Direct answers about 398.5 citations for vehicle maintenance on migrant worker transport. Will it ground your truck? How serious is it? What to do next.
Ranks #2,335 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.0% is below the FMCSR-wide average of 33.3%.
Failure to maintain vehicle for safe operation - Transportation of Migrant Workers
Direct answers grounded in TruckCodex inspection data
No. Across our inspection database, 398.5 has never resulted in an out-of-service order—the OOS rate is 0.0%. All 7 citations on record were issued as violations but the vehicles remained in service. For context, the average FMCSR code results in an OOS decision 31.4% of the time, so 398.5 sits well below that threshold. You won't lose the truck over this citation, but you must still address the underlying maintenance defect.
398.5 is relatively uncommon and carries lower enforcement risk than similar vehicle maintenance violations. Our records show only 7 all-time citations, ranking it #2312 of 3,036 FMCSR codes. By contrast, peer codes like inoperable lamps (393.9) have over 660,000 citations with a 15.4% OOS rate, and general inspection/repair requirements (396.3) exceed 236,000 citations at 45.3% OOS. The rarity of 398.5 enforcement suggests it is cited only in clear-cut cases involving migrant worker transport vehicles.
First, identify the specific maintenance defect noted in the inspection report—398.5 covers any failure to maintain safe operation on migrant worker transport vehicles. Document the current condition with photos. Second, repair the defect or have a certified mechanic inspect and certify the repair. Third, retain all receipts and work orders. Fourth, if you believe the citation is factually incorrect (e.g., the vehicle was actually in safe condition), you can contest it through the FMCSA DataQs system within 90 days of the citation date using your inspection report number. Finally, review your pre-trip and post-trip inspection procedures to prevent recurrence.
The CSA points assigned to a 398.5 citation depend on the severity level assigned by the inspector, which is not shown in our enforcement data. However, CSA points are typically calculated using a 30-day multiplier system—violations issued within the same 30-day period count only once toward your safety record, while older violations age out after a rolling 12-month window. Contact your FMCSA carrier safety consultant or query your profile on the FMCSA Safety Portal to see the exact points attributed to your citation.
Yes, you can contest any 398.5 citation through the FMCSA's DataQs (Data Quality System) within 90 days of the inspection date. DataQs allows drivers and carriers to challenge citations on two grounds: factual errors (e.g., the inspector misidentified the vehicle or the defect did not exist) or regulatory misinterpretation (e.g., the violation does not meet the definition). File your challenge using your inspection report number and supporting evidence such as repair records, photos, or witness statements. FMCSA will review and either uphold or remove the citation.
No. Across our inspection records, 398.5 enforcement is extremely sparse and stable. Over the last 12 months, only 2 citations were issued; over the last 90 days, there were 0. In the past year, enforcement occurred only in July 2025 (1 citation) and September 2025 (1 citation). This low and irregular trend indicates 398.5 is cited only in isolated instances, likely when a vehicle transporting migrant workers has a critical maintenance defect that escapes notice by the operator.
Our database shows 7 all-time 398.5 citations across a small range of vehicle makes: Freightliner (1 citation), Kenworth (1), Mack (1), and one commercial bus manufacturer (TRAO, 1 citation). The carriers cited include small and mid-sized operations such as Lester Brothers Excavation, John Orton Excavation, Elben Hauling, and several regional transportation companies. The diversity of makes suggests the violation is not tied to a specific truck model; rather, it reflects individual maintenance lapses on migrant worker transport vehicles.
Only if your vehicle has unaddressed maintenance defects. The 0.0% OOS rate and 7 all-time citations show 398.5 is applied sparingly. However, vehicles transporting migrant workers face heightened scrutiny because passenger safety is paramount. Ensure your vehicle passes pre-trip inspection, repair brakes, lighting, and steering promptly, and keep records of all maintenance. If you operate a commercial passenger vehicle, treat it to the same maintenance rigor as a full-time shuttle or bus operation.
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Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).
Cross-border carrier registry and Canadian recall campaigns where applicable.
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