(a) General. All transportation of migrant and seasonal agricultural
workers, whether on the farm or on the road, shall be subject to the
vehicle safety standards of the Act, except for activities under the
circumstances set out in Sec. 500.103.
(b) Compliance required. Any violation of the standards promulgated
by the Secretary in Sec. 500.104 or adopted by the Secretary in
Sec. 500.105 shall be a violation of the Act and these regulations.
(c) Development of Department of Labor Standards. In developing the
regulations in Sec. 500.104, the Secretary has considered among other
factors: (1) The type of vehicle used, (2) the passenger capacity of the
vehicle, (3) the distance which such workers will be carried in the
vehicle, (4) the type of roads and highways on which such workers will
be carried in the vehicle, and (5) the extent to which a proposed
standard would cause an undue burden on agricultural employers,
agricultural associations, or farm labor contractors.
(d) Adoption of Department of Transportation (DOT) Standards. In
accordance with section 401(b)(2)(C) of the Act, the Secretary has
adopted in Sec. 500.105 of these regulations, the DOT standards, without
regard to the mileage and boundary limitations established in 49 U.S.C.
3102(c).
