What 397.13B-HMDP means in plain language
FMCSR 397.13B-HMDP prohibits smoking or carrying a lighted cigarette, cigar, or pipe within 25 feet of a commercial motor vehicle loaded with certain hazardous materials. The 25-foot radius is a safety perimeter designed to eliminate ignition sources near cargo that may be flammable, oxidizing, or otherwise reactive.
This rule applies whether you're inside the cab, standing beside the vehicle, fueling, or loading. The hazard materials covered include flammable liquids, gases, oxidizers, and other regulated substances as defined in the Department of Transportation's hazardous materials regulations. If you or anyone near your truck is smoking within that zone while carrying hazmat, the citation applies.
The intent is straightforward: reduce fire and explosion risk. Even a small spark from a cigarette can ignite certain cargo, creating a catastrophic incident. Roadside inspectors watch for this violation during inspections of hazmat-carrying trucks, and citations are issued when smoking is observed or reported by the driver.
What our enforcement data actually shows
Across our 13 million+ inspection records, smoking near hazmat is exceptionally uncommon. We have recorded 17 all-time citations for 397.13B-HMDP, with 11 citations in the last 12 months and 3 in the last 90 days. This code ranks 2011th out of 3,036 FMCSR codes by citation volume.
None of the 17 citations on record resulted in an out-of-service order—the OOS rate is 0.0%. For context, the all-FMCSR average OOS rate is 31.4%, meaning this violation is treated as a recordable citation but rarely triggers immediate vehicle removal from service. This suggests that inspectors view smoking-near-hazmat violations as documentation issues or momentary lapses rather than systemic safety failures.
The low monthly frequency (1–2 citations per month over the past 12 months) indicates that this violation is either rare in actual roadside practice or that most drivers comply reliably once they understand the rule.
Who gets cited most
Our data shows citations distributed across multiple states with no single hotspot. In the last 180 days, citations appeared in Kentucky, Michigan, Missouri, Montana, South Carolina, and one citation at the U.S. border. Each of these states recorded 1 citation, all with a 0.0% OOS rate.
Among carriers, our records show fleets such as THE LANE CONSTRUCTION CORPORATION, SEABOARD ASPHALT PRODUCTS COMPANY, and ALL CHEMICAL TRANSPORT CORP with single citations each. No carrier pattern emerges—the data reflects isolated incidents rather than systemic fleet-level issues. The geographic and carrier scatter suggests citations are driven by inspector vigilance and individual driver behavior rather than regional or carrier-wide compliance gaps.
How severe is this compared to similar codes
Hazmat-related violations span a wide severity range. General loading and unloading hazmat violations (177.834A-HMC) generated 3,954 citations with a 99.2% OOS rate, placing cited trucks immediately out of service. Placarding violations (177.817(a)) resulted in 2,274 citations with a 75.1% OOS rate. Movement of damaged hazmat packages (177.823(a)) saw 1,829 citations with a 51.8% OOS rate.
By comparison, smoking near hazmat sits at the low end. With 17 all-time citations and 0.0% OOS rate, it is far less frequently cited and far less likely to trigger immediate vehicle removal than loading, placarding, and damaged-cargo violations. However, other hazmat codes like maintenance of emergency response information (172.602(c)(1)) also show 0.0% OOS rates despite 1,464 citations, indicating administrative or documentation citations in the hazmat category can be non-removal-level violations. The smoking rule is enforced as a safety citation, but the consequence architecture suggests it is viewed as correctable behavior rather than an imminent hazard.
How to avoid it
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Establish a no-smoking zone before loading. If your truck is carrying hazmat, designate a 25-foot perimeter and enforce it verbally with any workers, other drivers, or personnel present. Brief them on the rule before fueling or loading begins.
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Never smoke in the cab with hazmat on board. Even a parked truck with hazmat cargo is off-limits for smoking. Step at least 25 feet away from the vehicle, and confirm the cargo is hazmat before lighting up.
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Comply during stops and breaks. Our co-occurrence data shows that smoking-near-hazmat violations sometimes appear alongside window obstruction, inoperable lamps, and tire defects, suggesting cited drivers may have been rushing or distracted. Take your break properly; do not smoke while conducting or planning to conduct work near the vehicle.
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Know your cargo. Confirm with your shipper and paperwork which commodities require hazmat placarding. If placard is present, assume the 25-foot rule applies. This is especially critical for liquid and gas haulers, where the data shows Peterbilt and similar tanker makes are frequently cited.
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Remind riders and co-drivers. If a passenger or co-driver is in the vehicle or nearby, make clear the smoking rule applies to them as well. One citation in our data co-occurred with a CDL-related violation, suggesting shared confusion about who can be present and smoking.
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Pre-trip inspection includes the zone. Before you hook a hazmat load, visually sweep the 25-foot area for any smoking personnel or ignition sources. Report unsafe conditions to dispatch or the shipper.
The rarity of this citation (3 in 90 days nationwide) suggests most drivers handle it correctly. The zero out-of-service rate means a citation is not a vehicle-removal event, but it will still appear on your record and factor into CSA severity scoring. The best practice is simple: do not smoke within 25 feet of hazmat cargo, period.