---
kind: "section"
citation: "49 C.F.R. § 392.9a"
title: "49"
number: "392.9a"
heading: "Operating authority."
url: "https://uscodex.org/cfr/49/392.9a"
---

# §392.9a. Operating authority.

- (a) **Operating authority required.** A motor vehicle providing transportation requiring operating authority must not be operated—
  - (1) Without the required operating authority or
  - (2) **Beyond the scope of the operating authority granted.**
- (b) **Penalties.** Every motor carrier providing transportation requiring operating authority shall be ordered out of service if it is determined that the motor carrier is operating a vehicle in violation of [paragraph (a)](#a) of this section. In addition, the motor carrier may be subject to penalties in accordance with [49 U.S.C. 14901](/usc/49/14901.md).
- (c) **Administrative review.** Upon issuance of the out-of-service order under [paragraph (b)](#b) of this section, the driver shall comply immediately with such order. Opportunity for review shall be provided in accordance with [5 U.S.C. 554](/usc/5/554.md) not later than 10 days after issuance of such order.

## Notes

### Amendments

[71 FR 50867, Aug. 28, 2006, as amended at 78 FR 60233, Oct. 1, 2013]

### Authority

Authority: 49 U.S.C. 504, 13902, 31136, 31151, 31502; Section 112 of Pub. L. 103-311, 108 Stat. 1673, 1676 (1994), as amended by sec. 32509 of Pub. L. 112-141, 126 Stat. 405-805 (2012); and 49 CFR 1.87.

### Source

Source: 33 FR 19732, Dec. 25, 1968, unless otherwise noted.

### Amendments

[71 FR 50867, Aug. 28, 2006, as amended at 78 FR 60233, Oct. 1, 2013]