What 397.13A-HMDP means in plain language
This citation covers smoking or carrying a lighted cigarette, cigar, or pipe within 25 feet of a commercial motor vehicle that is transporting certain hazardous materials. The regulation exists because smoking near hazmat creates an ignition risk—even a small flame or spark can be catastrophic if the vehicle's cargo is flammable or explosive.
The 25-foot perimeter is strict. It applies whether you're inside the cab, standing next to the vehicle during a stop, or anywhere else within that boundary. If your truck is placarded for hazmat and you light up anywhere in that zone, you're in violation. The citation is issued at roadside by FMCSR enforcement officers during vehicle inspections.
What our enforcement data actually shows
Across 13 million roadside inspections in our database, we have recorded 88 all-time citations for 397.13A-HMDP. In the last 12 months, that number was 44 citations. Over the past 90 days, we saw 5 citations issued for this violation.
The most important fact for your situation: this code has a 0.0% out-of-service rate. Not a single citation in our records resulted in the vehicle being placed out of service. This stands in stark contrast to the all-FMCSR average out-of-service rate of 31.4%. In other words, enforcement agencies are not using this violation as grounds to ground your truck. You will not lose revenue or operational time due to an out-of-service order.
This is a relatively low-volume violation by FMCSR standards. 397.13A-HMDP ranks #1459 out of 3,036 tracked FMCSR codes by citation volume. That means it is not a common citation, but it is enforced consistently when officers observe it.
Who gets cited most
Our inspection records over the last 180 days show citations concentrated in a small number of states. Missouri leads with 5 citations, followed by Georgia with 3. Oklahoma, Florida, Michigan, and Ohio each had 2 citations. All other states in the dataset had 1 or fewer.
The out-of-service rate remains 0.0% across all of these states—no regional variation in enforcement severity.
By carrier, our data shows fleets such as Greenwood Motor Lines Inc and Sultan Trans Inc each with 3 citations across their fleet history. No pattern of carrier-specific enforcement or higher citation rates emerges from the data; these are isolated incidents across different companies.
How severe is this compared to similar codes
This violation sits in the hazardous materials category alongside many more serious infractions. For comparison:
- 177.834A-HMC (General loading/unloading hazmat) has 3,954 citations with a 99.2% out-of-service rate. Drivers cited for improper loading or unloading of hazmat face nearly certain out-of-service orders.
- 177.817(a) (Placarding violation) has 2,274 citations and a 75.1% out-of-service rate. Missing or improper placards trigger frequent out-of-service enforcement.
- 172.602(c)(1) (Maintenance/accessibility of Emergency Response information) has 1,464 citations and a 0.0% out-of-service rate, matching 397.13A-HMDP in terms of OOS consequences, though it is cited far more often.
Your citation is one of the lower-severity hazmat violations in terms of enforcement consequence, even though it addresses a real safety risk.
How to avoid it
The solution is straightforward: do not smoke within 25 feet of your vehicle when it is carrying hazmat.
- Designate a smoking area at rest stops or terminals that is clearly more than 25 feet away from any hazmat load. Measure it if you are unsure.
- Know your placarding. Before you light up during any break, confirm whether your cargo requires hazmat placarding. If placards are present, smoking is prohibited within the perimeter.
- Brief your team. If you operate as a team driver or manage other drivers, ensure everyone understands the rule. Our co-occurring violation data shows that some citations for 397.13A-HMDP occur alongside other compliance issues (seat belt failures, lamp malfunctions, speeding). Reinforcing hazmat safety protocols as part of broader pre-trip and rest-area conduct reduces overall violation risk.
- Pre-trip inspection habit. Before accepting a hazmat load, verify placarding is correct and visible. A placarded vehicle is a non-smoking zone within 25 feet. Make that automatic.
- Vehicle type awareness. Freightliners, Volvo trucks, and Kenworths make up the majority of cited vehicles in our database—not because they are less safe, but because they are common in hazmat transport. If you operate one of these vehicles, be extra vigilant.
The good news is that this citation, while a compliance hit, does not trigger immediate out-of-service status. However, it does accrue as a violation on your safety record and contributes to CSA severity points. One citation is manageable; repeated citations over time compound your regulatory risk. The easiest prevention step is the most obvious one: step outside the 25-foot zone before you smoke.