[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: 49CFR398.2]



[Page 487]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 398_TRANSPORTATION OF MIGRANT WORKERS--Table of Contents

 

Sec. 398.2  Applicability.



    (a) General. The regulations prescribed in this part are applicable 

to carriers of migrant workers by motor vehicle, as defined in Sec. 

398.1(b), but only in the case of transportation of any migrant worker 

for a total distance of more than 75 miles (120.7 kilometers) in 

interstate commerce, as defined in 49 CFR 390.5.

    (b) Exception.

    (1) The regulations prescribed in this part are not applicable to 

carriers of migrant workers by motor vehicle, as defined in Sec. 

398.1(b), when:

    (i) The motor vehicle is designed or used to transport between 9 and 

15 passengers (including the driver);

    (ii) The motor carrier is directly compensated for the 

transportation service; and

    (iii) The vehicle used to transport mirgrant workers is operated 

beyond a 75 air-mile radius (86.3 statute miles or 138.9 kilometers) 

from the driver's normal work-reporting location.

    (2) Carriers of migrant workers by motor vehicle that operate 

vehicles, designed or used to transport between 9 and 15 passengers 

(including the driver) for direct compensation, in interstate commerce, 

must comply with the applicable requirements of 49 CFR parts 385, 390, 

391, 392, 393, 395, and 396, when the motor vehicle is operated beyond a 

75 air-mile radius (86.3 statute miles or 138.9 kilometers) from the 

driver's normal work-reporting location.



[68 FR 47875, Aug. 12, 2003]