New Entrant Safety Audit: What FMCSA Checks in Your First 18 Months

Reviewed by the ICR Filings compliance team · Updated October 20, 2026

When you get a new USDOT number for interstate work, you are not fully in the clear yet. FMCSA treats you as a new entrant for your first 18 months and checks during that time that you actually run a safe, compliant operation. The main event is the new entrant safety audit. Most carriers who fail it fail on paperwork they could have set up on day one.

The 18-month new entrant period

The period starts once you meet the requirements to begin operating. During it, FMCSA watches your roadside inspection results, conducts a safety audit, and if you are safe, your registration continues past the new entrant stage.

When the audit happens

FMCSA's program page says the audit happens within 12 months after you begin operations. The regulation says FMCSA waits until you have run long enough to have records worth reviewing, generally at least 3 months. So expect contact somewhere between month 3 and month 12. An investigator can also step in at any time if your inspection data shows problems.

Audits are generally done at your principal place of business, by a certified federal safety investigator or a state officer. Be ready to show your records when asked.

What they review

The audit checks that your basic safety management controls work. In practice, have these organized before anyone calls:

• Drug and alcohol testing: your program enrollment, pre-employment test results, random testing, and Clearinghouse queries.
• Driver qualification: each driver's valid CDL and medical certificate, kept on file.
• Hours of service: ELD records or logs for your drivers.
• Vehicle maintenance: annual inspections, driver vehicle inspection reports, and proof that out-of-service defects were repaired.
• Insurance: proof you carry the required level of coverage.

The 16 automatic failures

The regulation lists 16 violations that fail the audit on their own, no matter how good the rest looks. They fall into four groups:

• Drug and alcohol: no testing program, no random testing program, using a driver who refused a test, using a driver known to have an alcohol concentration of 0.04 or higher, or using a driver who has not completed the required follow-up after a positive test.
• Drivers: knowingly using a driver without a valid CDL, a disqualified driver, a driver whose CDL is revoked, suspended, or cancelled, or a medically unqualified driver.
• Operations: running without the required insurance, or not requiring drivers to keep hours-of-service records.
• Vehicles: running a vehicle placed out of service before it is repaired, not making repairs reported on inspection reports, or running a vehicle that was not periodically inspected.

Two of these, missing hours-of-service records and missing periodic inspections, only trigger automatic failure when the problem shows up in 51% or more of the records examined.

If you pass

FMCSA sends written notice within 45 days of the audit. It keeps monitoring your roadside performance for the rest of the 18 months.

If you fail

You get written notice, again within 45 days of the audit, saying your registration will be revoked and your operations placed out of service unless you fix what is listed. You then have:

• 60 days from the notice date to submit acceptable corrective action, for most carriers.
• 45 days if you haul placarded hazmat or carry passengers for compensation.

FMCSA can extend the 60-day window by up to another 60 days if you are making a good faith effort. If you do not fix it in time, revocation and the out-of-service order take effect on day 61 (or day 46). Do not let that date pass while you wait for a call back.

One rule to know before you need it

FMCSA does not allow a carrier to register a new USDOT number to escape penalties or an out-of-service order. If you fail, the path forward is corrective action, not a fresh number.

Want a second set of eyes before the audit? Our compliance check reviews your FMCSA record and tells you what is missing.

Official sources

• FMCSA: New Entrant Safety Assurance Program
• 49 CFR Part 385, Subpart D: new entrant safety assurance
• FMCSA: Drug and Alcohol Clearinghouse

This guide is general information, not legal advice. Rules and fees change, so confirm with the official source before you file.

Related guides

• Which Trucking Filings Do I Need? A Plain Checklist for 2026
• USDOT Number Lookup: How to Search by Number, MC Number, or Company Name
• How to Contact FMCSA: Phone Numbers, Chat Hours, and Getting a Faster Answer