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New entrant safety audit checklist
Print this and go through it before your audit notice arrives. Part 1 covers the 16 violations that fail the audit automatically. Part 2 lists the records the auditor will ask for.
Part 1 — The 16 automatic-failure violations
Under 49 CFR 385.321, finding any of these fails the new entrant safety audit. Most fail on a single occurrence; two fail when found in 51% or more of the records checked.
Drug and alcohol testing
- You have a DOT drug and alcohol testing program in place.49 CFR 382.115(a) · Fails on 1 occurrence
- No driver with an alcohol concentration of 0.04 or higher was allowed to drive.49 CFR 382.201 · Fails on 1 occurrence
- No driver who refused a required test was allowed to drive.49 CFR 382.211 · Fails on 1 occurrence
- No driver who tested positive was allowed to drive.49 CFR 382.215 · Fails on 1 occurrence
- Every CDL driver, including you, is in a random testing program.49 CFR 382.305 · Fails on 1 occurrence
CDL and driver qualification
- Every driver holds a valid CDL of the right class.49 CFR 383.3(a) / 383.23(a) · Fails on 1 occurrence
- No driver with a disqualified CLP or CDL is driving.49 CFR 383.37(b) · Fails on 1 occurrence
- No disqualified driver is driving.49 CFR 383.51(a) · Fails on 1 occurrence
- You have not knowingly used a disqualified driver.49 CFR 391.15(a) · Fails on 1 occurrence
- Every driver is physically qualified, with a current medical certificate.49 CFR 391.11(b)(4) · Fails on 1 occurrence
Hours of service
- Every driver keeps a record of duty status (ELD or another allowed method) unless truly exempt.49 CFR 395.8(a) · Fails at 51% of records
Vehicles
- No vehicle placed out of service moved before it was repaired.49 CFR 396.9(c)(2) · Fails on 1 occurrence
- Out-of-service defects reported on a DVIR were fixed before the vehicle ran again.49 CFR 396.11(a)(3) · Fails on 1 occurrence
- Every truck and trailer has a periodic (annual) inspection from the last 12 months.49 CFR 396.17(a) · Fails at 51% of records
Insurance
- Your insurance is active at the required limit, with no lapses.49 CFR 387.7(a) · Fails on 1 occurrence
- Passenger carriers only: the required passenger coverage is in force.49 CFR 387.31(a) · Fails on 1 occurrence
Part 2 — Documents to have ready
Have each item ready for every driver and every vehicle you have used.
Company
- USDOT number details
- MC authority (if for-hire)
- Current MCS-150 information
- BOC-3 (if for-hire)
Insurance
- Current policy and proof of required coverage at your principal place of business
Drivers
- Complete DQ file for each driver
- Application, MVRs and road test (or equivalent)
- Medical certificate
- Previous employer checks
Drug and alcohol
- Consortium enrollment
- Written policy and signed receipts
- Pre-employment test results
- Random selection records and any post-accident tests
- Clearinghouse registration and queries
Hours of service
- Records of duty status (ELD data or logs) for each driver
- Supporting documents
- ELD account information
Vehicles
- List of all trucks and trailers
- Maintenance file for each vehicle
- Periodic inspection reports
- DVIRs and repair records
- Roadside inspection reports and proof of repairs
Accidents
- Accident register
- Any accident reports required by states or insurers
Hazmat (if applicable)
- Hazmat registration
- Shipping papers
- Training records and other hazmat records
Never backdate records
If you find gaps, fix them now — but don't backdate anything. Creating records after the fact and passing them off as original is a far bigger problem than the original gap.
Based on 49 CFR 385.321 and the documents FMCSA auditors review. General information, not legal advice; confirm details with FMCSA.
Read the full guide to the 16 violations →