[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR398.2]

[Page 493-494]
 
                        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:

[[Page 494]]

    (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]