FMCSR 397.13B-HMDP: Smoking Near Hazmat—Driver Q&A

No. Across our 13 million inspection records, the 0.0% out-of-service rate for 397.13B-HMDP means this citation does not result in immediate vehicle removal. All 17 all-time citations for this violation remained in-service. This stands in sharp contrast to the 31.4% average out-of-service rate across all FMCSR codes, making 397.13B-HMDP one of the least severe violations enforced at roadside.

This violation carries a CSA severity weight of 8 points. Your 30-day CSA score multiplies this weight by inspection frequency in that window. Since our records show only 11 citations in the last 12 months nationally, you're unlikely to see this violation frequently in your BASIC score. However, every point counts—stack this with other violations and your score rises quickly.

1. Stop smoking or carrying lit tobacco within 25 feet of any hazmat load immediately.
2. Review your hazmat loads before every trip and identify the 25-foot no-smoking zone.
3. If cited alongside other violations (our data shows co-occurrences with CDL status, texting, and lamp issues), address those separately and document corrections.
4. Request a Level III inspection report from the inspector to confirm all findings.
5. Contact your fleet safety manager if you're a company driver.

It's significantly less serious than peer violations in hazardous materials enforcement. Our inspection records show that general loading/unloading hazmat violations (177.834A-HMC) carry a 99.2% out-of-service rate with 3,954 citations, while placarding violations (177.817(a)) hit 97.9% OOS rate. 397.13B-HMDP, at 0.0% OOS rate and only 17 all-time citations, is treated as a behavioral violation rather than an equipment or safety-critical defect.

Yes, you can challenge it through the FMCSA's DataQs Roadside Dispute Resolution process. This violation is a documented observation (the inspector witnessed you smoking or carrying lit tobacco near the vehicle). If you believe the inspector was outside the 25-foot zone, misidentified the vehicle's hazmat status, or made a factual error, file a formal DataQs challenge within 90 days of the inspection. Document your position with photographs or witness statements if available.

Our last 180 days of data show this violation cited in six states: Kentucky, Michigan, Missouri, Montana, South Carolina, and one additional location (each with 1 citation). The low frequency across all states—only 3 citations in the last 90 days—reflects inconsistent enforcement. This is not a high-volume roadside focus, which means your risk depends heavily on which state inspectors you encounter and whether you're carrying hazmat loads regularly.

Compliance is straightforward and immediate: do not smoke within 25 feet of a hazmat-loaded vehicle. The 0.0% out-of-service rate means enforcement is low-stakes operationally, but the 8-point CSA weight makes it a risk factor in your BASIC score. Our data shows a steady 1–2 citations per month over the last year, suggesting compliance is not a widespread problem—likely because the rule is simple and widely followed.

Both. Under FMCSA CSA, violations appear in driver records (for CSA Unsafe Driving and Vehicle Maintenance BASICs if applicable) and carrier records (Safety Management BASIC and Hazmat Compliance). A single citation impacts your safety profile as a driver and your employer's compliance record. Fleet safety managers should treat this as a coaching opportunity for all drivers handling hazmat loads.