FMCSR 397.13: Smoking Near Hazmat — Driver Q&A

No. Across our inspection records, 397.13 citations have resulted in an out-of-service rate of 0.0% — meaning none of the 116 all-time citations placed a vehicle out of service. This is significantly below the 31.4% all-FMCSR average OOS rate. However, the violation itself is still cited and carries CSA points, so compliance matters for your safety record even if the truck stays in operation.

A single 397.13 citation carries a severity weight of 8 CSA points. The 30-day multiplier applies: if you receive multiple citations in the same 30-day window, the points accumulate. One citation adds 8 points to your BASIC 6 (Hazardous Materials) category, which affects your Compliance, Safety, Accountability (CSA) score and your carrier's overall safety profile.

Immediate steps:

1. Do not smoke within 25 feet of any CMV carrying hazmat — the violation is strict and preventable.
2. Document the citation and keep records of the inspection.
3. Review your carrier's hazmat policies with your safety manager to clarify zones and procedures.
4. Inspect your vehicle for any related mechanical defects; our data shows 397.13 co-occurs with brake issues, lighting defects, and fire extinguisher violations in the same inspection.
5. Consider DataQs if factually inaccurate (e.g., you were cited outside the 25-foot zone).

This is a behavioral violation, not a repair requirement.

Not by enforcement frequency, but by CSA impact. Across our 13 million+ inspection records, 397.13 ranks #1378 of 3,036 FMCSR codes by citation volume (116 all-time). However, peer hazmat codes like general loading/unloading violations (177.834A) see 3,954 citations with a 99.2% OOS rate, and placarding violations (177.817a) show 2,274 citations with a 75.1% OOS rate. Your 397.13 citation is rarer but carries an 8-point severity weight, so it's not trivial.

Yes, you can file a DataQs request to challenge the citation if you believe it's factually inaccurate — for example, if you were more than 25 feet from the vehicle, or if the vehicle was not placarded for hazmat. DataQs requires supporting evidence (photos, GPS data, witness statements, or inspection records). Because 397.13 is a behavioral/observational citation (not a mechanical defect), the bar for successful challenge is whether the officer's observation was correct.

In the last 180 days, our inspection records show 397.13 citations concentrated in Texas (3 citations), Iowa (2 citations), and Illinois (2 citations). Texas accounts for the plurality, likely due to its high hazmat transport volume. The violation is rare nationwide — only 18 citations in the last 12 months across all inspections — suggesting that either driver compliance is high or enforcement is selective to specific routes or carriers.

Citations for 397.13 remain sporadic. In the last 90 days, our database shows only 3 citations. Over the past 12 months, we've recorded 18 total citations, averaging roughly 1.5 per month with no clear upward trend — citations have ranged from 1 to 3 per month depending on the month. This suggests 397.13 is enforced infrequently and reactively, not systematically.

Both. A 397.13 citation is part of the BASIC 6 (Hazardous Materials) category, which affects both your individual CSA record and your carrier's safety profile. The violation is tied to your behavior (smoking), but it also reflects on the carrier's hazmat supervision and training practices. If you're cited, it shows up in your personal violations record; if your carrier has multiple driver violations, it can flag the company for safety intervention.