1. Who is a new entrant, and how long the label lasts
The definition is in 49 CFR 385.3: "New entrant is a motor carrier not domiciled in Mexico that applies for a United States Department of Transportation (DOT) identification number in order to initiate operations in interstate commerce." The same section defines the registration you hold during that period:
"New entrant registration is the registration (US DOT number) granted a new entrant before it can begin interstate operations in an 18-month monitoring period. A safety audit must be performed on a new entrant's operations within 12 months after receipt of its US DOT number for motor carriers of property and 120 days for motor carriers of passengers, and it must be found to have adequate basic safety management controls to continue operating in interstate commerce at the end of the 18-month period."
Those two numbers come from statute, not agency discretion. 49 U.S.C. 31144(g)(1)(A) requires each new registrant "to undergo a safety review not later than 12 months after the owner or operator, as the case may be, begins operations under such registration," and § 31144(g)(1)(B) shortens that to "not later than 120 days" for carriers registered to transport passengers.
The monitoring period itself is set by § 385.307: "After a new entrant satisfies all applicable pre-operational requirements, it will be subject to the new entrant safety monitoring procedures for a period of 18 months." During those 18 months your roadside inspection results are "closely monitored" (§ 385.307(a)), and the audit is scheduled "once it has been in operation for enough time to have sufficient records to allow the agency to evaluate the adequacy of its basic safety management controls. This period will generally be at least 3 months" (§ 385.307(b)). Read together: the audit lands somewhere between month 3 and month 12 for a property carrier, and you must have records for the auditor to sample by then.
How we verified this: we pulled the full XML of 49 CFR part 385, subpart D, and § 385.3 from the eCFR API for the text in effect 2026-09-01, retrieved 2026-09-14, and read each section quoted on this page directly. The statute was read at 49 U.S.C. 31144 on the same date.
2. What the audit is, and what it is not
§ 385.309 gives the audit two purposes: to "provide educational and technical assistance to the new entrant" and to "gather safety data needed to make an assessment of the new entrant's safety performance and adequacy of its basic safety management controls." It is conducted by an auditor "certified under the FMCSA regulations to perform safety audits" (§ 385.313), "generally" at your business premises (§ 385.315), and "all records and documents required for the safety audit shall be made available for inspection upon request" (§ 385.307(c)).
The scope is set by § 385.311: "a review of the new entrant's safety management systems and a sample of required records to assess compliance with the FMCSRs, applicable HMRs and related record-keeping requirements as specified in appendix A of this part. The areas for review include, but are not limited to, the following:"
- (a) Driver qualification;
- (b) Driver duty status;
- (c) Vehicle maintenance;
- (d) Accident register; and
- (e) Controlled substances and alcohol use and testing requirements.
One thing it is not: a safety rating. § 385.317: "A safety audit will not result in a safety fitness determination. Safety fitness determinations follow completion of a compliance review." If you pass, you are not "Satisfactory." If you fail, you are not "Unsatisfactory." You have either demonstrated basic safety management controls or you have not.
