Violation code

397.13

Smoking within 25 ft of HM vehicle

Unsafe Driving1Non-OOS· SMS Appendix A v3.20

397.13 is a HM Related violation under 49 CFR §397.13. It falls in the Unsafe Driving BASIC with a severity weight of 1/10. Nationally it was cited 325 times in the last five years, with an OOS rate of 0.0%.

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National roadside inspection stats

as of 9/20/2026

Inspections

325

that found this code

Violations

325

total written

OOS rate

0.0%

0 OOS

Source: FMCSA roadside inspection data (last 5 years). The OOS rate is the share of these violations that led the officer to mark the driver or vehicle out of service.

Violation group: HM Related
Regulation §: 397.13
Severity weight: 1
Used in SMS: Yes
Status: Active
Updated: 9/20/2026

Last updated September 2026

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Notes

DSMS: Y

What 397.13 means — and how to avoid it

In plain English

In plain terms, 397.13 is cited for smoking within 25 ft of HM vehicle. It falls under the FMCSA rules on hazardous materials transportation.

What the inspector checks

•Correct placarding for the material and quantity
•Shipping papers accessible and accurate
•Package marking, labeling, and securement

How to prevent it

✓Verify placards match the shipping papers before leaving
✓Keep shipping papers within reach and in order
✓Confirm proper packaging and emergency info

How it affects your CSA

up to 3 pts (fresh)

Severity 1/10. A fresh citation counts at the 3× time weight — up to 3 points toward the Unsafe Driving BASIC — then tapers to 2× after 6 months and 1× after a year, dropping off the score at 24 months.

General guidance from the violation’s FMCSA classification — not legal advice, and not a substitute for the inspector’s findings or 49 CFR.

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Challenging 397.13 through FMCSA DataQs

If this violation was written incorrectly, here are the angles trucking-safety managers use to contest it. Playbook: Unsafe Driving.

Common ways to challenge this code

Radar / lidar / scale calibration not produced
The state instrument used to measure speed or weight had no current calibration certificate, or one was never provided when requested.
Evidence that wins
- ✓FOIA / public-records request response from the citing agency
- ✓Calibration log expiration date if produced
- ✓Driver's contemporaneous note (e.g., independent dashcam speed)
Citation based on visual estimate only
The inspection report indicates the officer estimated speed visually rather than using a calibrated instrument.
Evidence that wins
- ✓Inspection report narrative copy showing "visual estimate" wording
- ✓Officer training records or pacing distance, if obtainable
Underlying citation adjudicated
The underlying state court adjudicated the citation as dismissed, reduced, or amended.
Evidence that wins
- ✓Certified court disposition with case number and date
- ✓Original citation copy

Common pitfalls — avoid these

⚠Submitting an uncertified court printout — DataQs requires the clerk-stamped version
⚠Forgetting that "guilty of a lesser charge" still counts as conviction — the violation may stay, just at reduced severity

⚡ Draft a challenge for 397.13 →Read the DataQs guide first

More codes in Unsafe Driving

Same BASIC category — ranked by national citation volume

View all Unsafe Driving codes →

Other HM Related codes

Codes under the same FMCSA violation group

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Frequently asked questions about 397.13

What does violation 397.13 mean?

397.13 is the FMCSA roadside-inspection violation code for "Smoking within 25 ft of HM vehicle", part of the HM Related group, cited under 49 CFR §397.13.

What BASIC does 397.13 affect?

397.13 falls under the Unsafe Driving BASIC in the FMCSA Safety Measurement System (SMS).

What is the CSA severity weight of 397.13?

397.13 carries a severity weight of 1 out of 10. Higher weights indicate violations more closely tied to crash risk, and they count more toward a carrier's Unsafe Driving score.

Is 397.13 an out-of-service (OOS) violation?

No. 397.13 is not an out-of-service violation, so on its own it does not trigger an out-of-service order at the roadside.

How many CSA points does 397.13 add to a carrier's score?

The point contribution of 397.13 depends on its severity weight (1/10) multiplied by a time weight of 3, 2, or 1 based on how recent the inspection is. You can calculate the exact contribution with the CSA points calculator.

How can a driver prevent 397.13?

Verify placards match the shipping papers before leaving; Keep shipping papers within reach and in order; Confirm proper packaging and emergency info.

Can 397.13 be challenged through DataQs?

Yes. If you believe 397.13 was recorded in error, you can file a Request for Data Review (RDR) through the FMCSA DataQs system with supporting evidence. A successful challenge can remove or correct the violation on your record.

Keep going

CSA points calculator How to challenge a violation Draft a DataQs letter for 397.13 Unsafe Driving BASIC Carrier CSA lookup CSA glossary

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