§FMCSR.com
Current textSource: eCFR

§ 398.2 Applicability.

Current wording, in the annual edition revised as of Oct. 1, 2003.

eCFR (current) ↗
What changedOct. 1, 1996 wording → Oct. 1, 2003 wording (current)+172 added−38 removedHide

(a) General. The regulations prescribed in this part shallare be applicable to motor carriers of migrant workers by motor vehicle, as defined in § 398.1(b), but only in the case of transportation of any migrant worker for a total distance of more than seventy-five75 miles (120.7 kilometers) in interstate commerce, as defined in 49 CFR 390.5.
(b) Exception. (1) The regulations prescribed in this part are not applicable to carriers of migrant workers by motor vehicle, as defined in § 398.1(b), when:
(i) The motor vehicle is designed or used to transport between 9 and then15 onlypassengers if(including suchthe driver);
(ii) The motor carrier is directly compensated for the transportation service; and
(iii) The vehicle used to transport mirgrant workers is acrossoperated beyond a 75 air-mile radius (86.3 statute miles or 138.9 kilometers) from the boundarydriver's linenormal work-reporting location.
(2) Carriers of anymigrant Stateworkers by motor vehicle that operate vehicles, designed or used to transport between 9 and 15 passengers (including the Districtdriver) offor Columbiadirect compensation, orin Territoryinterstate ofcommerce, must comply with the Unitedapplicable Statesrequirements of 49 CFR parts 385, or390, 391, 392, 393, 395, and 396, when the motor vehicle is operated beyond a foreign75 countryair-mile radius (86.
[333 FRstatute 19765,miles Decor 138.9 25,kilometers) 1968,from asthe amendeddriver's atnormal 40work-reporting location.
[68 FR 4455747875, SeptAug. 2912, 19752003]

49 CFR § 398.2 — Applicability.. Text current through October 22, 2026. This wording effective October 1, 2003 to present. Source: eCFR (current), https://www.ecfr.gov/current/title-49/section-398.2. Retrieved from FMCSR.com, https://fmcsr.com/reg/398.2, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) General. The regulations prescribed in this part are applicable to carriers of migrant workers by motor vehicle, as defined in § 398.1(b), but only in the case of transportation of any migrant worker for a total distance of more than 75 miles (120.7 kilometers) in interstate commerce, as defined in 49 CFR 390.5.

(b) Exception. (1) The regulations prescribed in this part are not applicable to carriers of migrant workers by motor vehicle, as defined in § 398.1(b), when:

(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]

Amendment history

2 distinct wordings on file since Oct. 1, 1996
  1. Oct. 1, 2003 → presentannual editions 2003–2016diff vs. previousviewing
    [68 FR 47875, Aug. 12, 2003]
  2. Oct. 1, 1996 → Oct. 1, 2003annual editions 1996–2002
    [33 FR 19765, Dec. 25, 1968, as amended at 40 FR 44557, Sept. 29, 1975]

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section. Set a case date in the header to read any earlier wording.