New Entrant Safety Audit Checklist

Tick off the 16 violations that fail a new carrier's safety audit automatically, then the records the auditor will ask for. Each line links to the regulation on eCFR.

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The 16 automatic-fail violations (49 CFR 385.321(b))

Any one of these found during the audit is an automatic failure. Items 13 and 16 fail only when 51% or more of the records examined are in violation; every other item fails on a single occurrence.

Records the auditor reviews

Appendix A to Part 385 says the safety audit reviews documents such as driver qualification files, records of duty status and vehicle maintenance records. Have these organized and ready to upload.

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What the New Entrant Safety Audit is

Every new interstate carrier enters an 18-month New Entrant monitoring period. During it, FMCSA runs a safety audit — within 12 months of getting your USDOT number for property carriers, and within 120 days for passenger carriers (Appendix A to Part 385). The auditor reviews your driver qualification files, hours-of-service records, maintenance records and other documents.

Two ways to fail

  • Any one of the 16 violations listed in 49 CFR 385.321(b). Most fail on a single occurrence; missing duty-status records and missing periodic inspections fail at 51% or more of the records examined.
  • Inadequate safety management controls in three or more of the six audit factors (general, driver, operational, vehicle, hazardous materials, accidents), scored under Appendix A.

A failed audit brings a notice that your new entrant registration will be revoked unless you take corrective action in time. This checklist helps you find gaps early; it doesn't replace the regulations, and only FMCSA decides the result of your audit.

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