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Compliance FAQ

What is the FMCSA new-entrant safety audit?

A mandatory safety audit conducted by FMCSA on every new motor carrier within the first 12 months of operation under 49 CFR Part 385 Subpart D. The audit reviews the carrier's compliance with §391 (driver qualification), §382 (drug & alcohol), §395 (hours of service), §396 (vehicle maintenance), and other items. A failed audit brings a written notice and a deadline to fix the problems: 60 days, or 45 days for passenger carriers (9-15 passengers for compensation, or 16+) and placardable-hazmat carriers. If FMCSA does not accept the corrective action in time (or by the end of any extension), it revokes the new entrant registration and issues an out-of-service order (49 CFR 385.319(c), 385.325).

Reviewed by Korey Sharp-Paar · Updated

Why does it matter?

The new-entrant program was created in 2003 to address a gap in FMCSA oversight: small carriers entering the industry could operate for years before any audit, accumulating compliance debt. The program now schedules a safety audit during every new carrier's first 12 months - typically months 6 to 9 after activation.

The audit covers the §391 driver-qualification file (every driver: application, MVR, road test, medical cert, previous-employer inquiry, annual review), §382 drug-and-alcohol program documentation (consortium membership, pre-employment tests, random pool), §395 hours-of-service logs (paper or ELD-driven), §396 vehicle maintenance records (annual inspections, defect reports), §382.701 Clearinghouse pre-employment query records for CDL hires, and the §387 BMC-91 insurance filing status.

Passing the audit does not end new-entrant status by itself: FMCSA keeps monitoring the carrier for the rest of the 18-month period (49 CFR 385.319(b)), and the registration becomes permanent at the end of that period if an audit was done and no out-of-service order or corrective-action notice is open (§385.333(a)). If the audit fails, FMCSA sends written notice within 45 days; the carrier has 60 days from the notice (45 days for passenger and placarded-hazmat carriers) to fix the problems, or its new entrant registration is revoked and operations are placed out of service (§385.319(c), §385.325(b)).

Preparation pattern: the carrier maintains a clean §391 file on every driver from day-one, runs the §382 program through a qualified consortium, runs MVRs annually per §391.25, and keeps maintenance records per §396.11/13/17. A carrier that does these four things from the start is in a strong position for the new-entrant audit.

Start your USDOT and MC authority application

We prepare your USDOT number and MC operating-authority application; it is submitted to FMCSA in Motus by you or a filer you authorize. FMCSA charges a $300 application fee for each operating authority type (49 CFR 360.3T); a USDOT number is free. Our $199 service fee and the $300 FMCSA fee are itemized as two separate amounts before you pay ($499 total).

Submitted to FMCSA in Motus by you or a filer you authorize.

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