What 397.13(b) means in plain language
FSMCR 397.13(b) is straightforward: you cannot smoke or carry a lighted cigarette, cigar, or pipe within 25 feet of a commercial motor vehicle that is transporting certain hazardous materials. This applies whether you are the driver, a passenger, or anyone standing near the vehicle during loading, unloading, or transit.
The rule exists because smoking near hazmat creates an ignition risk. Many hazardous materials are flammable or otherwise reactive to open flame or heat. Even a small spark from a cigarette can cause a serious incident. The 25-foot boundary gives a safety buffer around any CMV placarded for hazmat transport.
If you are cited for 397.13(b), an inspector observed you smoking or holding a lit cigarette, cigar, or pipe within that zone while your vehicle was carrying regulated hazmat. This is a strict-liability violation—intent does not matter, and neither does whether the hazmat was in active transit or the truck was parked during a rest break.
What our enforcement data actually shows
Across 13 million roadside inspections in our database, 397.13(b) violations are exceptionally rare. We have recorded just 1 citation for this code in our all-time dataset, with 0 citations in the last 12 months and 0 in the last 90 days. That single citation was not placed out of service, resulting in a 0.0% out-of-service rate for this code.
To put that in perspective, the all-FMCSR average out-of-service rate is 31.4%. This code ranks #2796 out of 3,036 FMCSR codes by citation volume, meaning it is among the lowest-enforced regulations in the federal motor carrier safety rulebook.
The rarity of enforcement does not mean the rule is not important—it means that most drivers and carriers comply so well that inspectors rarely encounter violations. However, when a violation does occur, you should understand what triggered it and how to prevent it in the future.
Who gets cited most
Our inspection records show that 397.13(b) citations are so infrequent that meaningful state-by-state or carrier-by-carrier analysis is not possible from current data. The single citation in our database was issued to a vehicle operated by a carrier in our system, but the volume is too low to identify patterns or trends across fleets or jurisdictions.
This underscores an important message: if you have been cited for 397.13(b), you are part of an extremely small cohort. The violation is not endemic to any particular region or carrier type—it appears to be an isolated enforcement event.
How severe is this compared to similar codes
397.13(b) falls under the Hazardous Materials category within FMCSR. When we compare it to related hazmat violations in our database, the contrast is striking.
General loading and unloading violations (codes 177.834A and 177.834(a)) combined account for 7,793 citations with out-of-service rates of 99.2% and 97.9%, respectively. Placarding violations under 177.817(a) generated 2,274 citations with a 75.1% out-of-service rate. Movement of damaged hazmat packages (177.823(a)) produced 1,829 citations with a 51.8% out-of-service rate.
In contrast, 397.13(b) has generated just 1 citation with a 0.0% out-of-service rate. This suggests that while the regulation is firm and absolute in its terms, practical enforcement is almost nonexistent. Your citation, if issued, represents a strict compliance violation that an inspector identified at roadside—but it is not a pattern in the hazmat enforcement landscape.
How to avoid it
Preventing a 397.13(b) citation requires discipline and awareness, especially during rest breaks and refueling stops when a hazmat load is aboard.
Before you load hazmat:
- Confirm your vehicle is properly placarded and that you understand which hazmat categories are on board.
- Brief yourself on the 25-foot no-smoking perimeter—this includes the cab, the cargo area, and any space immediately surrounding the truck.
During loading and unloading:
- Never smoke, even if standing outside the cab. If you are within 25 feet of the vehicle, assume the restriction applies.
- If you work with ground personnel or drivers from other carriers during multi-stop deliveries, remind them of the rule as well. A citation applies to anyone smoking in that zone, not just the registered operator.
During transit and rest breaks:
- If you need to smoke, move at least 25 feet away from your vehicle before lighting up. Measure this distance mentally or use a landmark (roughly eight car lengths).
- If you are parked at a truck stop or rest area, walk far enough away that you are clearly beyond the hazmat perimeter before smoking.
- Be aware of your surroundings—a fellow driver or lot attendant smoking near your placarded vehicle can trigger an inspector citation for that person, and you may be questioned or cited as the vehicle operator.
Pre-trip inspection habit:
- Include a mental note of your hazmat load status in your pre-trip routine. If you are carrying hazmat, the no-smoking rule is active for the entire trip, regardless of whether you are moving or stopped.
Compliance with 397.13(b) is ultimately about risk management and safety culture. The rule is designed to prevent catastrophic fires and explosions. By respecting the 25-foot boundary, you protect your cargo, yourself, other motorists, and the integrity of your safety record.