New Entrant Safety Audit: What FMCSA Checks and How to Pass

Every new motor carrier gets a safety audit in its first year. Here is the timeline, what the auditor reviews, and the violations that fail you on their own.

By Evergreen ComplyLast verified October 2026Reviewed against the eCFR

The short answer

A new carrier is a new entrant for 18 months. FMCSA audits property carriers within the first 12 months, reviewing driver files, drug and alcohol testing, hours of service, maintenance and insurance. You fail if any one of 16 serious violations is found, or if your controls fall short in three of six areas. After a failure, property carriers have 60 days to fix it or lose their registration. 49 CFR 385.319

The new entrant timeline

Key dates for a new property carrier

Registration
Your 18 months of new entrant monitoring start once your registration is complete.
About 3 months in
The earliest FMCSA usually audits, once you have records to review.
By month 12
The audit deadline for property carriers (120 days for passenger carriers).
Within 45 days of the audit
FMCSA tells you in writing whether you passed.
60 days after a failure notice
Your deadline to fix the problems (45 days for passenger and placarded-hazmat carriers).

What the auditor reviews

The audit scores six areas. Each violation of an acute regulation counts 1.5 points and each critical violation counts one; three points in an area marks it inadequate. Appendix A to Part 385

The six audit areas

General
Insurance in force, accident register, and your USDOT record.
Driver
Drug and alcohol testing, CDLs and driver qualification files.
Operational
Hours of service and driving rules.
Vehicle
Inspection, repair and maintenance records, plus roadside out-of-service rates.
Hazardous materials
Shipping papers, placards and training, if you haul it.
Accidents
Your recordable accident rate per million miles.

The 16 violations that fail the audit automatically

One instance of any of these fails the audit, except the two that need 51% or more of the records reviewed. 49 CFR 385.321

  1. No drug and alcohol testing program
  2. No random testing program
  3. Using a driver with an alcohol level of 0.04 or higher
  4. Using a driver who refused a required test
  5. Using a driver who tested positive for drugs
  6. Using a driver without a valid CDL
  7. Using a driver whose CDL or permit is disqualified, or who has lost the right to drive in a state
  8. Using a driver who is disqualified from driving a CMV
  9. Using a disqualified driver under Part 391
  10. Using a physically unqualified driver
  11. Operating without the required liability insurance
  12. Operating a passenger vehicle without the required insurance
  13. Not requiring drivers to record hours of service (51% or more of records)
  14. Operating a vehicle placed out of service before it’s repaired
  15. Not fixing out-of-service defects a driver reported before the next trip
  16. Using vehicles that haven’t had a periodic inspection (51% or more)

Records to have ready

  • Driver qualification files: application, MVRs from every state licensed in the past three years, road test or CDL equivalent, medical certificate, previous employer checks and the annual review. 49 CFR 391.51
  • Drug and alcohol: written policy, pre-employment results, random pool enrollment and selections, Clearinghouse queries, and supervisor reasonable suspicion training. 49 CFR 382.603
  • Hours of service: ELD records or logs and supporting documents for the past six months. 49 CFR 395.8
  • Vehicles: a maintenance file for each truck and trailer, annual inspections and driver vehicle inspection reports. 49 CFR 396.3
  • Insurance and accidents: your policy with the MCS-90 endorsement and an accident register covering the past three years. 49 CFR 390.15

Supervisors of CDL drivers need reasonable suspicion training. Our online course covers the 60 minutes on drugs and 60 on alcohol that FMCSA requires.

New entrant safety audit FAQ

When is the new entrant safety audit?

FMCSA must audit a new property carrier within 12 months of its USDOT number, and a passenger carrier within 120 days. It usually waits until you have about three months of records to review.

Can I fail the audit for one violation?

Yes. Sixteen violations fail the audit on their own, such as having no drug and alcohol testing program or operating without the required insurance. Otherwise you fail if your controls are inadequate in three or more of the audit’s six areas.

What happens if I fail?

FMCSA sends a notice within 45 days. Property carriers then have 60 days to fix the problems, and passenger and placarded-hazmat carriers have 45. If FMCSA doesn’t accept your corrective action in time, it revokes your new entrant registration and you can’t operate.

Is the audit done in person?

It can be at your place of business or remote, with your records sent to the auditor. Either way, you must make every record available when asked.

What happens after I pass?

FMCSA keeps monitoring your roadside inspections for the rest of your 18 months. Serious problems in that time, such as a driver without a valid CDL or a 50% out-of-service rate, can bring an expedited audit.

Does an owner-operator need a drug testing program?

Yes, if you drive a vehicle that requires a CDL under your own authority. You are both employer and driver, so you need a policy, a pre-employment test, a consortium random pool and Clearinghouse queries.

Primary sources

Disclaimer: This guide summarizes federal FMCSA requirements and is not legal advice. Starting a new authority? How to start a trucking company covers the filings that come first.