[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR398.1]



[Page 486-487]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 398_TRANSPORTATION OF MIGRANT WORKERS--Table of Contents

 

Sec. 398.1  Definitions.









Sec.

398.1 Definitions.

398.2 Applicability.

398.3 Qualifications of drivers or operators.

398.4 Driving of motor vehicles.

398.5 Parts and accessories necessary for safe operation.

398.6 Hours of service of drivers; maximum driving time.

398.7 Inspection and maintenance of motor vehicles.

398.8 Administration inspection of motor vehicles in operation.



    Authority: 49 U.S.C. 13301, 13902, 31132, 31133, 31136, 31502, and 

31504; sec. 204, Pub. L. 104-88, 109 Stat. 803, 941 (49 U.S.C. 701 

note); sec. 212, Pub. L. 106-159, 113 Stat. 1748, 1766; and 49 CFR 1.73.



    Source: 33 FR 19765, Dec. 25, 1968, unless otherwise noted.



    Editorial Note: Nomenclature changes to part 398 appear at 66 FR 

49874, Oct. 1, 2001.





    (a) Migrant worker. ``Migrant worker'' means any individual 

proceeding to or returning from employment in agriculture as defined in 

section 3(f) of the Fair Labor Standards Act of 1938, as amended (29 

U.S.C. 203(f)) or section 3121(g) of the Internal Revenue Code of 1954 

(26 U.S.C. 3121(g)).

    (b) Carrier of migrant workers by motor vehicle. ``Carrier of 

migrant worker by motor vehicle'' means any person, including any 

``contract carrier by motor vehicle'', but not including any ``common 

carrier by motor vehicle'', who or which transports in interstate or 

foreign commerce at any one time three or more migrant workers to or 

from their employment by any motor vehicle other than a passenger 

automobile or station wagon, except a migrant worker transporting 

himself/herself or his/her immediate family.

    (c) Motor carrier. ``Motor carrier'' means any carrier of migrant 

workers by motor vehicle as defined in paragraph (b) of this section.

    (d) Motor vehicle. ``Motor vehicle'' means any vehicle, machine, 

tractor, trailer, or semitrailer propelled or drawn by mechanical power 

and used upon the highways in the transportation of passengers or 

property, or any combination thereof, determined



[[Page 487]]



by the Administration, but does not include a passenger automobile or 

station wagon, any vehicle, locomotive, or car operated exclusively on a 

rail or rails, or a trolley bus operated by electric power derived from 

a fixed overhead wire, furnishing local passenger transportation in 

street-railway service.

    (e) Bus. ``Bus'' means any motor vehicle designed, constructed, and 

used for the transportation of passengers: Except passenger automobiles 

or station wagons other than taxicabs.

    (f) Truck. ``Truck'' means any self-propelled motor vehicle except a 

truck tractor, designed and constructed primarily for the transportation 

of property.

    (g) Truck tractor. ``Truck tractor'' means a self-propelled motor 

vehicle designed and used primarily for drawing other vehicles and not 

so constructed as to carry a load other than a part of the weight of the 

vehicle and load so drawn.

    (h) Semitrailer. ``Semitrailer'' means any motor vehicle other than 

a ``pole trailer'', with or without motive power designed to be drawn by 

another motor vehicle and so constructed that some part of its weight 

rests upon the towing vehicle.

    (i) Driver or operator. ``Driver or operator'' means any person who 

drives any motor vehicle.

    (j) Highway. ``Highway'' means the entire width between the boundary 

lines of every way publicly maintained when any part thereof is open to 

the use of the public for purposes of vehicular traffic.