What 397.3 means in plain language
FMCSR 397.3 addresses your obligation to comply with state and local laws, ordinances, and regulations that govern the transportation of hazardous materials. While the Federal Motor Carrier Safety Regulations set a baseline standard, individual states and municipalities often impose additional or stricter requirements on how you handle, package, load, transport, and document hazmat shipments.
When an officer cites you for 397.3, they are saying you violated a state or local hazmat rule that falls outside—or adds to—the federal standard. This might include state-specific placarding rules, local routing restrictions for certain hazmat classes, special permit requirements, or state DOT requirements for hazmat endorsements and training that exceed federal minimums.
The key point: you are responsible for knowing and following the hazmat rules in every state and locality where you operate, not just the federal ones.
What our enforcement data actually shows
Across our 13 million+ inspection records, 397.3 citations are uncommon. All-time, we have logged 650 citations for this code, ranking it #838 out of 3,036 FMCSR codes by citation volume. In the last 12 months, inspectors issued just 24 citations, and in the last 90 days, only 4.
The out-of-service rate for 397.3 is 2.0%—meaning 13 citations resulted in an OOS order while 637 did not. This is substantially lower than the all-FMCSR average OOS rate of 31.4%, suggesting that when officers cite 397.3, they typically view the violation as correctable without immediately sidelining the vehicle or driver.
The rarity of this citation and the low OOS rate reflect two realities: first, most state and local hazmat enforcement is handled by state DOT and local agencies rather than federal roadside inspectors, so many violations never reach a FMCSA checkpoint; second, when a federal inspector does cite 397.3, the violation often does not pose an immediate safety emergency.
Who gets cited most
Our inspection records show that 397.3 citations concentrate in a small number of states. Over the last 180 days, Texas led with 6 citations, all resulting in no out-of-service order (0.0% OOS rate). North Carolina followed with 1 citation and a 0.0% OOS rate.
The limited geographic spread reflects both lower enforcement volume and the fact that state-specific hazmat rules vary widely, so no single jurisdiction dominates the national picture.
How severe is this compared to similar codes
397.3 sits in the Hazardous Materials category alongside other hazmat transport violations. Comparing it to related codes reveals a stark contrast:
177.834A-HMC (General loading/unloading of hazmat) has accumulated 3,954 citations with a 99.2% out-of-service rate—nearly 99 out of 100 citations result in an immediate OOS order. 177.817(a) (Placarding violation) shows 2,274 citations and a 75.1% OOS rate. These codes address core hazmat safety defects (improper loading, missing or wrong placards) that inspectors treat as immediate threats.
By contrast, 397.3's 2.0% OOS rate signals that state/local violations are often treated as compliance paperwork issues or routing breaches rather than physical safety defects. That said, the violation still creates legal liability and can trigger fines, so it should not be dismissed as minor.
How to avoid it
Before accepting a hazmat load:
- Verify the shipper has properly classified the material according to both federal DOT rules and the specific state(s) on your route. Ask for written confirmation if you are uncertain.
- Check your routing. Some states restrict hazmat transport through certain cities, counties, or on specific highways. Texas and North Carolina, where we see the most 397.3 citations, have state-specific routing rules—review them before you depart.
- Confirm your hazmat endorsement and training are current and valid in the state(s) where you will operate. Some states require additional endorsements or certifications beyond the federal CDL-HazMat.
During your pre-trip inspection:
- Review the shipping papers and placards against the state hazmat regulations for your route. If the placards or documentation do not match state requirements, do not accept the load.
- Verify that any state permits (if required) are in the cab and accessible. Some states require special transport permits for certain hazmat classes.
- Confirm the vehicle itself meets state requirements. Some states have vehicle-age limits, equipment standards, or inspection mandates for hazmat transport that exceed federal rules.
If you are unsure about a state's hazmat rules:
- Contact the state DOT or hazmat office before you load. A 15-minute phone call beats a citation and the headache of correction.
- Use your carrier's compliance hotline or safety department. Carriers such as Mohsen Transportation Inc, Central Transport LLC, and others in our top-cited fleet list maintain hazmat specialists to answer driver questions.
The low OOS rate for 397.3 is actually good news: it means that most violations result in a citation and fine, not an immediate roadside shutdown. However, repeated citations or a pattern of non-compliance can damage your safety record and your carrier's CSA scores, so prevention is far better than remediation.