn’t a regulation and isn’t legal advice. The agency’s copy.