---
kind: "section"
citation: "49 C.F.R. § 398.2"
title: "49"
number: "398.2"
heading: "Applicability."
url: "https://uscodex.org/cfr/49/398.2"
---

# §398.2. Applicability.

- (a) **General.** The regulations prescribed in this part are applicable to carriers of migrant workers by motor vehicle, as defined in [§ 398.1(b)](/cfr/49/398.1.md?p=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](/cfr/49/390.5.md).
- (b) **Exception.**
  - (1) The regulations prescribed in this part are not applicable to carriers of migrant workers by motor vehicle, as defined in [§ 398.1(b)](/cfr/49/398.1.md?p=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](/cfr/49/part385.md), [390](/cfr/49/part390.md), 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.

## Notes

### Amendments

[68 FR 47875, Aug. 12, 2003]

### Authority

Authority: 49 U.S.C. 13301, 13902, 31132, 31133, 31136, 31502, 31504; sec. 204, Pub. L. 104-88, 109 Stat. 803, 941; sec. 212, Pub. L. 106-159, 113 Stat. 1748, 1766; and 49 CFR 1.87.

### Source

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

### Amendments

[68 FR 47875, Aug. 12, 2003]