§397.13
Smoking
Question 1: May a driver of a 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.