Direct answers to driver questions about 398.4 citations. Out-of-service rates, what happens next, and how this violation compares to other unsafe driving codes.
Ranks #1,990 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.0% is below the FMCSR-wide average of 33.3%.
Driving of vehicles - Transportation of Migrant Workers
Direct answers grounded in TruckCodex inspection data
No. Across our 13 million+ inspection records, 398.4 has resulted in zero out-of-service placements—a 0.0% OOS rate. This code is not OOS-eligible under FMCSR rules.
For context, the all-FMCSR average OOS rate is 31.4%, so this violation sits well below the national baseline for enforcement severity.
This is one of the rarest violations we track. Our inspection database shows just 19 all-time citations for 398.4 migrant worker transportation violations, ranking it #1962 of 3,036 FMCSR codes by citation volume.
More tellingly: zero citations were issued in the last 12 months and zero in the last 90 days. If you've received this citation, you're part of a very small enforcement group.
398.4 is significantly less severe than the most common unsafe driving violation: 392.2 (operating a CMV while ill or fatigued), which has generated over 1.2 million citations with a 0.8% OOS rate.
Our data shows 398.4 at 0.0% OOS rate—meaning no driver has been removed from service for this violation in our entire database. The contrast illustrates that 398.4 enforcement is exceptionally light relative to more prevalent unsafe driving codes.
Yes. The FMCSA DataQs system allows drivers and carriers to contest roadside inspection violations within 90 days of the inspection date. Your contestation succeeds when you can show the violation was not supported by evidence on the inspection report—for example, missing documentation of the violation or factual error by the inspector.
You'll need your inspection report number and a clear explanation of why the citation was improper. Submit through the FMCSA's DataQs portal.
Across our inspection records, 398.4 citations are concentrated among agricultural and migrant labor operations. Foothill Packing Inc (USDOT 823115) and Valley Pride Inc (USDOT 739483) each received 3 citations; Al Pak Labor and Bud Antle Inc each had 2.
The remaining citations are scattered across smaller carriers. This pattern reflects that the violation is tightly linked to specific business types rather than broad fleet categories.
TruckCodex aggregates official public-sector datasets. See the Source registry for dataset-level coverage and the Freshness log for last-import timestamps.
Census, SAFER, SMS, Licensing & Insurance (L&I), roadside inspections, crashes, and authority history.
Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).
Cross-border carrier registry and Canadian recall campaigns where applicable.
TruckCodex is an independent aggregator; it is not affiliated with FMCSA, NHTSA, EIA, or Transport Canada. Always verify compliance-critical information directly with the originating agency.