[Code of Federal Regulations] [Title 49, Volume 5] [Revised as of October 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR397.13] [Page 477] TITLE 49--TRANSPORTATION DEPARTMENT OF TRANSPORTATION PART 397_TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES--Table of Contents Subpart A_General Sec. 397.13 Smoking. 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 Sec. 177.823 of this title. [59 FR 63925, Dec. 12, 1994]