Drivers Smoking within 25 ft of a Hazmat Load
| Entry Date | July 16, 2013 |
|---|---|
| Issue Number | 13-017-HAZ |
| Name | Melanie Daniel |
| Agency | Landstar Transportation Logistics |
| Address | 13410 Sutton Park Dr. SouthJacksonville, FL, 32224United StatesMap It (opens in a new tab) |
| Phone | 904-390-6671 |
| Fax | (888) 345-9220 |
| [email protected] | |
| Committee | Hazardous Materials Committee |
| Status | Closed |
| Summary of Issue | I've seen several violations for drivers smoking w/in 25 ft of a hazmat load. However, they are carrying an electric cigarette. The regulation is worded in such a manner that enforcement isn't always willing to remove the violation. I'm including our most recent DataQ denial. The last 2 situations have resulted in the driver paying the fine because it would cost them more money to go to court. The word "lighted" in 397.13 may be part of the problem. There is indeed a light bulb at the tip of these devices. The smoking rule has been in play far longer than electronic cigarettes which leads me to believe the intent of “lighted smoking materials” is meant to reference a fire lighted material. |
| Justification or Need | Unwarranted court cost/monetary penalties, violations & CSA points. |
| Request for Action | Update verbiage of 397.13 and/or include guidance. |