The New Entrant safety audit: what to expect in your first 18 months
Checked against official sources · Last reviewed October 6, 2026
A new motor carrier based in the U.S. or Canada starts out as a "new entrant." Once it meets the pre-operational requirements, FMCSA monitors it for 18 months, and during that time it gets a safety audit of its records. [2]
On this page
When the audit happens
Under the regulation, the audit happens once you've operated long enough to have enough records to review, which is generally at least 3 months. FMCSA's program page says the audit will occur within 12 months after you begin operations. [1][2]
Where it happens and what it covers
The audit is generally done at your place of business. It reviews your safety management systems and a sample of your records, including at least driver qualification, driver duty status (hours of service), vehicle maintenance, the accident register, and drug and alcohol use and testing.
A safety audit does not produce a safety fitness rating. Safety fitness ratings follow a compliance review. [2]
The 16 automatic failures
You automatically fail the audit if you violate any one of 16 listed regulations. All but two fail you on a single occurrence. The two exceptions, no record of duty status (395.8(a)) and no periodic inspection (396.17(a)), fail you only if 51% or more of the examined records are in violation.
| Regulation | Violation |
|---|---|
| 382.115(a)/(b) | No drug and alcohol testing program |
| 382.201 | Using a driver known to have an alcohol concentration of 0.04 or greater |
| 382.211 | Using a driver who refused a required test |
| 382.215 | Using a driver known to have tested positive for drugs |
| 382.305 | No random testing program |
| 383.3(a)/383.23(a) | Knowingly using a driver without a valid CDL |
| 383.37(b) | Knowingly using a driver whose CLP/CDL is disqualified |
| 383.51(a) | Knowingly using a disqualified CMV driver |
| 387.7(a) | Operating without the required minimum insurance |
| 387.31(a) | Operating a passenger vehicle without the required insurance |
| 391.15(a) | Knowingly using a disqualified driver |
| 391.11(b)(4) | Knowingly using a physically unqualified driver |
| 395.8(a) | Failing to require a record of duty status (51% or more of examined records) |
| 396.9(c)(2) | Operating an out-of-service vehicle before repairs |
| 396.11(a)(3) | Not correcting out-of-service defects on a DVIR before operating |
| 396.17(a) | Using a CMV not periodically inspected (51% or more of examined records) |
Sources: [2]
If you fail
FMCSA must send you a written pass or fail notice as soon as practicable, and no later than 45 days after the audit is completed.
If you fail, you must take the corrective actions in the notice within 60 days of the notice date. This applies to all new entrants except certain passenger and hazmat carriers: those carrying 9 to 15 passengers (including the driver) for direct compensation, those carrying more than 15 passengers, and hazmat carriers hauling a quantity that requires placards get only 45 days.
FMCSA may extend the 60-day period by up to 60 more days if you're making a good-faith effort, and the 45-day period by up to 10 more days. [2][3]
Revocation and out-of-service orders
If you don't send FMCSA an acceptable written response showing corrective action in time, it revokes your new entrant registration and issues an out-of-service order. The order takes effect on day 61 from the notice date for 60-day carriers, or day 46 for 45-day carriers.
If you want a decision on a request for administrative review before the order takes effect, file it within 15 days of the failure notice. The outer limit for filing is 90 days.
A revoked carrier can reapply no sooner than 30 days after revocation. If the revocation followed a failed safety audit, it must show the problems are fixed, and the 18-month monitoring starts over. [2]
Refusing the audit
If you refuse a safety audit, you have 10 days from the notice to agree in writing. Otherwise your registration is revoked and you're placed out of service on the 11th day. [2]
Roadside problems can speed things up
Some violations found at roadside or elsewhere can trigger an expedited audit or a compliance review. One example is a driver or vehicle out-of-service rate of 50% or more on at least three inspections in 90 days. [2]
Leaving the program
If an audit was done during the 18 months and no out-of-service order or corrective-action notice is pending, FMCSA removes the new entrant designation and notifies you in writing that your registration is permanent. [2]
Common questions
How long is the New Entrant program?
18 months of monitoring, starting once a new carrier meets all pre-operational requirements. [2]
When will my new entrant safety audit be?
Generally after at least 3 months of operation, once you have enough records. FMCSA says the audit will occur within 12 months after you begin operations. [1][2]
Will the audit give me a safety rating?
No. A safety audit does not result in a safety fitness rating. Safety fitness ratings follow a compliance review. [2]
Sources (4)
- FMCSA - New Entrant Safety Assurance Program (accessed Oct 6, 2026)
- eCFR - 49 CFR Part 385 Subpart D, New Entrant Safety Assurance Program (sections 385.301-385.337; via eCFR versioner API, current as of 2026-10-02) (accessed Oct 6, 2026)
- 49 CFR 390.5 - Definitions (commercial motor vehicle, FMCSRs) (accessed Oct 6, 2026)
- eCFR - 49 CFR 385.321 Safety audit: Failure (via eCFR versioner API) (accessed Oct 6, 2026)