(a) Any passenger automobile or station wagon used or caused to be
used by any farm labor contractor, agricultural employer or agricultural
association to transport any migrant or seasonal agricultural worker
shall meet the vehicle safety standards prescribed in Sec. 500.104.
(b) Any vehicle, other than a passenger automobile or station wagon,
used or caused to be used by any farm labor contractor, agricultural
employer or agricultural association to transport any migrant or
seasonal agricultural worker pursuant to a day-haul operation shall be
subject to the safety standards prescribed under Sec. 500.105.
(c) Any vehicle, other than a passenger automobile or station wagon,
which has been or is being used or caused to be used for any trip of a
distance greater than 75 miles by a farm labor contractor, agricultural
employer or agricultural association to transport any migrant or
seasonal agricultural worker, shall be subject to the safety standards
prescribed under Sec. 500.105. One trip may have numerous intermediate
stops.
(d) Any vehicle, other than a passenger automobile or station wagon,
used or caused to be used by any farm labor contractor, agricultural
employer or agricultural association to transport any migrant or
seasonal agricultural worker in any manner not addressed by paragraphs
(a), (b), or (c) of this section shall meet the vehicle safety standards
prescribed in Sec. 500.104.
(e) The use or intended use of a vehicle, other than a passenger
automobile or station wagon, for transportation of the type identified
in Sec. 500.102(b) or Sec. 500.102(c) will make the vehicle subject to
the standards prescribed under Sec. 500.105, so long as the vehicle is
used for transportation subject to the Act and these regulations.
(f) Any pickup truck used only for transportation subject to
Sec. 500.104 when transporting passengers only within the cab shall be
treated as a station wagon.
(g) Pursuant to section 401(b)(2)(C) of the Act, standards
prescribed by the Secretary shall be in addition to, and shall not
supersede nor modify, any standards prescribed under part II of the
Interstate Commerce Act and any successor provision of subtitle IV of
title 49, U.S. Code or the regulations issued thereunder which is
independently applicable to transportation to
which this section applies. A violation of any such standard shall also
constitute a violation of the Act and these regulations.
[48 FR 36741, Aug. 12, 1983; 48 FR 38380, Aug. 23, 1983]
