§ 500.101 Promulgation and adoption of vehicle standards.

(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 § 500.103.

(b) Compliance required. Any violation of the standards promulgated by the Secretary in § 500.104 or adopted by the Secretary in § 500.105 shall be a violation of the Act and these regulations.

(c) Development of Department of Labor Standards. In developing the regulations in § 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 § 500.105 of these regulations, the DOT standards, without regard to the mileage and boundary limitations established in 49 U.S.C. 3102(c).