§397.13 Smoking.

Question 1: May a driver of a Commercial Motor Vehicle (CMV) transporting HM, listed in §397.13, smoke while at the controls or in the sleeper berth of the vehicle?

Guidance: No. All persons are prohibited from smoking or carrying lighted smoking materials at any time while on or within 25 feet of such a vehicle. The word ‘‘on’’ includes any time while in the cab, sleeper berth, etc.