What 398.4 means in plain language
FMCSR 398.4 addresses the safe operation of commercial motor vehicles when transporting migrant workers. This regulation applies specifically to carriers who move migrant laborers as part of their business operations. The rule establishes baseline safety requirements for vehicles used in this type of work—ensuring drivers operate these vehicles in a manner that protects both the workers being transported and other road users.
If you were cited for 398.4, an inspector determined that your vehicle operation during migrant worker transportation fell short of federal safety standards. This could involve vehicle condition, driver behavior, loading practices, or operational procedures related to carrying migrant laborers.
What our enforcement data actually shows
Across our inspection records database of 13 million roadside inspections, FMCSR 398.4 is one of the least-cited regulations. We have recorded 19 all-time citations for this code, with 0 citations in the last 12 months and 0 in the last 90 days. This means 398.4 enforcement is extremely rare in current practice.
None of the 19 all-time citations resulted in an out-of-service (OOS) placement, giving this code a 0.0% OOS rate. By comparison, the all-FMCSR average OOS rate is 31.4%, meaning citations for 398.4 are handled far less severely than the typical FMCSR violation. Nationally, 398.4 ranks #1962 out of 3,036 FMCSR codes by citation volume—placing it in the bottom tier for enforcement frequency.
Who gets cited most
Our inspection records show that migrant worker transportation citations cluster among a small number of carriers. The top carriers cited for 398.4 include Foothill Packing Inc (USDOT 823115) and Valley Pride Inc (USDOT 739483), each with 3 citations. Al Pak Labor (USDOT 2865743) and Bud Antle Inc (USDOT 2934) each recorded 2 citations. The remaining seven carriers in our database with 398.4 citations each had only 1.
Vehicles cited for this code were predominantly BLUB-brand units (5 citations), with occasional Chevrolet, GMC, Hino, Icrp, and other makes appearing once or twice. This distribution reflects the specialized nature of migrant worker transport operations and the specific fleet types used in this industry segment.
How severe is this compared to similar codes
398.4 belongs to the Unsafe Driving category alongside several high-volume codes. For context, the most frequently cited unsafe driving violation in our database is 392.2 (Operating a CMV while ill or fatigued), which has 1,208,164 all-time citations—roughly 63,000 times more frequent than 398.4. The 392.2 code carries a 0.8% OOS rate, still far higher than 398.4's 0.0%.
Other unsafe driving codes like 392.2-SLLEQP (Operating a CMV while ill or fatigued) show a 2.4% OOS rate despite lower citation volume than 392.2. These comparisons demonstrate that 398.4 citations are both rare and treated as lower-severity violations in enforcement practice.
How to avoid it
Since 398.4 citations are so infrequent in our data and typically involve migrant worker transport operations, prevention focuses on baseline vehicle safety and proper operational practices:
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Verify vehicle safety before every trip: Conduct a thorough pre-trip inspection with specific attention to structural integrity, lighting, mirrors, and seating capacity. Ensure your vehicle is mechanically sound and meets all applicable safety standards.
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Know your payload and capacity limits: Confirm that your vehicle is rated and equipped to safely transport the number of workers you are carrying. Overloading or improper loading creates unsafe conditions.
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Maintain clean and secure loading areas: Remove debris, ensure flooring is secure and non-slip, and verify that all worker seating is properly installed and stable during operation.
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Drive defensively and within posted speeds: Maintain focus on road conditions, especially when carrying passengers. Smooth acceleration, braking, and cornering protects workers from injury.
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Keep current on vehicle maintenance records: Log all repairs and inspections so you can demonstrate to roadside inspectors that your vehicle meets federal safety standards.
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Understand your carrier's safety policies: If you drive for a carrier operating migrant worker transport, familiarize yourself with their procedures for vehicle operation, worker placement, and emergency response.
The rarity of 398.4 citations in our data suggests that most carriers and drivers comply with this regulation. If you received a citation, review the specific violation noted by the inspector and address it before your next transport operation.