When it happens
The audit usually comes after you’ve operated at least a few months and within your first 12 months. Most are now done remotely: you upload records instead of hosting an investigator.
What FMCSA reviews
- Driver qualification files
- Hours-of-service records
- Vehicle inspection, repair and maintenance records
- Your accident register
- Drug and alcohol testing program
- Proof of required insurance
Automatic failures (49 CFR 385.321)
Any one of these fails the audit. The most common for small carriers:
- No drug and alcohol testing program, or no random testing
- Using a driver who tested positive or refused a test
- Using a driver without a valid CDL, or one who is disqualified or medically unqualified
- Not having the required insurance
- No hours-of-service records for 51% or more of the records checked
- Operating a vehicle placed out of service, or not fixing out-of-service defects
- No annual inspection for 51% or more of the vehicles checked
If you fail
FMCSA gives you a deadline to submit a corrective action plan, and revocation follows if you don’t fix it. If you want a review decided before revocation, file within 15 days; the outer limit for a review request is 90 days.
Why brokers care
A failed audit, a Conditional rating or a revocation shows up on your FMCSA record and blocks most brokers. Passing quietly keeps you Unrated, which most brokers accept. See what brokers accept by safety rating.
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Questions carriers ask
Does the audit give me a safety rating?
No. The new entrant audit is pass/fail. Passing leaves you Unrated; a full compliance review is what assigns a rating.
Can I get loads during the new entrant period?
Yes. Many brokers work with new entrants; authority age and insurance limits are the usual filters, not the audit itself.
Related guides
- Conditional safety rating: what it costs you and how to fix it
- Carrier packet checklist
- Why your carrier setup got rejected
- Carrier requirements for the top brokers
Sources
- J.J. Keller: new entrant requirements
- 49 CFR 385.321 (eCFR)
- 49 CFR 385.327 (eCFR)
- PrePass: remote new carrier audits (2019)
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This guide is general information, not legal or insurance advice.