FreightVerdict

The New Entrant Audit Verdict

The government audits every new trucking company in its first year. There is no opting out and no warm-up: the auditor scores your company against 16 lines that fail you on the spot, then samples the files behind them. This checker reads your company the same way — the 16 lines and every sampled file, in plain words, each with its federal citation.

Free. No account. Your answers never leave your phone — the checker runs entirely on this page's code, stores nothing, and sends nothing.

Run your verdict

Answer for your company as it stands today — not as you plan it, not as it should be. A line you leave unanswered counts as not sure, because that is how the auditor will meet it.

Part 1 · The 16 lines — drugs & alcohol (Part 382)

Line 1 — No drug & alcohol testing program. Your company has a drug and alcohol testing program — a written policy, and a way the tests actually get done (a consortium or your own setup).

Rule: 49 CFR 382.115 · Proof the auditor wants: The written policy and the consortium agreement (or your own program records).

Line 2 — A driver used at 0.04 alcohol or higher. No driver has driven for you after you knew he had tested at 0.04 alcohol or higher — until he finished the return-to-duty process.

Rule: 49 CFR 382.201 · Proof the auditor wants: The test result and the removal-from-duty record, plus the return-to-duty file if he drives again.

Line 3 — A driver used after refusing a test. No driver who refused a required drug or alcohol test has driven for you since the refusal.

Rule: 49 CFR 382.211 · Proof the auditor wants: The refusal record and dispatch records showing the driver did not drive.

Line 4 — A driver used after testing positive. No driver who tested positive has driven for you before completing the return-to-duty process.

Rule: 49 CFR 382.215 · Proof the auditor wants: The positive result, the removal record, and the return-to-duty test result.

Line 5 — No random testing program. Random drug and alcohol tests really happen at your company — names drawn at random, spread through the year, at the federal rates.

Rule: 49 CFR 382.305 · Proof the auditor wants: The random pool list, the draw records, and the completed random test results.
Part 1 · The 16 lines — licenses (Part 383)

Line 6 — A driver with no valid CDL. Every driver holds a valid CDL of the right class, with the right endorsements, for the truck he drives — checked against the license itself, not assumed.

Rule: 49 CFR 383.3 / 383.23 · Proof the auditor wants: A copy of each driver's license in his file, checked against the truck he is assigned.

Line 7 — A disqualified CDL holder allowed to drive. No driver whose CDL is disqualified has been allowed to drive a truck that requires a CDL.

Rule: 49 CFR 383.37(b) · Proof the auditor wants: Current driving records showing no disqualified driver was dispatched.

Line 8 — A driver driving while disqualified. No driver has driven while under a disqualification listed in the federal table of offenses — the §383.51 table (DUI, leaving a crash scene, a felony with the vehicle, and the rest).

Rule: 49 CFR 383.51(a) · Proof the auditor wants: Driving records and your annual review notes showing each driver's status was checked.
Part 1 · The 16 lines — insurance (Part 387)

Line 9 — Trucks running without insurance in effect. The required insurance is in effect on your trucks right now — not lapsed, not cancelled, not waiting on a payment.

Rule: 49 CFR 387.7(a) · Proof the auditor wants: The insurance filing (BMC-84 / BMC-85 or the MCS-90 endorsement) and a policy in force today.

Line 10 — Passenger vehicles without insurance in effect. If you carry passengers for hire, the required passenger insurance is in effect on those vehicles. (Freight-only carriers: choose “Does not apply to us”.)

Rule: 49 CFR 387.31(a) · Proof the auditor wants: The passenger insurance filing and a policy in force today.
Part 1 · The 16 lines — driver qualification (Part 391)

Line 11 — A disqualified driver used. No driver has driven while disqualified for any reason — a court or state order, a violation, a lost medical qualification.

Rule: 49 CFR 391.15(a) · Proof the auditor wants: Driving records and medical status checks showing every driver was qualified on the days he drove.

Line 12 — A physically unqualified driver used. Every driver is medically qualified, with the proof kept the current way: for CDL drivers, the medical status on the CDL driving record (the CDLIS MVR); for non-CDL drivers, the medical examiner's certificate in the file.

Rule: 49 CFR 391.11(b)(4) · Proof the auditor wants: A current CDLIS MVR showing each CDL driver's medical status — the paper card alone has not satisfied this since June 2025.
Part 1 · The 16 lines — duty records (Part 395)

Line 13 — Duty records not being made. Your drivers make their duty records (logs or ELD records) for every day they work. The auditor samples the records — if half or more of the ones examined were never made, this line fails.

Rule: 49 CFR 395.8(a) · Proof the auditor wants: A complete run of duty records for the last 6 months, with no silent days.
Part 1 · The 16 lines — vehicles (Part 396)

Line 14 — An out-of-service vehicle run before repair. No truck that a roadside inspector placed out of service has been driven again before its repairs were made.

Rule: 49 CFR 396.9(c)(2) · Proof the auditor wants: The out-of-service order and the repair record showing the work was done before the truck moved.

