49 CFR Part 398 — Transportation of Migrant Workers

PART 398—TRANSPORTATION OF MIGRANT WORKERS Authority: 49 U.S.C. 13301, 13902, 31132, 31133, 31136, 31502, 31504; sec. 204, Pub. L. 104-88, 109 Stat. 803, 941; sec. 212, Pub. L. 106-159, 113 Stat. 1748, 1766; and 49 CFR 1.87. Source: 33 FR 19765, Dec. 25, 1968, unless otherwise noted. Editorial Note: Nomenclature changes to part 398 appear at 66 FR 49875, Oct. 1, 2001. § 398.1 Definitions. (a) Migrant worker. (b) Carrier of migrant workers by motor vehicle. (c) Motor carrier. (d) Motor vehicle. (e) Bus. (f) Truck. (g) Truck tractor. (h) Semitrailer. (i) Driver or operator. (j) Highway. [33 FR 19765, Dec. 25, 1968, as amended at 81 FR 68359, Oct. 4, 2016] § 398.2 Applicability. (a) General. (b) Exception. (i) The motor vehicle is designed or used to transport between 9 and 15 passengers (including the driver); (ii) The motor carrier is directly compensated for the transportation service; and (iii) The vehicle used to transport mirgrant workers is operated beyond a 75 air-mile radius (86.3 statute miles or 138.9 kilometers) from the driver's normal work-reporting location. (2) Carriers of migrant workers by motor vehicle that operate vehicles, designed or used to transport between 9 and 15 passengers (including the driver) for direct compensation, in interstate commerce, must comply with the applicable requirements of 49 CFR parts 385, 390, 391, 392, 393, 395, and 396, when the motor vehicle is operated beyond a 75 air-mile radius (86.3 statute miles or 138.9 kilometers) from the driver's normal work-reporting location. [68 FR 47875, Aug. 12, 2003] § 398.3 Qualifications of drivers or operators. (a) Compliance required. (b) Minimum physical requirements. (1) No loss of foot, leg, hand or arm, (2) No mental, nervous, organic, or functional disease, likely to interfere with safe driving. (3) No loss of fingers, impairment of use of foot, leg, fingers, hand or arm, or other structural defect or limitation, likely to interfere with safe driving. (4) Eyesight. (5) Hearing. (6) Liquor, narcotics and drugs. (7) Initial and periodic physical examination of drivers. (8) Certificate of physical examination. (9) Doctor's certificate. Doctor's Certificate (Driver of Migrant Workers) This is to certify that I have this day examined ______________ in accordance with § 398.3(b) of the Federal Motor Carrier Safety Regulations of the Federal Motor Carrier Safety Administration and that I find him/her Qualified under said rules □ Qualified only when wearing glasses □ I have kept on file in my office a completed examination. (Date) (Place) (Signature of examining doctor) (Address of doctor) Signature of driver Address of driver (c) Minimum age and experience requirements. (1) Age. (2) Driving skill. (3) Knowledge of regulations. (4) Knowledge of English. (5) Driver's permit. [33 FR 19765, Dec. 25, 1968, as amended at 40 FR 44557, Sept. 29, 1975; 83 FR 16227, Apr. 16, 2018] § 398.4 Driving of motor vehicles. (a) Compliance required. (b) Driving rules to be obeyed. (c) Driving while ill or fatigued. (d) Alcoholic beverages. (e) Schedules to conform with speed limits. (f) Equipment and emergency devices. Service brakes, including trailer brake connections. Parking (hand) brake. Steering mechanism. Lighting devices and reflectors. Tires. Horn. Windshield wiper or wipers. Rear-vision mirror or mirrors. Coupling devices. Fire extinguisher, at least one properly mounted. Road warning devices, at least one red burning fusee and at least three flares (oil burning pot torches), red electric lanterns, or red emergency reflectors. (g) Safe loading Distribution and securing of load. (2) Doors, tarpaulins, tailgates and other equipment. (3) Interference with driver. (4) Property on motor vehicles. (i) Unrestricted freedom of motion to the driver for proper operation of the vehicle; (ii) Unobstructed passage to all exits by any person; and (iii) Adequate protection to passengers and others from injury as a result of the displacement or falling of such articles. (5) Maximum passengers on motor vehicles. (h) Rest and meal stops. (i) Kinds of motor vehicles in which workers may be transported. (j) Limitation on distance of travel in trucks. (k) Lighting devices and reflectors. (l) Ignition of fuel; prevention. (1) Fuel a motor vehicle with the engine running, except when it is necessary to run the engine to fuel the vehicle; (2) Smoke or expose any open flame in the vicinity of a vehicle being fueled; (3) Fuel a motor vehicle unless the nozzle of the fuel hose is continuously in contact with the intake pipe of the fuel tank; (4) Permit any