Violation code

398.8C2MW

Migrant Workers - Operate under an out-of-service order

Not in SMSNon-OOS· FMCSA A&I All Violations

398.8C2MW is a Driver violation under 49 CFR §398.8C2MW. It is not scored in the SMS. Nationally it was cited 11 times in the last five years, with an OOS rate of 0.0%.

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National roadside inspection stats

as of 6/20/2026

Inspections

that found this code

Violations

total written

OOS rate

0.0%

0 OOS

Source: FMCSA roadside inspection data (last 5 years). The OOS rate is the share of these violations that led the officer to mark the driver or vehicle out of service.

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Not used in SMS BASIC scoring

Recorded on your inspection report and visible on the PSP, but contributes 0 points to CSA BASIC scores — even if cited Out-of-Service.

Violation group: Driver
Regulation §: 398.8C2MW
Severity weight: N/A
Used in SMS: No
Status: Active
Updated: 6/20/2026

Last updated June 2026

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Challenging 398.8C2MW through FMCSA DataQs

If this violation was written incorrectly, here are the angles trucking-safety managers use to contest it. Playbook: Driver Fitness.

Common ways to challenge this code

Medical certificate was valid and on file
A valid medical examiner's certificate was in the driver's qualification file and was either not produced at roadside or not properly recognized.
Evidence that wins
- ✓Copy of the valid medical examiner's certificate
- ✓Driver qualification file index
- ✓National Registry verification printout
CDL class / endorsement was correct for the operation
The driver's CDL class and endorsements were correct for the vehicle and cargo being operated.
Evidence that wins
- ✓Copy of the valid CDL with endorsements
- ✓Vehicle registration showing GVWR/configuration
- ✓Bill of lading or shipping papers showing cargo

Common pitfalls — avoid these

⚠A medical certificate that expired the DAY of inspection still fails — there is no grace period

⚡ Draft a challenge for 398.8C2MW →Read the DataQs guide first

Other Driver codes

Codes under the same FMCSA violation group

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Frequently asked questions about 398.8C2MW

What does violation 398.8C2MW mean?

398.8C2MW is the FMCSA roadside-inspection violation code for "Migrant Workers - Operate under an out-of-service order", part of the Driver group, cited under 49 CFR §398.8C2MW.

What BASIC does 398.8C2MW affect?

398.8C2MW is not scored in any CSA BASIC. It is recorded on the inspection report and appears on the PSP, but it contributes 0 points to a carrier's SMS BASIC percentiles.

Is 398.8C2MW an out-of-service (OOS) violation?

No. 398.8C2MW is not an out-of-service violation, so on its own it does not trigger an out-of-service order at the roadside.

How many CSA points does 398.8C2MW add?

398.8C2MW adds 0 CSA points because it is not used in SMS scoring, even when written out of service.

Can 398.8C2MW be challenged through DataQs?

Yes. If you believe 398.8C2MW was recorded in error, you can file a Request for Data Review (RDR) through the FMCSA DataQs system with supporting evidence. A successful challenge can remove or correct the violation on your record.

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