FMCSR 398.6 Citation: What Drivers Need to Know

Yes—but not always. Across our inspection records, 398.6 citations result in an out-of-service order 40.0% of the time. That's higher than the national average OOS rate of 31.4% across all FMCSR codes, meaning inspectors are more likely to ground your truck when this violation is found. Of the 10 total citations in our database, 4 trucks were placed out of service and 6 were not. Whether yours gets the OOS order depends on the severity of the hours violation and your inspection history.

Yes. The 40.0% out-of-service rate for 398.6 exceeds the 31.4% national average, which means inspectors treat this violation as more serious than the typical FMCSR code. This violation is specifically tied to hours rules for migrant worker transportation, a federally monitored operation. While we have only one related peer code in our database (398.6-MW with a 0.0% OOS rate), the higher OOS rate on the standard 398.6 indicates enforcement severity.

Very rare. Our records show only 10 citations for 398.6 across all time, ranking it #2191 of 3,036 FMCSR codes by citation volume. In the last 12 months, there was only 1 citation, and in the last 90 days, there were 0. This is an uncommon violation, but when it does occur, the enforcement is strict—so compliance matters if your operation involves transporting migrant workers.

1. Document the citation details. Get a copy of the inspection report and note the specific hours violation cited.
2. Review your logbook. Confirm whether the violation is accurate or if there's a clerical error.
3. Notify your carrier/dispatcher. Report the citation and any OOS status immediately.
4. Check repair or compliance deadlines. If OOS was ordered, confirm the reinspection requirements with the roadside inspector.
5. Consider DataQs. If you believe the citation is factually incorrect, you can contest it through FMCSA's DataQs system within the required window.
6. Plan corrective action. If the citation is valid, work with your carrier to fix the underlying hours-tracking or operational issue.

Yes. If you believe the citation is factually incorrect—for example, if the hours violation didn't occur as documented or if the inspector misread your logbook—you can file a DataQs (Roadside Data Quality Feedback) challenge through FMCSA. The process requires submitting evidence (corrected logs, GPS records, signed testimony) within a defined period. DataQs is most effective for documentation errors or inspector mistakes, not for arguing the violation didn't happen. Consult your carrier's compliance team or a transportation attorney for guidance on your specific case.

OM SHIVA TRUCKING INC (USDOT 4096475) has the highest count at 2 citations. All other carriers in our data have 1 citation each: IRMA Y MORALES, DS LINE LLC, CALIFORNIA LOGISTICS LLC, PACIFIC CREST EXCAVATING LLC, YG TRANSPORTATION INC, AULAKH BROTHERS TRANSPORT INC, MALWA TRUCK INC, and CHANDI TRUCKING INC. The extremely low citation volume across all carriers suggests 398.6 enforcement is infrequent and scattered, not concentrated in any single operation type.

Very urgent if you've been placed out of service. Our records show that 40.0% of 398.6 citations result in OOS orders, meaning your truck may be grounded until reinspection. Even without an OOS order, the violation reflects non-compliance with federal hours rules for migrant worker transport, which can trigger follow-up enforcement. The rarity of these citations—only 1 in the last 12 months in our database—means when FMCSA is paying attention to migrant worker hours, enforcement is serious. Don't delay corrective action.

Both. Under FMCSA's CSA (Compliance, Safety, Accountability) program, hours-of-service violations are assigned to both the driver and the carrier. The violation appears on your record and on your company's Safety Event history, affecting your personal PSP (Pre-employment Screening Program) score and the carrier's BASIC (Behavior Analysis and Safety Improvement Categories) metrics. This means the citation can impact your employability and your carrier's insurance rates, audit frequency, and safety rating. Address it promptly with your carrier to mitigate both records.