---
kind: "section"
citation: "49 C.F.R. § 209.5"
title: "49"
number: "209.5"
heading: "Service."
url: "https://uscodex.org/cfr/49/209.5"
---

# §209.5. Service.

- (a) **Each order, notice, or other document required to be served under ch.** II of subtitle B of [title 49 of the Code of Federal Regulations](/cfr/49.md) must be served by the following method:
  - (1) Any electronic method of delivery so long as there was no indication received that any transmission had failed; or
  - (2) In the event an electronic method of delivery is impossible, service may be made by U.S. mail.
- (b) **Service upon a person's duly authorized representative constitutes service upon that person.**
- (c) The date of service will be:
  - (1) If sent by an electronic method of delivery, the date of electronic transmission to the party to be served.
  - (2) **In the event an electronic method of delivery is impossible, and mailing is used, the postmark date.** An official U.S. Postal Service receipt from a registered or certified mailing constitutes prima facie evidence of service.
- (d) Each pleading must be accompanied by a certificate of service specifying how and when service was made.
- (e) When service must occur within a particular timeframe, the date certain when service must be completed will be determined in accordance with the computation of time provisions in [Rule 6](/cfr/49/6.md) of the Federal Rules of Civil Procedure, as amended.

## Notes

### Amendments

[91 FR 22063, Apr. 24, 2026]

### Authority

Authority: 49 U.S.C. 5123, 5124, 20103, 20107, 20111, 20112, 20114; 28 U.S.C. 2461 note; and 49 CFR 1.89.

### Source

Source: 42 FR 56742, Oct. 28, 1977, unless otherwise noted.

### Amendments

[91 FR 22063, Apr. 24, 2026]