FMCSR 397.7A: Hazmat Parking Violation — Q&A

No. Across our 13 million inspection records, 397.7A has never resulted in an out-of-service order. The OOS rate is 0.0%—all 1 all-time citation in our database was not placed out of service. For context, the national average OOS rate across all FMCSR codes is 31.4%, so this violation sits well below typical enforcement severity thresholds.

This violation carries a CSA severity weight of 6 points. The points are applied to your carrier's Safety Management (SM) BASIC and hit your record in the month cited. The 30-day multiplier effect means repeated citations within a rolling 30-day window compound the impact on your Safety Event score. One citation is manageable; multiple citations in a short timeframe accelerate escalation.

First: verify the location where you were parked against your hazmat parking permit or authorized zones per DOT regulations. Second: document where your vehicle was and gather any permits or shipper instructions that may show authorization. Third: contact your fleet safety manager or carrier compliance officer with the citation details. Fourth: review your hazmat parking procedures with your company—this may be documentation vs. actual equipment failure, making contestation viable through DataQs if the location was misidentified.

This is a minor hazmat citation by enforcement volume and consequence. Our data shows 1 citation all-time across 13 million inspections, ranking it #2,796 out of 3,036 FMCSR codes. In contrast, peer codes in the Hazardous Materials category like general loading/unloading violations (177.834A-HMC) have been cited 3,954 times with a 99.2% out-of-service rate. Parking violations are rarely escalated to OOS; equipment or procedural hazmat violations are far more serious.

Yes, contestation is typically available through the FMCSA DataQs system. Since parking violations are usually documentation-based (evidence of location and authorization), you have grounds to contest if: the location was actually authorized, you have a valid hazmat parking permit for that zone, or shipper/carrier documents show you were directed to park there. Submit your permit copies, communication logs, and location proof. Equipment defects are harder to contest; location disputes are stronger.

Our inspection database shows 397.7A citations are extremely rare. In the last 180 days, we recorded only 1 citation, in Texas. Historically, Texas is the only state represented in our top states list for this code. The low enforcement volume (1 citation in the last 12 months, 0 in the last 90 days) means this violation is not a widespread or systematic enforcement focus in any region.

Low urgency in terms of roadside risk—0.0% OOS rate means you won't be pulled from service. However, do address it promptly for CSA record management: 6 severity points add up if multiple violations occur. Our 90-day data shows zero citations, indicating this is infrequently enforced, so focus on correcting your parking procedure and ensuring future hazmat loads park only in authorized locations per your carrier's DOT compliance procedures.

Both. Under FMCSA's Safety Management system, hazmat violations roll up to your carrier's Safety Event scores in the SM BASIC category and appear in your motor vehicle record (MVR). The citation itself is tied to the vehicle and trip, but your employment record and CSA history link the violation to you personally. If you change carriers, the citation stays on your MVR for insurance and hiring purposes; your new carrier will see it in their audits.