Failed §385 new-entrant audit recovery
Reviewed by Korey Sharp-Paar · Updated
New carriers failing the FMCSA §385 new-entrant audit have a 60-day window under 49 CFR §385.319 to demonstrate substantive correction of cited deficiencies before authority is revoked. Your reinstatement request is prepared for you after the corrective-action plan is accepted, for a $200 service fee, with no FMCSA fee. Submitted to FMCSA by you or a filer you authorize. FMCSA controls how long its review takes.
The §385.319 corrective-action window
The new-entrant audit is conducted by FMCSA during a carrier's first 12 months of operation under 49 CFR Part 385 Subpart D. A carrier that fails the audit (typically two or more critical violations, or one acute violation) receives a written notice listing each deficiency and a 60-day corrective-action window. During the window, the carrier must demonstrate that each cited deficiency has been substantively corrected - not just paperwork updates.
At the end of the 60-day window, the FMCSA division office reviews the corrective-action submission. An accepted plan results in the new-entrant status converting to permanent (clean exit from new-entrant category). A rejected plan or no submission triggers authority revocation under §385.319(c). See our why MC numbers get revoked guide for the broader enforcement framework.
What our service covers
- FMCSA reinstatement request prepared for you after the corrective action is accepted
- Submitted to FMCSA by you or a filer you authorize.
- Login.gov account recovery help at no extra cost
- Status monitoring until FMCSA acts on the request
- Coordination guidance with the FMCSA division office on corrective-action plan submission
- Documentation review for the §391 / §382 / §395 / §396 portions of the plan
Pricing
DOT out-of-service reinstatement: $200 service fee, no FMCSA fee. MC authority reinstatement: $220 service fee + $80 FMCSA fee = $300 total; the FMCSA fee is its own line, paid to FMCSA.
| Item | Paid to | Amount |
|---|---|---|
| DOT out-of-service reinstatement: service feePreparing the request to lift an out-of-service order on your USDOT number. FMCSA charges no reinstatement fee for this service. | Fast Filing Group LLC | $200 |
| DOT out-of-service reinstatement total (service fee only) | $200 | |
| MC authority reinstatement: service feePreparing the request to reinstate revoked MC operating authority. | Fast Filing Group LLC | $220 |
| MC authority reinstatement: FMCSA reinstatement feeSet by FMCSA (49 CFR 360.3T). Charged as its own line and paid to FMCSA with the request. | FMCSA | $80 |
| MC authority reinstatement total (service fee + FMCSA fee) | $300 | |
FMCSA charges an $80 fee to reinstate revoked MC operating authority (49 CFR 360.3T). For MC reinstatement, our $220 service fee and the $80 FMCSA fee are itemized as two separate amounts before you pay ($300 total). DOT out-of-service reinstatement is a $200 service fee with no FMCSA fee.
Failed-audit recovery questions
What does the new-entrant audit check for?
The full §385 Subpart D checklist: 49 CFR §391 driver qualification (every driver - application, MVR, road test, medical cert, previous-employer inquiry, annual review), §382 drug & alcohol program (consortium membership, pre-employment tests, random pool, return-to-duty), §395 hours-of-service compliance (paper or ELD logs, 11/14-hour rules, 60/70-hour weekly limits), §396 vehicle maintenance (annual inspections, defect reports, daily inspections), §382.701 Clearinghouse pre-employment query records for CDL hires, and the §387 BMC-91 insurance filing.
What gets the audit failed?
Critical findings under §385.319 - typically two or more "critical violations" or one "acute violation." Critical violations are systemic gaps (e.g., no §391.51 DQ files at all on multiple drivers, no §382 drug-and-alcohol program in place, no §395 logs maintained). Acute violations are immediate safety concerns (e.g., letting a §391.15-disqualified driver operate, falsifying §395 logs). Either pattern triggers a 60-day corrective action plan.
What does the corrective-action plan need?
A written plan addressing each cited deficiency with documentation: fresh DQ files on every driver (running MVRs, CDLIS, road test certifications), establishing or fixing the §382 program (consortium membership documentation, fresh pre-employment tests, random pool implementation), §395 ELD or paper-log compliance documentation, §396 maintenance records on every truck. The plan goes to the FMCSA division office that conducted the audit; once accepted, the reinstatement request can be submitted.
Other reinstatement contexts
You might also need
- Driver MVR & CDLIS for fresh DQ files - FastDriverScreening
- BOC-3 refile if lapsed - Order a BOC-3
Start your reinstatement request
We prepare your reinstatement request; it is submitted to FMCSA by you or a filer you authorize. FMCSA charges an $80 fee to reinstate revoked MC operating authority (49 CFR 360.3T). For MC reinstatement, our $220 service fee and the $80 FMCSA fee are itemized as two separate amounts before you pay ($300 total). DOT out-of-service reinstatement is a $200 service fee with no FMCSA fee.
Submitted to FMCSA by you or a filer you authorize.
Independent filing service operated by Fast Filing Group LLC. Not affiliated with FMCSA, USDOT or any government agency.