FMCSR 397.7B: Hazmat Parking Violation — Driver Q&A

No. A 397.7B citation will not place your truck out of service. Across our inspection records, zero out of 10 all-time citations for this violation resulted in an out-of-service order, giving it a 0.0% OOS rate. This is well below the national average of 31.4% across all FMCSR codes, making hazmat parking violations one of the least likely to trigger immediate removal from service.

This violation carries a CSA severity weight of 6 points per citation. The actual impact to your Safety Management Guidelines score depends on how many times it occurs within a 12-month window—each additional citation within that period multiplies the base weight. Since our data shows only 2 citations in the last 12 months across all fleets, this remains a relatively rare violation in the national fleet.

First, document where your vehicle was parked and confirm whether it truly violated authorized hazmat parking zones. Verify your shipper or facility provided proper parking instructions. Review your hazmat documentation and placarding to ensure everything was compliant. Then contact your fleet manager or carrier safety department with the citation details. If you believe the citation was issued in error, you can contest it through the DataQs RDR (Roadside Defect Report) system by submitting documentation that contradicts the inspector's finding within 15 days.

No—this is among the least serious hazmat violations on record. While peer codes in the Hazardous Materials category show OOS rates as high as 99.2% (general loading/unloading violations), 397.7B has a 0.0% OOS rate. Placarding violations, which are also hazmat-related, trigger out-of-service orders 75.1% of the time. The parking violation itself is a paperwork or location issue, not a cargo handling emergency.

Low urgency. Our data shows zero citations for this code in the last 90 days and only 2 in the past 12 months, indicating it is rarely enforced. Since no out-of-service order will result, there is no immediate operational deadline. However, ensure future hazmat shipments use only designated parking areas per DOT rules to avoid recurrence. Correct the underlying parking procedure with your carrier or shipper to prevent accumulation of points.

Yes, you can contest a 397.7B citation via DataQs, the FMCSA's official Roadside Defect Report system. Since this violation involves a location or authorization issue rather than equipment failure, your dispute should focus on evidence that the parking location was actually authorized, that you had written permission from the facility, or that the inspector misidentified your vehicle or parking spot. Submit your challenge within 15 days of the citation with supporting documentation.

Our all-time data shows this is a very rare citation—only 10 total across 13 million inspections. The top cited carriers each have just 1 citation: Coastal Transport Co Inc, Servicios Especializados Alanis SA de CV, and Transportes Especializados Antonio Garza Ruiz SA de CV. Because the violation count is so low, no single state dominates enforcement. This suggests 397.7B citations are isolated incidents rather than a systemic enforcement pattern in any region.

Both. Under the FMCSA's Compliance, Safety, and Accountability program, the citation records against your personal driving history and your carrier's safety profile. Your moving violation history may affect future employment or insurance, while your carrier's citation count influences their CSA scores and potential audits. If you believe the citation is unwarranted, contesting it through DataQs removes it from both records upon successful challenge.