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FMCSA Part 398

Part 398 — Transportation of Migrant Workers

Part 398 is a specialized FMCSA rule section for motor carriers transporting migrant workers. It covers applicability, driver/operator qualifications, safe driving rules, vehicle parts and accessories, maximum driving time, inspection, maintenance, and inspection of vehicles in operation.

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Part 398 Dictionary

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What is Part 398?

A specialized FMCSA rule section for motor carriers transporting migrant workers.

Who It Applies To

Applies to covered migrant worker transport, with distance and passenger-count rules.

Key Definitions

Important definitions decide whether the migrant-worker transport rules apply.

Driver Qualification

Drivers transporting workers must be qualified, trained, medically fit, and properly licensed.

Driving Rules

Covered worker transport requires safe speed, fatigue control, passenger safety, and route planning.

Vehicle Equipment

Vehicles must be safe before transporting workers, especially brakes, steering, tires, lights, and passenger area.

Driver Hours

Worker transport must be planned around legal driver hours, rest, safe stops, and fatigue control.

Inspection & Maintenance

Passenger transport vehicles need inspection proof, defect correction, and maintenance records.

Roadside Inspection

Covered vehicles may be inspected in operation, and unsafe conditions can stop the movement.

Carrier Checklist

A pre-dispatch checklist for worker transport applicability, authority, driver, vehicle, route, and safety planning.

Real-World Risk

Moving people creates passenger-safety, insurance, authority, driver, and vehicle-condition risks.

Need help reviewing whether a movement is freight, passenger, or worker transport?

DispatchHQ helps small carriers think through authority, insurance, safety rules, driver qualification, equipment condition, dispatch planning, and documentation before accepting work that may create higher compliance exposure than normal freight.

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Source reference: Official eCFR — 49 CFR Part 398 . This page is a plain-English educational guide and is not legal advice.