3. The 16 automatic-failure violations
§ 385.321(a) says a failure "consist[s] of a lack of basic safety management controls as described in Appendix A of this part or failure to comply with one or more of the regulations set forth in paragraph (b)." Paragraph (b) is the part that matters on audit day: "A new entrant will automatically fail a safety audit if found in violation of any one of the following 16 regulations." The table, quoted from the rule:
| # | Violation | Guidelines for determining automatic failure |
|---|---|---|
| 1 | § 382.115(a)/§ 382.115(b) — Failing to implement an alcohol and/or controlled substances testing program (domestic and foreign motor carriers, respectively) | Single occurrence. |
| 2 | § 382.201 — Using a driver known to have an alcohol content of 0.04 or greater to perform a safety-sensitive function | Single occurrence. |
| 3 | § 382.211 — Using a driver who has refused to submit to an alcohol or controlled substances test required under part 382 | Single occurrence. |
| 4 | § 382.215 — Using a driver known to have tested positive for a controlled substance | Single occurrence. |
| 5 | § 382.305 — Failing to implement a random controlled substances and/or alcohol testing program | Single occurrence. |
| 6 | § 383.3(a)/§ 383.23(a) — Knowingly using a driver who does not possess a valid CDL | Single occurrence. |
| 7 | § 383.37(b) — Knowingly allowing, requiring, permitting, or authorizing an employee to operate a commercial motor vehicle with a commercial learner's permit or commercial driver's license which is disqualified by a State, has lost the right to operate a CMV in a State or who is disqualified to operate a commercial motor vehicle | Single occurrence. |
| 8 | § 383.51(a) — Knowingly allowing, requiring, permitting, or authorizing a driver to drive who is disqualified to drive a commercial motor vehicle | Single occurrence. This violation refers to a driver operating a CMV as defined under § 383.5. |
| 9 | § 387.7(a) — Operating a motor vehicle without having in effect the required minimum levels of financial responsibility coverage | Single occurrence. |
| 10 | § 387.31(a) — Operating a passenger carrying vehicle without having in effect the required minimum levels of financial responsibility | Single occurrence. |
| 11 | § 391.15(a) — Knowingly using a disqualified driver | Single occurrence. |
| 12 | § 391.11(b)(4) — Knowingly using a physically unqualified driver | Single occurrence. This violation refers to a driver operating a CMV as defined under § 390.5. |
| 13 | § 395.8(a) — Failing to require a driver to make a record of duty status | Requires a violation threshold (51% or more of examined records) to trigger automatic failure. |
| 14 | § 396.9(c)(2) — Requiring or permitting the operation of a commercial motor vehicle declared "out-of-service" before repairs are made | Single occurrence. |
| 15 | § 396.11(a)(3) — Failing to correct out-of-service defects listed by driver in a driver vehicle inspection report before the vehicle is operated | Single occurrence. |
| 16 | § 396.17(a) — Using a commercial motor vehicle not periodically inspected | Requires a violation threshold (51% or more of examined records) to trigger automatic failure. |
Fourteen of the sixteen fail you on a single occurrence; only records of duty status (#13) and periodic inspection (#16) require the problem in 51 percent or more of the records examined. The single-occurrence list is almost entirely things a one-truck carrier can get wrong by omission before the first trip. No testing program (#1) and no random testing program (#5) are separate line items. So is operating without the part 387 insurance minimums in effect (#9): a coverage lapse of any length that overlaps an operating day is a single occurrence.
4. What "pass" gets you: a letter, and 18 months of monitoring anyway
§ 385.319(b): "If FMCSA determines the safety audit discloses the new entrant has adequate basic safety management controls, the Agency will provide the new entrant written notice as soon as practicable, but not later than 45 days after completion of the safety audit, that it has adequate basic safety management controls. The new entrant's safety performance will continue to be closely monitored for the remainder of the 18-month period of new entrant registration."
Passing does not end the new entrant period. It ends only under § 385.333(a): "If a safety audit has been performed within the 18-month period, and the new entrant is not currently subject to an order placing its operations out-of-service under § 385.325(b) or under a notice ordering it to take specified actions to remedy its safety management controls under § 385.319(c), the FMCSA will remove the new entrant designation and notify the new entrant in writing that its registration has become permanent. Thereafter, the FMCSA will evaluate the motor carrier on the same basis as any other carrier."
If FMCSA never gets to you "through no fault of the motor carrier," § 385.333(d) lets you "continue operating as a new entrant until a safety audit or compliance review is performed." A full compliance review with a safety fitness determination replaces the audit, but the 18-month period still runs (§ 385.335).
5. What "fail" starts: a 60-day clock, then revocation on day 61
§ 385.319(c): if the audit "discloses the new entrant's basic safety management controls are inadequate, the Agency will provide the new entrant written notice, as soon as practicable, but not later than 45 days after the completion of the safety audit, that its USDOT new entrant registration will be revoked and its operations placed out-of-service unless it takes the actions specified in the notice to remedy its safety management practices."
