What 397.13 means in plain language
FMCSR 397.13 prohibits smoking or carrying a lighted cigarette, cigar, or pipe within 25 feet of a commercial motor vehicle that is transporting certain hazardous materials. This 25-foot perimeter includes the area around the truck itself—not just inside the cab.
The rule exists because tobacco smoke can create ignition risk near flammable or explosive cargo. Even a small flame or spark near the wrong type of hazmat can trigger a serious incident. If you're hauling placarded hazmat, the 25-foot rule applies whether you're at a truck stop, rest area, loading dock, or anywhere else the vehicle is positioned.
The citation does not require that a fire or injury occurred—only that an inspector observed you smoking or holding a lit cigarette, cigar, or pipe within that exclusion zone around a hazmat-laden CMV.
What our enforcement data actually shows
Across 13 million roadside inspection records, we have documented 116 all-time citations for 397.13. In the last 12 months, inspectors issued 18 citations, with 3 citations in the last 90 days. This ranks 397.13 at #1378 out of 3,036 FMCSR codes by citation volume—making it a low-frequency violation nationwide.
The out-of-service rate for 397.13 is 0.0%. Out of all 116 citations in our database, zero resulted in the vehicle being placed out of service. This stands in sharp contrast to the all-FMCSR average out-of-service rate of 31.4%. The reason: a smoking violation is a driver behavior issue, not a vehicle defect. Inspectors document the infraction but typically do not impound the truck or remove it from service.
The low citation count and zero OOS rate suggest that most drivers transporting hazmat are complying with the rule, and when violations do occur, they are treated as correctable on-the-spot infractions rather than safety-critical vehicle failures.
Who gets cited most
Our inspection records show citations for 397.13 are geographically sparse. Over the last 180 days, Texas led with 3 citations, followed by Iowa and Illinois, each with 2 citations. New Mexico had 1 citation. All four states recorded a 0.0% out-of-service rate—consistent with the national pattern.
By carrier, our data shows fleets such as Greenwood Motor Lines Inc (USDOT 63391) with 6 all-time citations—the highest count in our database. Transport Magog Express 1982 Inc (USDOT 19264), Frontier Logistical Services LLC (USDOT 1535212), Quest Liner Inc (USDOT 1609038), Black Sea Transportation LLC (USDOT 2331239), and Estes Express Lines (USDOT 121018) each recorded 2 citations. The remaining carriers in the top ten had 1 citation each. These figures reflect enforcement activity in our inspection records; they do not imply systematic non-compliance by any carrier.
How severe is this compared to similar codes
Within the Hazardous Materials category, 397.13 is significantly less cited than structural placarding and loading violations. For example, general loading/unloading hazmat violations (177.834A-HMC) generated 3,954 citations with a 99.2% out-of-service rate—far more frequent and severe. Placarding violations (177.817(a)) saw 2,274 citations with a 75.1% OOS rate.
In contrast, 397.13's 116 all-time citations and 0.0% OOS rate make it one of the least-enforced hazmat rules. Codes like placarding maintenance (172.602(c)(1)) show 1,464 citations and 0.0% OOS rate—also a low-enforcement, non-removal-from-service violation similar to 397.13. The rarity of 397.13 enforcement reflects that driver smoking discipline around hazmat is generally strong.
How to avoid it
Before you load or transport hazmat:
-
Check your vehicle placard. If your truck is placarded for hazmat, mark your personal boundary: stay at least 25 feet away from the vehicle while smoking. This means stepping back past the parking space, not just moving to the driver's side.
-
Plan smoking breaks at designated areas. At truck stops and rest areas, identify smoking zones explicitly labeled as safe. When fueling or at a dock, ask dispatch or the shipper where smoking is permitted relative to your placarded vehicle.
-
Review your trip sheet. Before accepting a load, confirm you understand what cargo is on board and whether it requires placards. If placarded, assume the 25-foot rule is in effect for the entire haul.
During your pre-trip and on-dock:
-
Do a visual hazmat check. Look for placards on all four sides of your trailer. Freight Liners (FRHT) accounted for 20 of the 116 citations in our records, and Kenworths (KW) for 9—common equipment across the industry. Regardless of your make, verify placards are legible and in place.
-
Communicate with dock staff. If loading or staging near a hazmat vehicle, confirm the smoking policy with the facility manager. Co-occurring violations in our data include brake and lighting defects (393.47A, 393.9, 393.78), suggesting some 397.13 citations occur during multi-point inspections at high-traffic facilities. Stay alert to the full safety environment, not just smoking.
-
If cited, know your options. A 397.13 citation is not an out-of-service event, but it does trigger a violation record. Your carrier may impose additional safety training. Respond promptly to any fine or notice and ask your safety director whether your fleet tracks smoking infractions as part of CSA scoring.
The rule is straightforward and the enforcement rare. Respect the 25-foot perimeter when your truck carries hazmat, and you will avoid this citation.