FMCSR 398.7 Q&A: Migrant Worker Vehicle Inspections

No. A 398.7 citation will not result in an out-of-service order. Across our inspection records, zero out of 9 all-time 398.7 citations resulted in a vehicle being placed out of service, giving this code a 0.0% OOS rate. This is significantly lower than the 31.4% average OOS rate across all FMCSR codes, making 398.7 one of the least severe violations you can receive.

No, 398.7 is among the least serious maintenance violations. Our database shows 398.7 has a 0.0% out-of-service rate, while similar vehicle maintenance codes like inoperable required lamps (393.9) carry a 6.9% OOS rate and slack adjuster defects (393.47E) sit at 0.0% but have 180,363 citations versus only 9 for 398.7. The rarity of this citation (ranked #2230 of 3,036 FMCSR codes) suggests it is enforced only in very specific circumstances.

First, obtain a copy of the inspection report detailing the specific deficiency. Second, review your vehicle maintenance records for the cited truck. Third, if the violation relates to documentation (proof of inspection or maintenance records), gather those documents immediately. Fourth, consult with your carrier's compliance team or a transportation compliance professional to determine the next steps. If the violation is documentation-based, it may be contestable through the DataQs dispute system.

Very rarely. Across 13 million inspections in our database, 398.7 has been cited only 9 times all-time, with zero citations in the last 12 months and zero in the last 90 days. This extreme rarity makes 398.7 one of the least-enforced FMCSR codes. Most drivers will never encounter this violation.

Possibly, depending on the type of finding. If the citation is based on missing or incomplete documentation (such as inspection records or maintenance logs), you may contest it through the DataQs Roadside Inspection Data Reporting system by submitting evidence that the required records existed at the time of inspection. If the violation involves a physical vehicle condition, contestability is more limited. Submit your dispute within the timeframe specified by your state's DOT or the enforcement agency.

Freight trucks (FRHT) and International trucks (INTL) are the only vehicle makes with multiple citations in our database, each with 2 citations for 398.7. Other cited makes include ACE, GDAN, PETR, and UTIL, each with 1 citation. The small sample size (9 total citations) means no clear pattern emerges, but the prevalence of commercial truck manufacturers reflects the migrant worker transportation context.

Low urgency. Code 398.7 has a 0.0% out-of-service rate, meaning the violation does not trigger immediate vehicle removal from service. Additionally, zero citations have been issued in the last 90 days, indicating minimal enforcement activity nationally. However, you should still address the specific deficiency noted on your citation to avoid future enforcement action and maintain compliance with FMCSR standards for vehicles transporting migrant workers.

Our inspection records show nine carriers with a single 398.7 citation each: Southern Glazer's Wine and Spirits LLC, VRP Transportes de Mexico S de RL de CV, One World Logistics of America Inc, FVF Trucking, Victor Badaly, Kerb Union Corp, Ganahl Lumber Company, Setit General Transportation LLC, and Victor Logistics Inc. The single citation per carrier suggests these were isolated incidents rather than systemic compliance issues.