other person to engage in such activities as would be likely to result in fire or explosion. (m) Reserve fuel. (n) Driving by unauthorized person. (o) Protection of passengers from weather. (p) Unattended vehicles; precautions. (q) Railroad grade crossings; stopping required; sign on rear of vehicle. (1) A street car crossing within a business or residence district of a municipality; (2) A railroad grade crossing where a police officer or a traffic-control signal (not a railroad flashing signal) directs traffic to proceed; (3) An abandoned or exempted grade crossing which is clearly marked as such by or with the consent of the proper state authority, when such marking can be read from the driver's position. All such motor vehicles shall display a sign on the rear reading, “This Vehicle Stops at Railroad Crossings.” [33 FR 19765, Dec. 25, 1968, as amended at 40 FR 44557, Sept. 29, 1975; 86 FR 57077, Oct. 14, 2021] § 398.5 Parts and accessories necessary for safe operation. (a) Compliance. (b) Lighting devices. (c) Brakes. (d) Coupling devices; fifth wheel mounting and locking. (e) Tires. (f) Passenger compartment. (1) Floors. (2) Sides. (3) Nails, screws, splinters. (4) Seats. (5) Protection from weather. (6) Exit. (7) Gates and doors. (8) Ladders or steps. (9) Hand holds. (10) Emergency exit. (11) Communication with driver. (g) Protection from cold. (1) Exhaust heaters. (2) Unenclosed flame heaters. (3) Heaters permitting fuel leakage. (4) Heaters permitting air contamination. (5) Any heater not securely fastened to the vehicle. [33 FR 19765, Dec. 25, 1968, as amended at 77 FR 59828, Oct. 1, 2012] § 398.6 Hours of service of drivers; maximum driving time. No person shall drive nor shall any motor carrier permit or require a driver employed or used by it to drive or operate for more than 10 hours in the aggregate (excluding rest stops and stops for meals) in any period of 24 consecutive hours, unless such driver be afforded eight consecutive hours rest immediately following the 10 hours aggregate driving. The term “24 consecutive hours” as used in this part means any such period starting at the time the driver reports for duty. § 398.7 Inspection and maintenance of motor vehicles. Every motor carrier shall systematically inspect and maintain or cause to be systematically maintained, all motor vehicles and their accessories subject to its control, to ensure that such motor vehicles and accessories are in safe and proper operating condition. [33 FR 19765, Dec. 25, 1968, as amended at 86 FR 57077, Oct. 14, 2021] § 398.8 Administration inspection of motor vehicles in operation. (a) Administration personnel authorized to perform inspections. (b) Prescribed inspection report. (c) Motor vehicles declared “out of service.” (2) No motor carrier shall require or permit any person to operate nor shall any person operate any motor vehicle declared and marked, “out of service” until all repairs required by the “out of service notice” on the “Driver/Vehicle Examination Report” have been satisfactorily completed. The term “operate” as used in this section shall include towing the vehicle; provided, however, that vehicles marked “out of service” may be towed away by means of a vehicle using a crane or hoist; and provided further, that the vehicle combination consisting of the emergency towing vehicle and the “out of service” vehicle meets the performance requirements of § 393.52 of this subchapter. (3) No person shall remove the “Out of Service Vehicle” sticker from any motor vehicle prior to completion of all repairs required by the “out of service notice” on the “Driver/Vehicle Examination Report.” (4) The person or persons completing the repairs required by the “out of service notice” shall sign the “Certification of Repairman” in accordance with the terms prescribed on the “Driver/Vehicle Examination Report,” entering the name of his/her shop or garage and the date and time the required repairs were completed. If the driver completes the required repairs, he/she shall sign and complete the “Certification of Repairman.” (d) Motor carrier's disposition of the “Driver/Vehicle Examination Report.” (2) Motor carriers shall complete the “Motor Carrier Certification of Action Taken” on the “Driver/Vehicle Examination Report” in accordance with the terms prescribed thereon. Motor carriers shall return the “Driver/Vehicle Examination Reports” to the address indicated on the report within fifteen (15) days following the date of the vehicle inspection. [83 FR 22881, May 17, 2018, as amended at 88 FR 80193, Nov. 17, 2023]

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