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O Trucking
FMCSA Violation Code

397.7 — Improper parking of hazmat vehicle

49 CFR 397 • Hazardous Materials BASIC • Severity 5/10

Hazmat citation CSA weight 5
Moderate
Code
397.7
CFR section
49 CFR 397
BASIC
Hazardous Materials
Severity
5/10
Out-of-Service
No
Unit type
Hazmat

What this violation means

Hazmat-placarded vehicle parked within 300 feet of a bridge, tunnel, building, or 'place where people work, congregate, or assemble' (with limited exceptions). 5 SMS points. Drivers haul hazmat then stop for fuel and the parking-distance rule trips them up.

Why this gets cited

Truck stops with hazmat areas filled up, driver parks in the general lot. Rest areas. Restaurant parking. Driver not aware of placard load.

How to fix / prevent

Use designated hazmat parking at fuel stops. Plan fuel breaks before reaching populated areas. If carrying hazmat, route around dense urban areas where possible.

Out-of-service criteria

No — this violation is not typically out-of-service eligible. The inspector will note 397.7 on the inspection report (form MCS-63), but the truck/driver can usually continue after the inspection ends. It still counts against the carrier in CSA scoring (severity 5/10 weight, time-weighted over 24 months) and shows on the driver's PSP record. A pattern of these non-OOS violations across multiple inspections is what triggers FMCSA intervention — a single citation rarely does.

CSA / SMS impact

397.7 carries a severity weight of 5/10 in FMCSA's Safety Measurement System (SMS). Higher weights mean faster CSA percentile movement. Combined with a time-weighting factor (2× for citations within the last 6 months, decaying over 24 months), this violation can move your Hazardous Materials BASIC percentile significantly if it stacks with similar citations across your fleet. The threshold for FMCSA intervention is the 65th percentile for most BASICs (50th for Hazmat and Passenger Carrier). Once you cross that, FMCSA can send a Warning Letter, Off-Site Investigation, or full Compliance Review.

How to read this: a single citation rarely puts you over threshold — it's the pattern. Track your inspection rate per power unit and aim for OOS rate under 5% (industry average is 21%).

Other violations in Hazardous Materials

Related

Frequently Asked Questions

Can I be placed out of service for 397.7?
No — 397.7 is not on the standard OOS criteria for most inspectors. You'll be cited on the inspection report (MCS-63), the violation will hit your CSA scores, and the driver's PSP record, but you can usually continue the trip after the inspection wraps. Caveat: an inspector has discretion to escalate to OOS if they observe a separate, more serious condition during the same inspection. If they find 397.7 plus a brake violation, they're putting you OOS for the brake issue, not this one.
How long does 397.7 affect my CSA score?
397.7 stays in your CSA Hazardous Materials BASIC for <strong>24 months</strong> from the inspection date. The impact is time-weighted: 3× points during months 0-6, 2× during months 7-12, 1× during months 13-24, then it drops off. Severity weight is 5/10, so each citation contributes 15 points in the first 6 months and decays from there. On the driver's PSP report, the same citation stays visible for <strong>36 months</strong> — and a 5-year history of driver violations is available to motor carriers performing a hire review. If the citation is later dismissed in court (DataQs challenge succeeds, or the underlying ticket is dropped), the SMS record can be removed via FMCSA's DataQs portal — but you have to actively file the challenge.
What's the difference between 397.7 and similar codes?
397.7 is in the 8-code group sharing the same BASIC. The closest siblings are: <strong>172.504</strong> (Improper hazmat placarding); <strong>397.13A</strong> (Hazmat shipping papers not within driver's reach); <strong>397.17</strong> (Hazmat vehicle inspection not performed). Inspectors often cite multiple sibling codes from the same inspection — for example, a tire condition violation can simultaneously trigger codes for tread depth, sidewall, and inflation pressure. When you get cited under one sibling, check the report for the others before signing — they all count separately against CSA scoring.

CSA scores rising? Get a compliance audit.

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