| Carrier type | Time to complete corrective action | Possible extension | Revocation and out-of-service order effective |
|---|---|---|---|
| All new entrants except the three below | 60 days from the date of the notice (§ 385.319(c)(1)) | Up to an additional 60 days if FMCSA "determines the new entrant is making a good faith effort" (§ 385.323(a)) | Day 61 from the notice date, or the day after an extension expires (§ 385.325(b)(1), (3)) |
| Passenger carriers using CMVs designed or used for 9–15 passengers for direct compensation; passenger carriers using CMVs for more than 15 passengers; hazardous materials carriers using a CMV as defined in paragraph (4) of "commercial motor vehicle" in § 390.5 | 45 days from the date of the notice (§ 385.319(c)(2)) | Up to an additional 10 days, only if evidence of corrective action has already been submitted and FMCSA needs more time to evaluate it (§ 385.323(b)) | Day 46 from the notice date, or the day after an extension expires (§ 385.325(b)(2), (3)) |
If your evidence is acceptable, "the FMCSA will provide written notification to the new entrant that its DOT new entrant registration will not be revoked and it may continue operations" (§ 385.325(a)). If it is not, or you send nothing, revocation and the out-of-service order take effect on the dates above, and "the new entrant may not operate in interstate commerce on or after the effective date of the out-of-service order" (§ 385.325(c)). Operating anyway is a separate offense: § 385.331 applies the penalty provisions of 49 U.S.C. 521(b)(2)(A) "for each offense."
Administrative review. § 385.327 lets you ask the Field Administrator of your FMCSA Service Center to review a failure you believe was made in error, within 90 days of the notice (§ 385.327(c)). A shorter number matters more: to be sure of a decision "before the prohibitions outlined in § 385.325(c) take effect, the new entrant must submit its request no later than 15 days from the date of the notice" (§ 385.327(d)). File on day 30 and you may be out of service before anyone rules.
Starting over. Under § 385.329T, a revoked carrier "may reapply for new entrant registration no sooner than 30 days after the date of revocation," must submit an updated MCS-150 and evidence that the deficiencies are corrected, and must "begin the 18-month new entrant monitoring cycle again as of the date the re-filed application is approved." A for-hire carrier whose operating authority was also revoked reapplies for that under part 365 (§ 385.329T(d)).
6. Refusing the audit, and the expedited-action triggers
You cannot decline the audit. § 385.337(a): if a new entrant refuses to permit a safety audit, FMCSA gives written notice that registration will be revoked and operations placed out of service "unless the new entrant agrees in writing, within 10 days from the service date of the notice, to permit the safety audit to be performed." Without that agreement, revocation and the out-of-service order take effect "on the 11th day from the service date of the notice" (§ 385.337(b)).
You also cannot count on waiting until month 12. § 385.308(a) lists seven actions that, "identified through roadside inspections or by any other means," can subject a new entrant "to an expedited safety audit or a compliance review" or a demand for a written response demonstrating corrective action:
- Using a driver without a valid CDL to operate a CMV as defined under § 383.5 — "An invalid commercial driver's license includes one that is falsified, revoked, expired, or missing a required endorsement."
- "Operating a vehicle placed out of service for violations of the Federal Motor Carrier Safety Regulations or compatible State laws and regulations without taking necessary corrective action."
- A hazardous materials reportable incident under 49 CFR 171.15 or 171.16 involving a highway route controlled quantity of Class 7 material, any quantity of Division 1.1, 1.2, or 1.3 explosives, or any quantity of Zone A or B poison inhalation hazard materials.
- Two or more reportable incidents involving other hazardous materials.
- "Using a driver who tests positive for controlled substances or alcohol or who refuses to submit to required controlled substances or alcohol tests."
- "Operating a commercial motor vehicle without the levels of financial responsibility required under part 387 of this subchapter."
- "Having a driver or vehicle out-of-service rate of 50 percent or more based upon at least three inspections occurring within a consecutive 90-day period."
If you have not yet been audited, "FMCSA will schedule the new entrant for a safety audit as soon as practicable" (§ 385.308(b)(1)). If you have, you get a notice to "submit evidence of corrective action within 30 days," and failure to respond within those 30 days "will result in the revocation of the new entrant's registration" (§ 385.308(b)(2), (d)).
Trigger 7 is the one small fleets should read twice. Three roadside inspections in 90 days is a normal quarter for a truck running lanes with active scale houses. Two of them ending out of service is a 67 percent rate, over the 50 percent line.
