[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR392.9a]



[Page 354-355]

 

                        TITLE 49--TRANSPORTATION

 

        CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION,

                      DEPARTMENT OF TRANSPORTATION

 

PART 392_DRIVING OF COMMERCIAL MOTOR VEHICLES--Table of Contents

 

                            Subpart A_General

 

Sec.  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 vehicle providing transportation 

requiring operating authority shall be ordered out of service if it is 

determined that the motor carrier responsible for the operation of such 

a vehicle is operating in violation of paragraph (a) of this section. In 

addition, the motor carrier may be subject to penalties in accordance 

with 49 U.S.C. 14901.



[[Page 355]]



    (c) Administrative Review. Upon issuance of the out-of-service order 

under paragraph (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 not later than 10 days after issuance of such order.



[71 FR 50867, Aug. 28, 2006]