Violation code

397.13B-HMDP

HM (Driving & Parking) - No person may smoke/light/carry a lighted cigarette/cigar/pipe within 25 feet of an empty motor vehicle which contained Class 3, flammable materials or Division 2.1 that required the vehicle to be marked or placarded.

Unsafe Driving1Non-OOS· SMS Appendix A v3.20

397.13B-HMDP is a HM Related violation under 49 CFR §397.13B-HMDP. It falls in the Unsafe Driving BASIC with a severity weight of 1/10. Nationally it was cited 29 times in the last five years, with an OOS rate of 0.0%.

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National roadside inspection stats

as of 6/20/2026

Inspections

that found this code

Violations

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 §: 397.13B-HMDP
Severity weight: 1
Used in SMS: Yes
Status: Active
Updated: 6/20/2026

Last updated June 2026

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Notes

DSMS: Y | Comment: Added in 3.15 | Footnote: As of February 1, 2023, the violations in this table are included in SMS. Only violations cited on or after February 1 are included in SMS calculations. This update aligns SMS with how violations are being cited in a new software used for roadside inspections.

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Challenging 397.13B-HMDP 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 397.13B-HMDP →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 397.13B-HMDP

What does violation 397.13B-HMDP mean?

397.13B-HMDP is the FMCSA roadside-inspection violation code for "HM (Driving & Parking) - No person may smoke/light/carry a lighted cigarette/cigar/pipe within 25 feet of an empty motor vehicle which contained Class 3, flammable materials or Division 2.1 that required the vehicle to be marked or placarded.", part of the HM Related group, cited under 49 CFR §397.13B-HMDP.

What BASIC does 397.13B-HMDP affect?

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

What is the CSA severity weight of 397.13B-HMDP?

397.13B-HMDP 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 397.13B-HMDP an out-of-service (OOS) violation?

No. 397.13B-HMDP 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 397.13B-HMDP add to a carrier's score?

The point contribution of 397.13B-HMDP 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.

Can 397.13B-HMDP be challenged through DataQs?

Yes. If you believe 397.13B-HMDP 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 397.13B-HMDP Unsafe Driving BASIC Carrier CSA lookup CSA glossary