Part 398 — Transportation of Migrant Workers
49 CFR Part 398: Federal vehicle and driver safety standards for transporting migrant agricultural workers.
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49 CFR Part 398 establishes vehicle safety standards and driver qualification requirements specifically for motor carriers that transport migrant agricultural workers — seasonal farm workers who are transported to work locations, often in buses, vans, or truck-mounted conveyances not covered by standard passenger carrier regulations.
The regulation addresses the specific risks of migrant worker transportation, which historically has involved vehicles not designed or maintained for passenger transport, drivers who may not hold commercial licenses, and operations in rural areas with limited oversight. Part 398 sets minimum standards for seating, emergency exits, lighting, fire extinguishers, and vehicle condition that apply to this distinct category of transportation.
Part 398 works in conjunction with the general FMCSRs but has its own specific provisions for the migrant worker context. Carriers subject to Part 398 must also comply with applicable portions of Parts 391 (driver qualifications), 393 (vehicle equipment), and 396 (maintenance), as well as state agricultural labor transportation laws that may set higher standards.
Key Provisions
- Sets vehicle safety standards specific to vehicles used to transport migrant agricultural workers.
- Requires specific seating, emergency exits, fire extinguishers, and lighting configurations.
- Driver qualification requirements tailored to migrant worker transportation operations.
- Applies in addition to, not instead of, generally applicable FMCSRs under Parts 391, 393, and 396.
- State agricultural labor transportation laws may impose additional requirements beyond Part 398.
Why It Matters to Truck Owners
Part 398 is a specialized regulation affecting a narrow but important category of transportation. If you own or are buying vehicles used in agricultural labor transportation, understanding the specific standards here — not just the general FMCSRs — is essential. Violations of Part 398 in migrant worker transportation accidents have historically resulted in significant civil and regulatory liability.
Frequently Asked Questions
Who is subject to Part 398 regulations?
Part 398 applies to motor carriers that transport migrant workers — defined as individuals employed in agricultural work, including planting, cultivating, or harvesting operations — when that transportation is in connection with their employment. The regulation covers carriers specifically organized to provide this transportation, not incidental transport by farm operators.
What vehicle requirements apply under Part 398?
Part 398 requires that vehicles used for migrant worker transport meet minimum standards for: the number and location of emergency exits, adequacy of seating (no standing passengers), lighting sufficient for passengers to read, fire extinguisher presence, and overall vehicle roadworthiness. Vehicles must be maintained in safe operating condition.
Do migrant worker transport drivers need a commercial driver’s license?
It depends on the vehicle. Vehicles designed to carry 16 or more passengers (including the driver) require a CDL with a passenger (P) endorsement under Part 383. Smaller vehicles may not require a CDL, but Part 398’s own driver qualification requirements still apply regardless of CDL status.
Read the official legal text: 49 CFR Part 398 — eCFR.gov (official)
Related Federal Trucking Laws
- Part 391 — Driver Qualifications
- Part 393 — Parts and Accessories for Safe Operation
- Part 396 — Inspection, Repair, and Maintenance
This page is provided for informational purposes only and is not legal advice. Always verify current requirements at fmcsa.dot.gov or with a qualified transportation attorney.
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