§397.7 restricts where a CMV transporting placarded hazardous materials may be parked. The general rule (§397.7(a)) requires the vehicle to be parked off the roadway and out of the traveled portion. The specific rules (§397.7(b)):
- Not within 5 feet of the traveled portion of any public street or highway
- Not on private property without the consent and knowledge of the person in charge
- Not within 300 feet of any open fire (except for short stops required by traffic)
- Not on the shoulder of a roadway except for the time and place necessary for the driver's physical comfort or for necessary service
Class 1 (explosives) §397.5 attendance rules add stricter requirements.
Severity
Severity weight 5 in the Operational BASIC. HM violations carry an elevated civil-penalty schedule under §177.840 and beyond, with multiplier potential for placardable Class 1, 3, 4.2, 5, or 7 cargo.
How to prevent it
- HM-trained drivers (49 CFR §172.704) understand the §397 parking rules from their initial training; periodic refresher is required every 3 years.
- Pre-plan HM routes and overnight parking with HM-permitted truck stops. §397.71 permits routing layered on top.
- Don't allow drivers to "park anywhere with the trailer attended for 5 minutes" — the rule has no de minimis exception below the §397.5 attendance window.
How Roadworthy HQ helps
Driver records flag HM endorsement and §172.704 training renewal. The §391.25 annual review surfaces any §397 citation history for re-training. The audit binder retains the HM driver training documentation.