What does 49 CFR 397.13 (Smoking) require?

Short answer

49 CFR 397.13 prohibits smoking within 25 feet of a motor vehicle containing certain hazardous materials.

The rule says

"No person may smoke or carry a lighted cigarette, cigar, or pipe on or within 25 feet of (a) A motor vehicle which contains Class 1 materials, Class 5 materials, or flammable materials classified as Division 2.1, Class 3, Divisions 4.1 and 4.2; or (b) An empty tank motor vehicle which has been used to transport Class 3, flammable materials, or Division 2.1 flammable gases, which when so used, was required to be marked or placarded in accordance with the rules in 177.823 of this title." (49 CFR 397.13)

In plain English

This rule is about preventing fires around vehicles carrying hazardous materials. Smoking is a significant fire hazard, especially near vehicles with flammable cargo. The 25-foot radius is meant to ensure that any potential ignition source from smoking is kept far enough away from the vehicle to minimize the risk of a fire or explosion. In practice, this means that drivers and others near these vehicles must be vigilant about not smoking and not allowing others to smoke nearby.

What to do

• Ensure all personnel understand the no-smoking rule near vehicles with hazardous materials.
• Post clear signs indicating the no-smoking area around such vehicles.
• Enforce the rule consistently to prevent accidents.