What 398.4-MW means in plain language
FMCSR code 398.4-MW addresses the safe operation of commercial vehicles that are transporting migrant workers. This citation is issued when an inspector determines that a driver or carrier has violated one or more safety requirements while operating a vehicle with migrant workers aboard.
Migrant worker transportation is heavily regulated because the safety and welfare of workers — often traveling long distances under time pressure — depends on compliant vehicle operation and maintenance. A 398.4-MW citation does not pinpoint a single defect or behavior; instead, it flags a violation of the broader migrant worker safety framework. The violation could involve vehicle condition, driver conduct, hours of service compliance, or how the load or passengers are secured.
Because this code is broad, your citation notice should specify which underlying requirement was violated. Review that detail carefully — it will guide your corrective action and help you avoid a repeat citation.
What our enforcement data actually shows
Across our 13 million+ roadside inspection records, 398.4-MW is a rarely enforced code. We have recorded 13 all-time citations for this violation, with 8 citations in the last 12 months and 0 in the last 90 days. This code ranks #2110 out of 3,036 FMCSR codes by citation volume.
None of the 13 all-time citations resulted in an out-of-service order — the OOS rate is 0.0%. This differs significantly from the all-FMCSR average OOS rate of 31.4%, suggesting that when inspectors cite 398.4-MW, the violation is typically resolved through a warning, citation, or corrective action short of removing the vehicle from service. However, the rarity of enforcement does not mean the requirement is less important; it may reflect the relatively small population of carriers specializing in migrant worker transport that face roadside inspection.
Over the last 12 months, citation activity has been sporadic: 3 citations in May 2025, 2 in July 2025, and single citations each in August, September, and October 2025. No citations were recorded in the remaining months, indicating this is not a high-volume, consistent enforcement area.
Who gets cited most
Our inspection records show that enforcement of 398.4-MW is concentrated among a small number of carriers. JR CUSTOM HARVESTING CO INC (USDOT 703064) accounts for 2 of the 13 all-time citations. The remaining 11 citations are distributed across nine other carriers, each with a single citation: CALIFORNIA RELOCATION SERVICES INC, J B CRITCHLEY INC, RVM TRUCKING LLC, WRIGHT WAY TRANSPORTATION LLC, UNITED BROS TOWING LLC, MAHAR TRANS INC, ROYAL OAK AG SERVICES INC, J A M PACKING INC, and NAROCO TRANSPORT LLC.
Because the data does not break down citations by state, we cannot identify which states account for the highest volume of 398.4-MW enforcement. However, the concentration among agricultural and relocation service carriers suggests that enforcement occurs in regions with significant seasonal or migrant worker movements.
How severe is this compared to similar codes
398.4-MW falls within the Unsafe Driving category alongside codes like 392.2 (Operating a CMV while ill or fatigued), which has 1,208,164 all-time citations and a 0.8% OOS rate. Other peer codes in the same category include 392.2-SLLSR with 191,232 citations and a 0.1% OOS rate, and 392.2RG with 96,652 citations and a 0.1% OOS rate.
The contrast is stark: 398.4-MW has generated only 13 citations against millions for fatigued-driving violations. This suggests that 398.4-MW violations are either rare, highly situational, or concentrated in a narrow segment of the industry. The 0.0% OOS rate for 398.4-MW also stands apart from the 0.8–2.4% OOS rates typical of other unsafe driving codes, reinforcing that this citation path does not routinely result in vehicle removal.
How to avoid it
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Conduct a pre-trip inspection focused on passenger safety. Check that all seats, restraints, and handholds are secure and functional. Verify that doors open and close smoothly and that emergency exits are clear and accessible. If you are transporting migrant workers, their safety features must be in the same condition you would expect for any passenger load.
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Verify compliance with cargo securement and occupancy limits. Do not exceed the vehicle's rated passenger capacity. Secure any luggage, tools, or equipment so it cannot shift or fall during braking or turns. Loose items pose a hazard to passengers and can trigger a safety violation.
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Review your hours of service and fatigue status before departure. Operating a vehicle while fatigued is both unsafe and a violation of FMCSR 392.2 (a peer code with far higher enforcement volume). If you are transporting migrant workers, the inspector will be especially attentive to your alertness and vehicle control.
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Ensure your vehicle's brakes, steering, and suspension meet regulatory standards. Migrant worker transport vehicles in our data included Freightliner (FRHT), Bluebird (BLUB), Chevrolet, Dodge, Hyster, International, Mitsubishi, Thomas, utility vehicles, and Airstream models. Whatever your vehicle make, pre-trip brake and steering checks are non-negotiable. A vehicle with compromised handling or stopping ability is a regulatory red flag and a safety hazard.
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Keep your maintenance records accessible. Roadside inspectors verify that required maintenance — especially for brakes, lights, and structural integrity — has been performed on schedule. A vehicle lacking maintenance documentation is more likely to be cited for condition violations that could be labeled under the broader 398.4-MW code.
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Communicate with dispatch about regulatory requirements. If your carrier has specific policies or checklists for migrant worker transport, follow them before every trip. If you are unsure whether your load qualifies as migrant worker transport, ask your carrier or compliance team. Clarity upfront prevents guesswork at a roadside inspection.