What 397.13(a) means in plain language
FMCSR 397.13(a) is a fire-prevention rule. It forbids you from smoking or carrying a lighted cigarette, cigar, or pipe within 25 feet of any commercial motor vehicle that is loaded with certain hazardous materials. The rule exists because smoking creates an ignition source near flammable cargo—a serious safety risk.
The 25-foot perimeter is measured from the outside edge of the vehicle. It applies whether the engine is running or the vehicle is parked. If your truck is placarded for hazmat and you light up anywhere in that zone, you are in violation. This includes outside the cab, near the fuel cap, or near cargo doors—essentially, you cannot smoke anywhere near the vehicle until you are at a safe distance.
The regulation applies to driver-operators and any other person in that zone. If you own an independent truck or work for a fleet, you bear responsibility for staying compliant when hauling hazmat loads.
What our enforcement data actually shows
Across our 13 million+ roadside inspection records, FMCSR 397.13(a) has been cited 12 times all-time. In the last 12 months, we recorded zero citations. In the last 90 days, enforcement volume was also zero. This makes 397.13(a) a rarely cited violation, ranking #2132 out of 3,036 FMCSR codes by citation frequency.
None of the 12 all-time citations resulted in an out-of-service order. That is, the OOS rate for 397.13(a) is 0.0%. By contrast, the all-FMCSR average OOS rate is 31.4%. This lower rate reflects the fact that smoking near hazmat, while a safety violation, does not typically trigger immediate vehicle removal from service. However, rarity of enforcement should not be confused with absence of risk—the rule exists precisely because the hazard is severe.
Who gets cited most
Our inspection records show individual carriers and drivers scattered across the citation history. The top carriers cited under 397.13(a) each have only one citation in our all-time database: Greenwood Motor Lines Inc, M G Oil Co Inc, Whatley Oil & Auto Parts Co, XPO Logistics Freight Inc, Aggressive Transport Ltd USA, Breckenridge Trucking Inc, Putnam Trucking Operations Company Inc, Hunting Titan Inc, Basin Transportation LLC, and Ecoshield Transport LLC. Because citations are so infrequent, no single carrier dominates, and no geographic pattern is strong enough to identify in the data.
Vehicle makes cited under 397.13(a) include Freightliner (5 citations), Peterbilt (2), Heil Co. (2), Kenworth (2), and several others with one each. Freightliner equipment accounts for the largest share, but this likely reflects the general prevalence of Freightliners in the hazmat fleet rather than a specific vulnerability.
How severe is this compared to similar codes
Other hazardous materials violations in the FMCSR are cited far more often and result in out-of-service orders at much higher rates. For example, general loading and unloading violations under 177.834(a) have been cited 3,839 times with a 97.9% OOS rate—meaning nearly all inspectors remove the vehicle from service. Placarding violations under 177.817(a) have 2,274 citations with a 75.1% OOS rate. Even more lenient peer codes, such as placard damage under 172.516(c)(6), show 1,796 citations and a 1.6% OOS rate.
In context, 397.13(a) is substantially less frequent and less severe in enforcement outcome than most other hazmat-category violations. This does not mean it is unimportant—it means that inspectors encounter loading and placarding defects far more often than they witness smoking near hazmat, and those defects trigger immediate service withdrawal.
How to avoid it
The rule is straightforward: do not smoke within 25 feet of your hazmat-loaded truck at any time. Here are concrete steps:
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Before loading: Confirm your truck is placarded correctly. Understand which loads trigger the 25-foot smoking restriction. Review your carrier's hazmat policy and your pre-trip checklist.
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During your pre-trip inspection: Walk the full perimeter of the vehicle. Identify fuel caps, cargo doors, and other points where ignition risk is highest. Make a mental note of the 25-foot zone.
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During breaks and waits: If you need to smoke, move at least 25 feet away from the truck in all directions. If you are unsure of the distance, move further. Many rest stops and truck stops have designated smoking areas—use them.
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Communicate with team members: If you work with co-drivers, loaders, or dock personnel, remind them of the rule. A single person smoking near your truck while you are resting creates liability for the entire load.
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Night shifts and adverse weather: It is easy to forget the rule when visibility is low or you are tired. Set a personal alarm or habit—step away from the vehicle, fully, before lighting up.
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Refueling: Never smoke at the fuel island or within 25 feet before or after refueling. Fuel vapors are an additional ignition hazard.
The rule exists because hazmat fires are catastrophic. Enforcement is rare, but non-compliance carries enormous public-safety and legal consequences. Staying outside the 25-foot zone is one of the simplest and most critical hazmat-driver habits to maintain.