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49 CFR Part 385, Appendix A

Audit Readiness Checklist: New Entrant Safety Audit and FMCSA investigations

An internal audit on two pages, organized the way an auditor works: company, driver files, drug and alcohol, hours of service and vehicles. Each item lists the proof the auditor will ask for, and the violations that automatically fail a New Entrant Safety Audit are flagged.

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Audit Readiness Checklist: first page preview

What's inside

1. Company

USDOT and authority, insurance, accident register, UCR/IRP/IFTA/2290.

2. Drivers

Random sample of 5-10 DQ files: application, MVRs, annual review, CDL, medical, road test.

3. Drug & alcohol

Program, random rates, pre-employment results, return-to-duty, Clearinghouse, supervisor training.

4-5. Hours of service and vehicles

ELD, 6 months of logs and supporting documents, unassigned driving; periodic inspections, OOS repairs, DVIRs.

Sample items

  • Required liability insurance on file: AUTO-FAIL
  • Accident register for the last 3 years, even if empty: AUTO-FAIL
  • Every driver medically qualified: AUTO-FAIL
  • Random testing rates met (2026: 50% / 10%): AUTO-FAIL
  • Pre-employment negative result before first drive
  • No vehicle operated after out-of-service until repaired

How to use it

  1. Pick files at random, like an auditor.
  2. Run it once a year, and again the day an audit letter arrives.
  3. Fix AUTO-FAIL items first.
  4. Never create or alter a record after the request: falsification is far worse than a missing document.

Who it's for

  • New carriers in the New Entrant program
  • Carriers that received an audit or investigation letter
  • Safety managers running an annual internal audit
  • Consultants preparing clients

Questions

What fails a New Entrant Safety Audit automatically?

49 CFR Part 385 Appendix A lists violations that cause automatic failure, for example no drug and alcohol testing program, using a driver without a valid CDL or medical qualification, no required insurance, no accident register, and operating a vehicle placed out of service before repair. The checklist flags these items.

What happens if a carrier fails the audit?

FMCSA sends a letter with a deadline. The carrier must submit a Corrective Action Plan with proof before that deadline to avoid revocation of its registration.

How many driver files does the auditor review?

Auditors sample files. The checklist suggests checking 5-10 DQ files at random so your sample looks like theirs.

Educational resource, not legal advice. Confirm every item in the current 49 CFR (ecfr.gov) and with FMCSA before acting.

Want to understand every item, not just tick it?

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