Direct answers about 392.9a(a) citations, OOS rates, CSA points, and what drivers need to do after being cited.
Ranks #3,037 of 3,146 FMCSR codes by citation frequency.
Motor carrier operating in interstate/foreign commerce beyond the scope of its operating authority.
Direct answers grounded in TruckCodex inspection data
No. Across our 13 million inspection records, 392.9a(a) citations have resulted in zero out-of-service placements, yielding a 0.0% OOS rate. While this violation is technically OOS-eligible under FMCSR rules, enforcement data shows inspectors are not using that authority. You will be cited, but your truck stays on the road.
A 392.9a(a) citation carries a CSA severity weight of 7 points. The final impact on your CSA record depends on how many violations accumulate within a 30-day window—each additional citation in that period multiplies the severity. Check your FMCSA Safety Management System (SMS) profile for your current BASIC scores to see the full effect.
First, review the inspection report carefully and confirm the citation details are accurate. Second, contact your carrier's compliance or safety department immediately—this violation relates to your carrier's operating authority, not typically your personal conduct as a driver. Third, document any evidence that contradicts the finding. Fourth, consider whether to contest through DataQs if you believe the citation is factually incorrect or improperly applied.
Relative to the full population of FMCSR violations, 392.9a(a) is exceptionally rare. Our database shows zero citations all-time for this code. Peer admin codes like 390.21TB2-DOT have 74,663 citations and 390.21T(b) has 61,097 citations. The rarity of 392.9a(a) enforcement suggests it is typically discovered only in circumstances where a carrier's operating authority is in genuine question.
Yes. DataQs (FMCSA's Roadside Inspection Data Quality challenge system) allows you or your carrier to contest any roadside inspection record, including 392.9a(a) citations. You have 60 days from the inspection to submit a challenge. Include documentation that shows your carrier held proper operating authority for the service rendered. Focus on factual evidence—operating authority is a matter of public record with FMCSA.
It is almost never cited. Our inspection records show zero citations for 392.9a(a) in the last 12 months and zero in the last 90 days. All-time across 13 million roadside inspections, this code has generated zero enforceable citations. This reflects either very low violation rates or inspector preference for citing more specific authority-related codes instead.
This is a carrier-level violation. 392.9a(a) cites a motor carrier for operating outside its FMCSA-issued operating authority—a company-level compliance issue, not a driver behavior issue. However, the violation may appear on your CSA record if you were operating the vehicle when cited. Your carrier's safety and legal team bears primary responsibility for resolving the underlying authority question.
Your carrier should immediately verify its operating authority scope with FMCSA (available in the FMCSA Licensing and Insurance System). If the carrier operates in a service classification not listed on its authorities, it must either: apply for authority amendment, cease that service, or prepare a DataQs challenge with proof of valid operating authority. Document all steps for your safety and legal files.
TruckCodex aggregates official public-sector datasets. See the Source registry for dataset-level coverage and the Freshness log for last-import timestamps.
Census, SAFER, SMS, Licensing & Insurance (L&I), roadside inspections, crashes, and authority history.
Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).
Cross-border carrier registry and Canadian recall campaigns where applicable.
TruckCodex is an independent aggregator; it is not affiliated with FMCSA, NHTSA, EIA, or Transport Canada. Always verify compliance-critical information directly with the originating agency.