FMCSR 397.7: Hazmat Parking Violation — What You Need to Know

You received a 397.7 citation for parking hazmat in an unauthorized location. Learn what it means, OOS eligibility, and how to prevent it.

OOS Eligible
Severity Weight
6
OOS Eligible
Yes
BASIC Category
Hazardous Materials
Code System
FMCSR
Code:
397.7
Code System:
FMCSR
BASIC Category:
Hazardous Materials
OOS Eligible:
Yes
Severity Weight:
6
Violation Group:
BASIC 6

Ranks #3,037 of 3,146 FMCSR codes by citation frequency.

Violation Description

Parking a commercial motor vehicle carrying hazardous materials in an unauthorized location.

In-Depth Explainer

Grounded in TruckCodex roadside-inspection data

What 397.7 means in plain language

FMCSR 397.7 prohibits parking a commercial motor vehicle carrying hazardous materials in an unauthorized location. In practical terms, this means you cannot leave a vehicle loaded with hazmat anywhere that regulatory guidance or your company's operating procedures don't explicitly permit.

Unauthorized locations typically include regular truck stops, rest areas, residential neighborhoods, commercial parking lots, and any spot not designated for hazmat storage or staging. The regulation exists because parked hazmat vehicles pose a public safety and environmental risk—fuel spills, chemical leaks, or accidents could harm bystanders or contaminate land and water.

Your citation indicates an inspector found your loaded hazmat vehicle parked where it shouldn't have been at the time of the inspection.

What our enforcement data actually shows

Across our 13 million+ roadside inspection records, 397.7 enforcement is exceedingly rare. Our database shows zero citations for this violation in the last 90 days, zero in the last 12 months, and zero all-time citations on record. The out-of-service rate is therefore 0.0%.

This absence of citations does not mean the violation is legal or unenforced—it suggests most carriers and drivers successfully comply with parking requirements, or that violations are addressed through other mechanisms (carrier operating procedures, shipper rules, or local ordinances) before reaching roadside inspection.

Who gets cited most

Because our records show zero citations for 397.7, we have no state or carrier distribution data to report. This code remains statistically invisible in the roadside inspection universe we track.

How severe is this compared to similar codes

Hazmat parking sits within the broader Hazardous Materials category. Our data shows that other hazmat violations are far more frequently cited:

  • 177.834A-HMC (General loading/unloading hazmat) carries 3,954 all-time citations with a 99.2% out-of-service rate—nearly 100% of drivers cited for this violation are placed OOS immediately.
  • 177.817(a) (Placarding violation) has 2,274 citations and a 75.1% OOS rate, reflecting high regulatory severity.
  • 172.602(c)(1) (Maintenance/accessibility of Emergency Response information) shows 1,464 citations but a 0.0% OOS rate, indicating it is a recordable violation that does not automatically trigger removal from service.

By comparison, the zero citation count for 397.7 makes direct severity ranking impossible. However, the fact that 397.7 is OOS-eligible (meaning an inspector can place your vehicle out of service if the violation is cited) suggests regulators view unauthorized hazmat parking as a serious safety issue—it simply appears rare in practice.

How to avoid it

  1. Know your shipper's and carrier's authorized parking locations — Before accepting a hazmat load, confirm where you are permitted to park during layovers, breakdowns, or rest stops. Many hazmat shipments come with specific routing and parking instructions. Keep that documentation in your cab.

  2. Use only designated hazmat truck stops and staging areas — Major truck stop chains, dedicated hazmat parking facilities, and your carrier's authorized rest areas are safe choices. When in doubt, call your dispatch or the shipper's hazmat coordinator.

  3. Plan your route and rest breaks in advance — Hazmat regulations typically limit the hours you can stay parked at unauthorized locations. Identify compliant rest areas or truck stops before you get tired.

  4. Inspect the parking location before you leave your vehicle — Ensure the lot is actually designated for hazmat, there are no "no hazmat" signs, and the surface is in good condition (no sharp debris, spill risk, or proximity to water sources).

  5. Keep current hazmat transportation training and documentation — Proper training emphasizes safe parking. Request a refresher from your carrier if you are unsure about any rule.

  6. Do not overnight in regular rest areas or rest stops without confirming hazmat permission — Many public rest areas prohibit hazmat vehicles entirely. Check signage and call ahead.

  7. In an emergency, notify dispatch and local authorities before parking — If you have a mechanical failure, medical emergency, or other reason to park immediately, call your carrier and law enforcement. Document the reason and location; an authorized emergency exception may apply.

Last updated: 2026-04-20T18:22:18.751Z Based on TruckCodex inspection data See 397.7 Q&A → Fleet FAQ →

Data sources & freshness

TruckCodex aggregates official public-sector datasets. See the Source registry for dataset-level coverage and the Freshness log for last-import timestamps.

Census, SAFER, SMS, Licensing & Insurance (L&I), roadside inspections, crashes, and authority history.

Refreshed daily.

Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).

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EIA

Retail diesel and gasoline price history and state fuel-tax tables.

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Cross-border carrier registry and Canadian recall campaigns where applicable.

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TruckCodex is an independent aggregator; it is not affiliated with FMCSA, NHTSA, EIA, or Transport Canada. Always verify compliance-critical information directly with the originating agency.