Compliance guide

Preparing for a New Entrant Safety Audit

Every new interstate motor carrier goes through FMCSA's New Entrant Safety Assurance Program (49 CFR Part 385, Subpart D). You're in a monitoring period for your first 18 months, and FMCSA will conduct a safety audit, usually within your first 12 months of operation. Many audits are now done remotely, with the carrier uploading records.

Fail it and you get a corrective action deadline. Miss that deadline and your registration can be revoked.

What the auditor reviews

  • Driver qualification files. Applications, MVRs, medical certification, previous employer checks, annual reviews.
  • Drug and alcohol program. Policy, pre-employment test results, random pool enrollment, Clearinghouse queries, supervisor training.
  • Hours of service. ELD records, supporting documents, and how you monitor drivers' hours.
  • Vehicle maintenance. Inspection, repair and maintenance records, driver vehicle inspection reports, annual inspections.
  • Insurance. Proof of required financial responsibility on file.
  • Accident register. A record of any DOT-recordable crashes.

Violations that mean automatic failure

Some violations fail the audit by themselves, no matter how good everything else is. Among the most common for small carriers:

  • No drug and alcohol testing program, or no random testing program
  • Using a driver before getting a negative pre-employment drug test
  • Using a driver who failed or refused a test without completing return-to-duty
  • Using a driver without a valid CDL, or one who's disqualified
  • Using a driver without a valid medical certification
  • Operating without the required insurance
  • Operating a vehicle placed out of service before it's repaired

The full list is in Appendix A to Part 385, Subpart D.

How to be ready before they call

  1. Build one audit binder, paper or digital, with a section for each area above.
  2. Run a self-audit. Pull every DQ file and check it against the requirements, item by item.
  3. Confirm your random pool. Make sure every driver, including you, is enrolled, and that your consortium can produce selection records.
  4. Pull 6 months of logs and check for violations and missing supporting documents.
  5. Match maintenance files to every unit you've operated, including trucks you've sold.
  6. Know your answers. The auditor will ask how you monitor hours and how you'd handle a positive test.

If you fail

You'll get a notice listing the violations and a deadline to submit a corrective action plan. Take it seriously. Fix the actual problems, document what you changed, and submit before the deadline.

Educational content only. Not legal advice. Not affiliated with the U.S. DOT or FMCSA. Regulations change; verify against the current eCFR.