FMCSR 397.15: Fueling Hazmat Vehicle with Engine Running

Yes. Across our 13 million inspection records, every citation for fueling a hazmat vehicle with the engine running has resulted in an out-of-service (OOS) placement—a 100.0% OOS rate. This is dramatically higher than the all-FMCSR average of 31.4%. When an inspector cites you for 397.15, expect your vehicle to be removed from service immediately until the violation is corrected and re-inspected.

This violation carries a severity weight of 7 points on the CSA scale. These points accumulate in your carrier's Hazardous Materials BASIC over 30 months, with more recent violations weighted more heavily. A single 397.15 citation will increase your BASIC score and may trigger intervention if your carrier's overall Hazardous Materials safety rating approaches the enforcement threshold.

First, do not operate the vehicle. Your truck is out of service and must stay parked until corrected. Second, review your fueling procedure: turn off the engine before any fueling operations begin when transporting hazmat. Third, contact your carrier's safety department to document the correction and schedule a re-inspection. Finally, request a new roadside inspection to clear the OOS violation before resuming operations.

Yes, it's among the most serious. Our data shows that peer hazmat loading violations like 177.834A-HMC and 177.834(a) carry OOS rates of 99.2% and 97.9% respectively. The 397.15 100.0% OOS rate matches the severity tier of those high-consequence violations. In contrast, placard maintenance codes (172.516(c)(6) and 172.602(c)(1)) result in OOS placement less than 2% of the time. 397.15 is a safety-critical finding.

You may contest the citation through the FMCSA's DataQs (Dispute Resolution) system if you believe the inspector made a factual error in identifying the violation or recording the circumstances. For engine-running fueling violations, the core question is whether the engine was operating during fuel delivery. If you have evidence (dashcam, witness, maintenance records showing the engine was off) that contradicts the citation, submit that with your DataQs challenge. Documentation-based disputes have the strongest outcomes.

Extremely rare. Our database contains only 2 all-time citations for fueling a hazmat vehicle with the engine running, ranking 397.15 at #2651 out of 3,036 FMCSR codes by enforcement volume. In the last 12 months and last 90 days, there have been 0 citations. This scarcity reflects both strict driver compliance and the high visibility of fueling operations at truck stops and shipper facilities.

Across our 13 million inspection records, only two carriers appear: TVS Trucking and Oilfield Service LLC (USDOT 2392510) and Julio Rodolfo Gonzalez Olveda (USDOT 2927508), each with 1 citation. The extremely low citation count means this violation is not concentrated in any particular carrier type—it's an isolated safety lapse, not a systemic fleet issue.

Urgent. Because your vehicle is out of service and the OOS rate is 100%, you cannot legally operate until corrected. The violation is straightforward to fix: confirm your fueling procedure requires engine-off operation and have the vehicle re-inspected. Given the zero citations in the last 90 days across 13 million records, this is a preventable violation. Retrain yourself and your team on pre-fueling engine shutdown and move forward.