Act today
Failed a new entrant safety audit? You usually have 60 days.
The carriers who lose their authority are usually the ones who missed the correction window, not the ones who failed the audit. Find the date on your notice before you do anything else.
Most failed audits are corrected, not fatal
The regulation is built around correction. 49 CFR 385.325(a) says that if you take acceptable corrective action within the period allowed, FMCSA notifies you in writing that your registration will not be revoked and you may continue operating. The system expects new carriers to get things wrong; it is far less forgiving about ignoring the letter.
Why carriers fail, and why it is usually fixable
49 CFR 385.321(b) lists 16 violations that fail a safety audit automatically. They cluster in predictable places: four in drug and alcohol testing, four in CDL requirements, two in insurance, two in driver qualification, two in hours of service and vehicle records, two in operating out-of-service vehicles.
Most fail on a single occurrence, not having a testing program at all, using a driver without a valid CDL, operating without required financial responsibility, using a medically unqualified driver. A few work differently: failing to maintain driver duty records under 395.8(a) requires violations in 51% or more of the records examined.
The reason these are usually correctable is that they are documentary. Enrolling in a consortium, obtaining a medical certificate, fixing an insurance filing, rebuilding a driver qualification file. These are things that can be done inside 60 days, which is precisely why FMCSA gives you 60 days.
What to do, in order
- 1
Find the date on the notice
Everything runs from the date of the FMCSA notice, not the date of the audit. Most carriers get 60 days under 385.319(c)(1). Carriers hauling passengers for direct compensation and hazmat carriers under paragraph (4) of the 390.5 CMV definition get 45 days under 385.319(c)(2). Write the deadline somewhere you cannot miss it.
- 2
If you want to contest it, move in 15 days, not 90
You have 90 days to request administrative review under 385.327. But to get a decision before the operating prohibition takes effect, the request must be filed within 15 days of the notice. Reading only the 90-day figure is how carriers lose the ability to keep running while they argue.
- 3
Fix the specific violations named, and document each one
The notice tells you what to remedy. Corrective action is judged on evidence, not intent, a consortium enrollment certificate, a new medical certificate, a corrected insurance filing, a rebuilt driver file. Assemble proof for each item rather than a narrative.
- 4
Submit your corrective action inside the window
Send it well before the deadline rather than on it. If FMCSA accepts it, you receive written confirmation that registration will not be revoked and operations may continue.
- 5
If it is already too late, know the reapplication path
Under 385.329T(a) you may reapply no sooner than 30 days after revocation. After a failed audit, 385.329T(b) requires an updated MCS-150 and evidence the deficiencies were corrected, and the 18-month monitoring cycle starts again once the re-filed application is approved. If you were revoked for failing to submit to the audit, 385.329T(c) applies instead: an updated MCS-150, a new 18-month cycle and a safety audit.
What this costs
Correcting it yourself
$0 + fixes
Audit prep: standalone, not on a plan
$549
TenFour, so the monitoring period stays clean
$99/mo
Cost of missing the window
your authority
You can do this without hiring anyone
The notice tells you exactly what to fix. If the gaps are things like consortium enrollment or a lapsed medical certificate, you can close them yourself in an afternoon and send the evidence in. Hiring help makes sense when the findings are broad, when you do not understand what is being asked, or when you simply do not have the days, not because the process is closed to you.
Where we are genuinely useful is the gap analysis: reading the notice against the 16 automatic-failure violations, working out what evidence actually satisfies each item, and assembling the package. That is DOT audit preparation, and afterward the membership makes sure the same dates do not lapse again during the remaining monitoring period. If the window has already closed and the registration was revoked, reinstatement after a failed audit covers the reapplication, and new trucking authority setup rebuilds the first-year calendar from the start.
See how audit prep worksWhen this is not your situation: If your situation involves an enforcement action, a proposed unsatisfactory safety rating, or a crash with litigation attached, you want a transportation attorney rather than a compliance service. Tell us and we will say so plainly instead of taking the work.
Related problems
- I got an out-of-service order
- I got an FMCSA document request letter
- I received a conditional safety rating
Questions people ask at this point
How long do I have to fix a failed new entrant audit?
60 days from the date of the FMCSA notice for most new entrants under 49 CFR 385.319(c)(1). Passenger carriers for direct compensation and hazmat carriers get 45 days under 385.319(c)(2). FMCSA must send that notice no later than 45 days after the audit.
What happens if I do not correct it in time?
Under 385.325(b), FMCSA revokes your registration and issues an out-of-service order effective on day 61, or day 46 for the shorter group. You may not operate in interstate commerce on or after that date.
Can I appeal a failed audit?
You can request administrative review from the Field Administrator of the FMCSA Service Center under 385.327, within 90 days. But to get a decision before the prohibition takes effect you must file within 15 days of the notice. The Field Administrator’s decision is final agency action.
Can I reapply after my registration is revoked?
Yes. Under 49 CFR 385.329T(a) you may reapply no sooner than 30 days after revocation. After a failed audit, 385.329T(b) requires an updated MCS-150 and evidence that the deficiencies were corrected. If the revocation was for failing to submit to a safety audit, including refusing one under 385.337, 385.329T(c) requires an updated MCS-150 and that you submit to a safety audit. Either way, the 18-month new entrant monitoring cycle starts over from the date the re-filed application is approved.
What fails an audit automatically?
16 violations listed at 49 CFR 385.321(b), including failing to implement a drug and alcohol testing program, knowingly using a driver without a valid CDL, operating without required financial responsibility, using a medically unqualified driver, and operating a vehicle declared out of service. Most fail on a single occurrence.
Does failing the audit mean I have a bad safety rating?
No. They are different processes. A new entrant safety audit is not a compliance review and does not itself produce a Satisfactory, Conditional or Unsatisfactory rating. Those come from a compliance review under Part 385, Subpart A.
Sources
- 49 CFR 385.319: Results of the safety audit
- 49 CFR 385.321: Automatic failure of a safety audit
- 49 CFR 385.325: Outcomes of a corrective action notice
- 49 CFR 385.327: Administrative review
Last reviewed September 26, 2026. TenFour is a compliance service, not a law firm, and is not affiliated with FMCSA or any government agency. Regulations and enforcement postures change, verify anything time-sensitive against the sources above before you act on it.
The fix is free. Not being here again is the part we sell.
One company, one monthly payment, one place for every recurring deadline, $99/month for one truck billed annually, every driver included, no contract.
$99/month is the annual plan for one truck, billed $1,188 up front, about two months free against $119 month to month. Each additional truck is $59/month ($69 month to month), every driver included, up to six trucks. Cancel any month; remaining full months refunded.