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Interpretation Response #13-0079 ([Texas Department of Public Safety – CVE] [Sergeant Patrick Zatopek])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Texas Department of Public Safety – CVE

Individual Name: Sergeant Patrick Zatopek

Location State: TX Country: US

View the Interpretation Document

Response text:

June 5, 2013


Sergeant Patrick Zatopek
Texas Highway Patrol Commercial Vehicle Enforcement
Texas Department of Public Safety – CVE
5505 Ave. N
Rosenberg, Texas  77471

Ref. No.: 13-0079

Dear Mr. Zatopek:

This is in response to your April 03, 2013 e-mail requesting clarification of the requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically, you ask if § 177.834(c) which prohibits smoking on or about any motor vehicle while loading or unloading any Class 1 (explosive), Class 3 (flammable liquid), Class 4 (flammable solid), Class 5 (oxidizing), or Division 2.1 (flammable gas) materials applies to the use of electronic cigarettes otherwise known as e-cigarettes.

The answer to your question is no.  The requirement prohibiting smoking during loading and unloading of the types of materials listed in § 177.834(c) is intended to address lit tobacco products.  As e-cigarettes operate on battery power, and without the application of an open flame, the use of these products do not fall under the scope of prohibited activities under § 177.834(c).

I hope this information is helpful.  If you have further questions, please do not hesitate to contact this office.


Delmer Billings
Senior Regulatory Advisor
Standards and Rulemaking Division


Regulation Sections

Section Subject
177.834 General requirements