49 CFR § 392.9a - Operating authority.

---
identifier: "/us/cfr/t49/s392.9a"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "49 CFR § 392.9a - Operating authority."
title_number: 49
title_name: "Transportation"
section_number: "392.9a"
section_name: "Operating authority."
chapter_name: "FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
subchapter_number: "B"
subchapter_name: "FEDERAL MOTOR CARRIER SAFETY REGULATIONS"
part_number: "392"
part_name: "DRIVING OF COMMERCIAL MOTOR VEHICLES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
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."
regulatory_source: "33 FR 19732, Dec. 25, 1968, unless otherwise noted."
cfr_part: "392"
---


# 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) of this section. In addition, the motor carrier 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, as amended at 78 FR 60233, Oct. 1, 2013]