FMCSR 397.13(b) — Smoking Near Hazmat: Q&A

No. Across our 13 million inspection records, 397.13(b) citations have resulted in a 0.0% out-of-service rate. Of the 1 all-time citation for smoking or carrying a lighted cigarette, cigar, or pipe within 25 feet of a CMV containing hazmat, the vehicle was not placed out of service. This is significantly lower than the all-FMCSR average OOS rate of 31.4%, meaning this violation is treated as a warning-level finding rather than an immediate roadside enforcement action.

This violation carries a CSA severity weight of 8 points. In the 30-day rolling CSA calculation, this would be multiplied by your violation frequency. A single citation adds 8 points to your FMCSA Safety Management System (SMS) record. While not an out-of-service violation, accumulating hazmat-related violations can raise your risk profile and trigger interventions. Track your citations closely to stay under thresholds for carrier audits or compliance reviews.

Immediate steps:

1. Document the cite. Record the officer's name, badge, date, time, and exact location.
2. Review the finding. Confirm whether you were actually within 25 feet of the hazmat cargo while smoking or holding a lighted cigarette, cigar, or pipe.
3. Check your vehicle's hazmat placard and cargo. Ensure the placard is correct and complies with placarding rules.
4. Report to your carrier/dispatcher. Provide the citation details so they can update their compliance file.
5. If you contest, file a DataQs request within 90 days of the citation date with photographic or witness evidence.
6. Do not smoke near hazmat again. Even though the OOS rate is 0%, repeated violations will accumulate CSA points.

Relatively speaking, no. While 397.13(b) carries an 8-point severity weight, it has a 0.0% out-of-service rate. Compare this to peer hazmat violations in our data: general loading/unloading hazmat (177.834A-HMC) has a 99.2% OOS rate with 3,954 citations, and placarding violations (172.502(a)(1)) have an 18.5% OOS rate with 1,820 citations. 397.13(b) is one of the least-enforced hazmat codes—only 1 citation all-time—suggesting inspectors view it as a behavioral warning rather than a structural or documentation defect.

Yes. The DataQs (DataQ Request) process allows you to challenge any roadside inspection finding within 90 days of the citation date. For 397.13(b), your strongest case involves photographic evidence, witness statements, or GPS/dashcam footage showing you were not within 25 feet of the hazmat vehicle while smoking. Behavioral findings like this can be overturned if you demonstrate the inspector's measurement or observation was incorrect. File through FMCSA's WebRDR portal or contact your carrier's safety manager to initiate the challenge.

Our database shows extremely limited enforcement of 397.13(b) nationwide. Across 13 million inspections, there has been only 1 all-time citation for this code. The sole citation was linked to Southern Pines Trucking Inc (USDOT 998722). State-level data is insufficient to identify regional enforcement patterns. This suggests 397.13(b) is either rarely observed in the field or typically addressed as a warning rather than a formal citation, making it an unusual enforcement action if you receive one.

Low urgency from an enforcement standpoint. With a 0.0% out-of-service rate and 0 citations in the last 12 months, 397.13(b) is not an active enforcement priority in the FMCSA inspection program. However, the violation itself is simple to correct: do not smoke or carry a lighted cigarette, cigar, or pipe within 25 feet of any CMV carrying hazmat. The behavioral change is immediate and costs nothing. More important: ensure your carrier's hazmat training emphasizes this rule to avoid repeat citations that would accumulate CSA points.

Both. FMCSA CSA violations are recorded against both the driver and the carrier. Your 397.13(b) citation will appear on your driving record and contribute to your CSA profile (used by insurers, brokers, and regulators to assess safety risk). Simultaneously, the violation counts toward your carrier's BASIC category scores, which determine whether the company is eligible for interventions or audits. Leaving the carrier does not erase your citation history; it follows you to your next employer. Conversely, transferring carriers does not shield your current employer from the violation's impact on their safety metrics.