[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR392.9a]

[Page 359-360]
 
                        TITLE 49--TRANSPORTATION
 
                      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

[[Page 360]]

may be subject to penalties in accordance with 49 U.S.C. 14901.
    (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]