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Compliance

New entrant safety audit: when it happens and what fails it

Updated

FMCSA runs a safety audit within 12 months after a new carrier starts operating, inside an 18-month monitoring period. There are 16 violations that fail the audit automatically. A property carrier that fails gets 60 days from the failure notice to fix the problems.

At a glance

When
Within 12 months after operations begin
Monitoring period
18 months
Automatic failures
16 listed violations
Result notice
No later than 45 days after the audit
Time to fix a failure
60 days for property carriers

When the audit happens

FMCSA describes the audit as happening within 12 months after you start operating. It sits inside an 18-month new entrant monitoring period, and passing the audit doesn't end that period early. The auditor can review your records on site or remotely.

The 12 months is FMCSA's program timeline. It doesn't set your exact audit date, so keep your records ready from the start.

What the auditor checks

  • Driver qualification files
  • Drug and alcohol testing controls
  • Hours of service records
  • Vehicle inspection and maintenance records
  • Insurance
  • How you manage safety overall

Records to keep from your first load

The audit areas tell you what to keep from day one:

  • A driver qualification file for each driver.
  • Enrollment in a drug and alcohol testing program with random testing, if your trucks need a CDL. Owner-operators join a consortium pool. See Clearinghouse.
  • Hours of service records.
  • Maintenance records and periodic inspection reports for each truck.
  • Proof your insurance is on file.

Keep driver and maintenance files organized from the start, before anyone asks for them.

The 16 violations that fail you automatically

Most of these fail the audit on a single occurrence. Two need a pattern: missing duty status records and missing periodic inspections fail you when 51% or more of the records checked are missing.

Area Violation Section (49 CFR)
Drug and alcohol No drug and alcohol testing program 382.115
Drug and alcohol Using a driver with an alcohol concentration of 0.04 or higher 382.201
Drug and alcohol Using a driver who refused a test 382.211
Drug and alcohol Using a driver who tested positive for drugs 382.215
Drug and alcohol No random testing program 382.305
Licensing Knowingly using a driver without a valid CDL 383.3(a) and 383.23(a)
Licensing Knowingly letting a driver with a disqualified CDL or CLP drive 383.37(b)
Licensing Knowingly using a disqualified driver to operate a CMV 383.51(a)
Driver qualification Knowingly using a disqualified driver 391.15(a)
Driver qualification Knowingly using a physically unqualified driver 391.11(b)(4)
Insurance No required insurance for property carriage 387.7(a)
Insurance No required insurance for passenger carriage 387.31(a)
Hours of service No duty status records, in 51% or more of records checked 395.8(a)
Vehicles Running a vehicle placed out of service before it's repaired 396.9(c)(2)
Vehicles Leaving out-of-service defects on a driver vehicle inspection report uncorrected 396.11(a)(3)
Vehicles No periodic inspection, in 51% or more of records checked 396.17(a)

After the audit

FMCSA sends a written pass or fail notice no later than 45 days after it finishes the audit.

If you fail, you have 60 days from the failure notice to correct the problems. Certain passenger carriers and new entrants hauling placardable hazmat get 45 days. Follow the date in your notice.

If the problems aren't fixed in time, your registration is revoked and you're placed out of service. You can reapply no earlier than 30 days after revocation, with the problems corrected, and a new 18-month monitoring period starts.

If you think the audit got something wrong, you can ask the FMCSA Field Administrator for an administrative review, generally within 90 days of the notice. To get a decision before out-of-service consequences start, ask within 15 days of the first failure notice. A request doesn't pause anything on its own.

See out-of-service orders for the other review paths.

Fake audit requests

FMCSA's fraud alerts page describes fake safety audit requests that ask for your PIN, EIN or Social Security number. Someone with those details can take over your FMCSA account.

Check any audit request with FMCSA directly before you send anything. See fake notices.

Track your first year. Enter your DOT number to see your authority dates, pulled from the latest FMCSA data. Check your status

Frequently asked questions

When does the new entrant safety audit happen?

FMCSA puts it within 12 months after you start operating, inside an 18-month monitoring period. The 12 months doesn't set your exact audit date.

What fails a new entrant audit automatically?

Any of the 16 listed violations, such as having no drug and alcohol testing program, no random testing or no required insurance. Most of them fail you on a single occurrence.

What happens if I fail the audit?

A property carrier gets 60 days from the failure notice to correct the problems. If they aren't fixed in time, your registration is revoked and you're placed out of service.

Can I appeal a failed new entrant audit?

You can ask the FMCSA Field Administrator for an administrative review, generally within 90 days of the notice. Ask within 15 days of the first failure notice to get a decision before out-of-service consequences start.