New Entrant Safety Audit Requirements
Every new motor carrier is monitored for 18 months and gets a safety audit within its first 12 months of operating. The audit reviews your driver files, hours records, maintenance, accident register and drug and alcohol testing. Sixteen violations fail it on the spot. If you fail, you have 60 days to fix the problems before FMCSA revokes your registration and puts you out of service.
Facts checked October 15, 2026
Key Points
- A motor carrier must register with FMCSA and get a USDOT number before it runs interstate. A for-hire carrier also needs operating authority, unless its freight is exempt (49 CFR 385.301)
- After that, the carrier is a new entrant for 18 months. FMCSA watches its roadside performance during that time (49 CFR 385.307)
- The law says a property carrier must have its safety review within 12 months of starting to operate. A passenger carrier gets 120 days (49 U.S.C. 31144(g))
- The audit looks at five areas: driver qualification, driver duty status, vehicle maintenance, the accident register, and drug and alcohol testing (49 CFR 385.311)
- Sixteen violations fail the audit automatically. Fourteen fail it on one occurrence. Two need 51 percent or more of the records checked to be bad (49 CFR 385.321)
- Otherwise FMCSA scores your safety controls in six factors. Three or more points in a factor means it failed. Failing three factors fails the audit (Appendix A to Part 385)
- FMCSA must send the result within 45 days. After a fail you have 60 days to fix the problems, or 45 days if you carry hazmat or certain passenger loads (49 CFR 385.319)
The 16 violations that fail a new entrant safety audit
| Rule | How many it takes | |
|---|---|---|
| No drug and alcohol testing program | 49 CFR 382.115 | One |
| Using a driver known to have an alcohol level of 0.04 or more | 49 CFR 382.201 | One |
| Using a driver who refused a required test | 49 CFR 382.211 | One |
| Using a driver known to have tested positive for a controlled substance | 49 CFR 382.215 | One |
| No random testing program | 49 CFR 382.305 | One |
| Knowingly using a driver who has no valid CDL | 49 CFR 383.3(a) and 383.23(a) | One |
| Knowingly using a driver whose CDL is disqualified by a state | 49 CFR 383.37(b) | One |
| Knowingly letting a disqualified driver drive a CMV | 49 CFR 383.51(a) | One |
| Running without the minimum insurance | 49 CFR 387.7(a) | One |
| Running a passenger vehicle without the minimum insurance | 49 CFR 387.31(a) | One |
| Knowingly using a disqualified driver | 49 CFR 391.15(a) | One |
| Knowingly using a driver who is not physically qualified | 49 CFR 391.11(b)(4) | One |
| Not requiring drivers to keep a record of duty status | 49 CFR 395.8(a) | 51 percent or more of the records checked |
| Running a vehicle that is out of service before it is repaired | 49 CFR 396.9(c)(2) | One |
| Not fixing out-of-service defects from a driver's report before the vehicle runs | 49 CFR 396.11(a)(3) | One |
| Using a vehicle that has not had its periodic inspection | 49 CFR 396.17(a) | 51 percent or more of the records checked |
Who has to go through the new entrant program?
A motor carrier has to register with FMCSA and get a USDOT number before it begins interstate operations. A for-hire carrier must also get operating authority, unless it hauls only freight that is exempt (49 CFR 385.301). The program covers carriers based in the United States and Canada. It does not cover carriers based in Mexico. Once a carrier meets those starting rules, it is a new entrant for 18 months (49 CFR 385.307). If you start your own authority, this applies to you.
When does the safety audit happen?
By law, a property carrier must have its safety review within 12 months of starting to operate. A passenger carrier must have it within 120 days (49 U.S.C. 31144(g)). FMCSA waits until the carrier has enough records to review. The rule says that is generally at least 3 months (49 CFR 385.307). FMCSA can move faster. It can do an expedited audit if the carrier uses a driver without a valid CDL, or runs a vehicle that was put out of service without fixing it. The same goes for a driver who tests positive or refuses a test, and for running without the required insurance. A driver or vehicle out-of-service rate of 50 percent or more over at least 3 inspections in 90 days also counts (49 CFR 385.308).
What does the safety audit check?
The auditor reviews your safety systems and a sample of the records the rules require. The areas are driver qualification, driver duty status, vehicle maintenance, the accident register, and drug and alcohol testing (49 CFR 385.311). An auditor with FMCSA certification does the audit (49 CFR 385.313). It is generally done at your place of business (49 CFR 385.315). The goals are to teach you the rules and to collect data on your safety controls (49 CFR 385.309). A safety audit does not give you a safety rating. Ratings come after a compliance review (49 CFR 385.317). At the end, the auditor goes over the findings with you.