Line 15 — Out-of-service defects not fixed. Every out-of-service defect a driver wrote up on a vehicle inspection report was fixed before the truck ran again — and the fix is certified on the report.

Rule: 49 CFR 396.11(a)(3) · Proof the auditor wants: Driver vehicle inspection reports with the repair certification signed before the next dispatch.

Line 16 — Vehicles with no annual inspection. Every truck and trailer has a current annual (periodic) inspection, with the proof on the vehicle or in its file. The auditor samples them — if half or more lack one, this line fails.

Rule: 49 CFR 396.17(a) · Proof the auditor wants: The annual inspection report or decal record for every unit, none of them expired.
Part 2 · The files the auditor samples

Not automatic failures on their own — the auditor samples these files and scores what he finds under the audit's six factors. Answer for the file as it exists today, not as you plan it.

Driver qualification file — one per driver. For every driver, one file holding: the employment application, the first driving record (MVR), the road test certificate, the latest annual MVR, the note on the annual review of his record, and the medical proof.

Rule: 49 CFR 391.51

Previous-employer history file — kept separate. The safety-history checks on each driver's last 3 years: his signed authorization, each previous employer's answer (or your notes showing you tried in good faith) — kept in a separate file with limited access, not inside the DQ file.

Rule: 49 CFR 391.53

30 days of duty records + supporting documents. Thirty straight days of one driver's duty records, with the supporting documents behind them (bills of lading, dispatch records, fuel and toll receipts) — including at least one interstate trip.

Rule: 49 CFR 395.8

Vehicle maintenance files + driver inspection reports. A maintenance file for every truck — its identity, its inspection and maintenance schedule, and its repair records — plus the driver vehicle inspection reports from the last 3 months.

Rule: 49 CFR 396.3 / 396.11

Annual inspection proof for every unit. Proof of the last annual inspection for every truck and trailer — the inspection report, or the decal and its record.

Rule: 49 CFR 396.17

Accident register — 3 years. A register of every recordable accident from the last 3 years: the date, the city and state, the driver's name, how many injuries, how many deaths, and whether hazardous materials spilled — plus the accident reports you have.

Rule: 49 CFR 390.15(b)

Insurance proof — the signed MCS-90. Your signed MCS-90 endorsement (for for-hire carriers) and proof the policy behind it is active, ready to send the day it is asked for.

Rule: 49 CFR 387.7 / 387.9

Testing proof — consortium, pre-employment tests, Clearinghouse. Proof of consortium enrollment (or your own pool), each driver's pre-employment drug test result, and a record of the Clearinghouse queries — a full query before a driver first drives, then a query on every driver every year.

Rule: 49 CFR 382.701

Your answers never leave your phone. This checker runs entirely in this page — no account, no storage, nothing transmitted. Closing the page erases everything.

Federal sources: 49 CFR Part 385, Subpart D; Parts 382, 383, 387, 390, 391, 395, 396 · Rules checked October 2026

What this audit is — and what it is not

The new entrant safety audit is educational. It checks that a new carrier has basic safety management controls in place — it is not a safety rating, and passing it earns no score anyone can sell you (§385.309, §385.317). What failing it costs is real: a deadline to prove the fix, then your registration and your authority. This checker cannot pass or fail you. Only FMCSA's auditor can, on your real records.

These are the federal interstate rules. FreightVerdict reads the published federal standards — it does not certify, inspect, or represent any carrier, and nothing here is legal advice.

The Audit & DQ Kit — $79, one-time payment

The checker scores your company. The Kit is the paper the auditor samples: the complete driver qualification packet, the history file, the drug & alcohol program pack, the vehicle and hours packs, the audit-day upload in the auditor's order — and the failure pack, for the 60 days after a bad result.

See the Audit & DQ Kit

How the audit works

The clock. The audit must happen within 12 months after you receive your USDOT number (§385.3) — in practice once you have about 3 months of records to judge — and your company stays under close monitoring for its first 18 months (§385.307).

The letter. FMCSA tells you the audit is coming, by phone or mail. Most audits are done at your place of business; some are done electronically, by uploading documents through FMCSA's New Entrant Web System (NEWS). Your letter sets the deadline for sending documents — the letters carriers receive give about 20 days. Treat the letter as law.

The scoring. The auditor reviews your safety management and a sample of records across six factors: general, driver, operational, vehicle, hazardous materials, and your accident rate (§385.311, Appendix A to Part 385). Sixteen violations fail the audit on a single occurrence (§385.321) — those are Part 1 of the checker above. Everything else scores points; enough points in enough factors fails the audit too.

If you fail. You get the result in writing within 45 days, naming what to correct. You then have 60 days (45 for passenger and placarded-hazmat carriers) to send proof of the fix. Miss it, and your registration is revoked and your operation placed out of service on day 61 (§385.325). The failure pack in the Kit walks that whole road — or read the guide first.

Guides — the audit in plain words