7. Before any of this: registration, and the false-statement rule
The operative pre-operation rule is § 385.301T(a): "Before a motor carrier of property or passengers begins interstate operations, it must register with the FMCSA and receive a USDOT number. In addition, for-hire motor carriers must obtain operating authority from FMCSA following the registration procedures described in 49 CFR part 365." The application package includes "The Form MCS-150, The Motor Carrier Identification Report" (§ 385.305T(b)(2)).
The parallel §§ 385.301, 385.303, 385.305, and 385.329 are suspended indefinitely as of November 18, 2024 (89 FR 90608); the "T" sections are the operative text. The suspended § 385.305(c), still widely quoted as current, says a new entrant "will be issued an inactive USDOT Number" that may not be used until FMCSA activates it. The operative § 385.305T(c) says only that "Upon completion of the application forms, the new entrant will be issued a USDOT number."
Registration is also where the most expensive mistake is made. § 385.306: "A carrier that furnishes false or misleading information, or conceals material information in connection with the registration process, is subject to the following actions: (a) Revocation of registration. (b) Assessment of the civil and/or criminal penalties prescribed in 49 U.S.C. 521 and 49 U.S.C. chapter 149." The MCS-150 you file at registration is the record the auditor compares against your actual operation. Our MCS-150 checker shows the filing date FMCSA's census holds for you; if your power unit count, mileage, or operation classification has changed since you registered, update it before the auditor arrives.
What this page does not cover
- This is not legal advice, and CarrierStat is not affiliated with FMCSA or any government agency. Verify with FMCSA before relying on any deadline here.
- No new-entrant rule changes since 2024 appear in the Federal Register. A search of FMCSA documents mentioning "new entrant" published on or after January 1, 2025, run 2026-09-14, returned only the Motus registration-system notice (91 FR 23144, April 29, 2026), which concerns how you file, not subpart D. The last amendment to subpart D is the technical-corrections rule of November 18, 2024 (89 FR 90608), which FMCSA states "does not impose any new material requirements." This page describes the CFR text in effect 2026-09-01.
- Appendix A to part 385, the list of regulations an auditor samples in each § 385.311 area, is not reproduced here.
- Household goods carriers face an additional consumer-protection standards review within 18 months under 49 U.S.C. 31144(g)(6), outside subpart D.
Sources
49 CFR part 385, subpart D — New Entrant Safety Assurance Program, §§ 385.301–385.337, including the operative "T" sections 385.301T, 385.303T, 385.305T, and 385.329T and the suspended parallel sections labeled above. Text retrieved 2026-09-14 from the eCFR API (title 49, part 385, subpart D, as in effect 2026-09-01); human-readable at ecfr.gov.
49 CFR 385.3 — Definitions of "new entrant," "new entrant registration," "safety audit," and "compliance review." Retrieved 2026-09-14 from the eCFR API, same snapshot; human-readable at ecfr.gov.
49 U.S.C. 31144(g) — Safety reviews of new operators: the 12-month and 120-day statutory deadlines. Retrieved 2026-09-14 from law.cornell.edu.
89 FR 90608 (November 18, 2024) — Federal Motor Carrier Safety Regulations; general technical, organizational, conforming, and correcting amendments. The most recent amendment to subpart D. Retrieved 2026-09-14 from the Federal Register.
91 FR 23144 (April 29, 2026) — Availability of Motus, FMCSA's New Registration System. Retrieved 2026-09-14 from the Federal Register.
A note on method. FMCSA's own web pages at fmcsa.dot.gov return HTTP 403 to automated retrieval, so nothing on this page is sourced from them. Every deadline, count, and quoted phrase comes from the regulation or statute that sets it.
Related
Carrier authority & insurance lookup — the full census record for a USDOT or MC number, including the date the carrier was first added to the census, from which the 12-month audit window and 18-month monitoring period are counted.
MCS-150 biennial update checker — the month and year your USDOT number is assigned, and whether FMCSA's census shows you behind.
Authority startup costs — the federal fees that are fixed in regulation, including the part 387 insurance minimums that line 9 of the automatic-failure table enforces.
Authority changes — recent grants, revocations, and reinstatements of operating authority.
Carrier data by state — active registrations, authority, fleet mix, and MCS-150 currency for every state.