What makes a new entrant fail the audit?
There are two ways to fail. The first is any of the 16 violations in the table above. The second is a low score. FMCSA gives 1.5 points for each acute violation and 1 point for each critical one. It sorts rules into six factors: general, driver, operational, vehicle, hazmat and accidents. Three or more points in a factor means that factor failed. If three factors fail, the audit is failed (Appendix A to Part 385). A vehicle out-of-service rate of 34 percent or more, over at least 3 inspections in the past 12 months, adds a point. The accident factor counts only with 2 or more recordable accidents in 12 months and a rate above 1.5 per million miles, or 1.7 for a carrier that runs only within 100 air miles.
What happens after you pass or fail?
FMCSA must send a written result within 45 days of finishing the audit (49 CFR 385.319). If you pass, you stay under watch for the rest of the 18 months. If you fail, the notice says your registration will be revoked and your operations put out of service unless you fix the problems. You have 60 days. A carrier of hazmat or certain passenger loads has 45 days. FMCSA can extend the time by up to 60 days, or 10 days for the shorter period, if you are making a good effort (49 CFR 385.323). If your proof is accepted, you keep operating. If not, you are out of service from day 61, or day 46 for the shorter period, and you may not run interstate (49 CFR 385.325).
Can you challenge a failed audit, and can you start over?
Yes to both. You can ask for an administrative review within 90 days if you think FMCSA made an error. Send the request within 15 days if you want a decision before the out-of-service date. FMCSA decides within 45 days, or 30 days for the shorter period (49 CFR 385.327). If your registration is revoked, you may reapply no sooner than 30 days later. You must send an updated MCS-150, show that you fixed the problems, and start the 18 months over (49 CFR 385.329T). If you refuse the audit, FMCSA gives you 10 days to agree in writing. After that, your registration is revoked on day 11 (49 CFR 385.337).
When does the new entrant period end?
If you had a safety audit within the 18 months and you are not under a revocation or corrective action order, FMCSA removes the new entrant label. It tells you in writing that your registration is permanent. After that, FMCSA treats you like any other carrier (49 CFR 385.333). If the audit has not happened by month 18 and it is not your fault, you stay a new entrant until it does. A compliance review that ends in a safety fitness determination can take the place of the audit (49 CFR 385.335).
Related Free Tools
New Authority Checklist
A step-by-step guide to getting your MC number and starting your trucking operation.
DOT Audit Readiness Checklist
An interactive compliance checklist to get ready for a DOT compliance review.
Drug & Alcohol Testing Tracker
Track DOT-required random testing compliance. FMCSA minimums: 50% drug, 10% alcohol.
CDL & Compliance Deadline Tracker
Track all compliance deadlines in one place with color-coded alerts.
Frequently Asked Questions
How long after I get my authority will FMCSA audit me?+
By law, within 12 months of when you start operating, or 120 days for a passenger carrier (49 U.S.C. 31144(g)). FMCSA waits until you have enough records, which is generally at least 3 months. It can audit sooner if you have a serious violation, such as using a driver with no valid CDL.
How long does the new entrant period last?+
18 months (49 CFR 385.307). It ends when FMCSA has done your audit, you are not under a revocation or corrective action order, and it tells you in writing that your registration is permanent (49 CFR 385.333).
What are the automatic fail items on a new entrant safety audit?+
There are 16. They cover drug and alcohol testing programs, drivers with no valid CDL or who are disqualified or not physically qualified, and running without minimum insurance. They also cover out-of-service vehicles and DVIR defects that are not fixed. Two of them, missing records of duty status and missing periodic inspections, need 51 percent or more of the records checked to be bad. See the table above for each rule.
What happens if I fail the safety audit?+
FMCSA sends a notice within 45 days. You have 60 days to fix the problems, or 45 days if you carry hazmat or certain passenger loads. FMCSA can extend the time. If your proof is not accepted, your registration is revoked and you are out of service (49 CFR 385.319 and 385.325).
Can I get my registration back after it is revoked?+
You can reapply no sooner than 30 days after the revocation. You must send an updated MCS-150 and show that you fixed the problems. The 18 months start over. A for-hire carrier that lost its operating authority must also reapply for that (49 CFR 385.329T).
Is a new entrant safety audit the same as a compliance review?+
No. A safety audit teaches you the rules and checks that your basic safety controls work. It does not result in a safety rating. A compliance review is a deeper look that does lead to a safety fitness determination (49 CFR 385.317). FMCSA may also schedule a compliance review of a new entrant that commits one of the serious violations in 49 CFR 385.308, at any time.
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This is a plain-language summary for reference, not legal advice. Check the official rule text before you rely on any detail. Ask a compliance professional about your own operation.