General

§392.9a Operating authority.

(a) Operating authority required. A motor vehicle providing transportation requiring operating authority must not be operated—

(a)(1) Without the required operating authority or

(a) (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.

(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.

[67 FR 55165, Aug. 28, 2002; 71 FR 50867, Aug. 28, 2006]