What happens when cited for smoking within 25 feet of a hazmat load? Direct answers on out-of-service risk, CSA points, and next steps based on 13M inspection records.
Ranks #2,154 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.0% is below the FMCSR-wide average of 33.3%.
Smoking or carrying a lighted cigarette, cigar, or pipe within 25 feet of a CMV containing certain hazardous materials.
Direct answers grounded in TruckCodex inspection data
No. Across our 13 million inspection records, zero out of 12 all-time citations for 397.13(a) resulted in an out-of-service order — a 0.0% OOS rate. This is substantially lower than the 31.4% average OOS rate across all FMCSR codes. You will receive a citation and CSA points, but your truck will not be placed out of service on the spot. Your focus should be immediate compliance and addressing the violation in writing to your carrier.
This violation carries a CSA severity weight of 8 points. Your carrier will record this in the Safety Management System under the Hazardous Materials BASIC. The 30-day rolling window means if you receive another citation within 30 days, points accumulate. A single citation is manageable, but repeated violations within a month will compound your CSA impact and may trigger carrier corrective action or training requirements.
Take these steps immediately:
Relative to other hazmat citations, 397.13(a) is moderately serious. Our inspection data shows peer violations in the same Hazardous Materials category carry far higher OOS rates: general loading/unloading violations (397.834a) sit at 99.2% OOS, and placarding violations (397.817a) at 97.9% OOS. Your 0.0% OOS rate means inspectors view it as a conduct violation, not an equipment defect. However, it still ranks #2132 of 3,036 FMCSR codes by citation volume, so it is not rare—just not typically grounds for roadside removal.
Yes, you can file a DataQs (Corrective Action and Remedial Operations, or CARO) challenge within 90 days of the citation date. DataQs contestation works best when the citation is based on factual error—for example, if the officer misidentified the hazmat commodity or miscalculated the distance. Because this is a conduct-based violation (your actions, not equipment), you'll need documentary evidence (video, witness statements, or hazmat bill of lading showing distance was compliant). Work with your carrier's compliance team to gather evidence and submit through the FMCSA portal.
This violation is extremely rare in enforcement. Our database shows only 12 all-time citations for 397.13(a) across 13 million inspections. Over the last 12 months and last 90 days, we recorded zero citations. This suggests either near-universal compliance or very low inspection focus on smoking-near-hazmat enforcement. As a driver, this is good news: the rule is clear, and most drivers avoid the violation.
Our inspection records show 10 carriers, each with one citation, spanning diverse company types and sizes. They include Greenwood Motor Lines Inc, XPO Logistics Freight Inc, and Hunting Titan Inc. No single carrier shows a pattern, which suggests 397.13(a) citations are isolated incidents rather than systemic compliance failures. If you drive for one of these carriers, ask your safety manager whether they've implemented additional training or monitoring to prevent repeat violations.
Hazmat violations record against both the driver and the carrier in the FMCSA Safety Management System. The citation appears on your Motor Carrier Safety Management (CSA) record and your carrier's record under the Hazardous Materials BASIC. Your carrier may use it in performance reviews or required training, and a second violation within 30 days compounds the damage to both profiles. Address it proactively with your carrier and ensure it does not repeat.
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