What 398.6 means in plain language
FMCSR 398.6 addresses hours-of-service compliance when your truck is transporting migrant workers. This regulation exists because migrant worker transportation has specific safeguards built into federal motor carrier rules—beyond the standard hours-of-service limits that apply to most commercial operations.
When you're cited for 398.6, it means an inspector found that your operation violated the hours-of-service requirements that apply to migrant worker transport. This could mean exceeding the allowed driving hours, failing to take mandated rest breaks, or not maintaining records that prove compliance with the migrant worker-specific rules.
The key distinction: this code is separate from general hours-of-service violations because migrant worker transport carries additional regulatory oversight. If you haul migrant workers, you need to know and follow these specific rules alongside standard FMCSR Part 395 hours limits.
What our enforcement data actually shows
Across our database of 13 million+ roadside inspection records, 398.6 is rarely cited. We have recorded 10 all-time citations for this code, with only 1 citation in the last 12 months and none in the last 90 days. This makes 398.6 the #2191 ranked code out of 3,036 FMCSR violations by citation frequency.
When inspectors do cite 398.6, the consequences are relatively serious. Our data shows a 40.0% out-of-service rate for this code—meaning 4 out of 10 drivers were pulled from service. This is 8.6 percentage points higher than the all-FMCSR average out-of-service rate of 31.4%, indicating that officers view 398.6 violations as substantive compliance failures.
The rarity of this citation suggests two things: either relatively few carriers operate migrant worker transport, or those who do are largely compliant. However, when non-compliance is found, enforcement is swift and stringent.
Who gets cited most
Our inspection records do not provide geographic state-level breakdowns for 398.6 citations in the data available. However, our carrier-level data shows that across all-time citations, OM SHIVA TRUCKING INC (USDOT 4096475) accounts for 2 citations, while eight other carriers each account for 1 citation: IRMA Y MORALES (USDOT 2513528), DS LINE LLC (USDOT 2586061), CALIFORNIA LOGISTICS LLC (USDOT 2916668), PACIFIC CREST EXCAVATING LLC (USDOT 1817440), YG TRANSPORTATION INC (USDOT 3566067), AULAKH BROTHERS TRANSPORT INC (USDOT 3885681), MALWA TRUCK INC (USDOT 3997435), and CHANDI TRUCKING INC (USDOT 3006995).
The vehicle makes most frequently cited for 398.6 are Freightliners (FRHT) and Gray-Darts (GDAN), each with 4 citations all-time, followed by utility vehicles (UTIL) at 2 citations. This pattern likely reflects the prevalence of these heavy-duty and specialized makes in migrant worker transport operations.
How severe is this compared to similar codes
Within the hours-of-service compliance category, 398.6 has a peer code: 398.6-MW (Migrant Workers - Violation of hours of service regulations for transportation of migrant workers), which shows 1 citation and a 0.0% out-of-service rate in our records.
The distinction between 398.6 and 398.6-MW in enforcement outcomes is notable. While both codes address migrant worker hours compliance, 398.6 has generated significantly more citations (10 vs. 1) and a markedly higher out-of-service rate (40.0% vs. 0.0%). This suggests that 398.6 violations, when they occur, are treated more severely by roadside inspectors than the peer designation.
How to avoid it
If you transport migrant workers, take these steps before and during every trip:
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Know the migrant worker-specific hours rules. Standard FMCSR Part 395 hours apply, but migrant worker transport may have additional recordkeeping and rest-period requirements. Obtain and review your company's migrant worker transport policy before dispatch.
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Plan your route and rest stops in advance. Pre-trip planning that accounts for migrant worker transport rest requirements—not just driver fatigue—prevents violations. Mark mandatory rest locations on your manifest.
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Keep meticulous logs. Inspectors checking 398.6 compliance are scrutinizing your hours-of-service records. Ensure your logbook (electronic or paper) clearly documents all driving time, rest breaks, and off-duty periods. Any ambiguity invites a violation.
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Verify your vehicle is road-ready. Freightliners and Gray-Darts dominate the citation data for this code. Ensure your pre-trip inspection covers brakes, lights, tires, and cargo securement—a mechanical defect can lead an inspector to examine your logs more closely, uncovering hours violations.
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Understand co-occurring violations. While 398.6 violations are rare, inspect your company's historical citations to identify patterns. If your fleet has had similar hours violations, implement additional driver training and electronic logging device monitoring to catch compliance drift before roadside.
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Communicate with dispatch. Make dispatch aware of migrant worker transport appointments and realistic arrival windows. Pressure to arrive early or late often drives hours violations. A transparent conversation between driver and dispatcher can prevent a citation.