§397.13 prohibits any person from smoking or carrying a lighted smoking material on or within 25 feet of a CMV that contains Class 1 (explosives), Class 3 (flammable liquids), Class 4.1 or 4.2 (flammable solids), Class 5 (oxidizers), or Class 2 (flammable gases), or any empty tank vehicle that has last contained one of those classes. The prohibition extends to the loading and unloading area as well as the vehicle itself.
Severity weight
Severity weight 5 in the Hazardous Materials Compliance BASIC. The risk profile — ignition of a flammable cargo — is what drives the weight.
What's commonly cited
- Driver smoking within 25 feet during a fueling stop on a flammable-liquids load.
- Smoking in the sleeper berth when the trailer is loaded.
- Loading-dock smoking near a placarded vehicle.
How to prevent it
- Issue a written no-smoking-near-hazmat policy. Retain the §391.51 acknowledgment.
- Coordinate with shippers and consignees to enforce loading-dock no-smoking zones for placarded vehicles.
- The §177.834(a) general loading rules cross-reference §397.13 — train drivers to both as a unit.
How Roadworthy HQ helps
§397.13 findings link to the driver, the placarded shipment manifest, and the §385.337 corrective-action documentation. The policy and acknowledgment retain in the §391.51 binder for FMCSA review.