Blogs

April 29, 2022

Master New Entrant Safety Audit: Essential Insights

So it has begun. You have applied for your FMCSA authority. Do you know that you will be required to go through a new entrant safety audit as well? Things could get a little scary over there. But if you pay attention to the requirements and compliance rules laid down by the authorities, it might not be that intimidating after all. When you submit your application documents to Washington, the USDOT is going to send you a letter. They will ask you to call their number and provide them with your USDOT number or MC number which is associated with your FMCSA authority application. The department of transportation will then contact the state police and specifically their motor carrier division. They will let them in on the information conveyed to them by you. Your safety audit will begin after this. They are going to set up a date and time for your new entrant safety audit process to start.

  • All the new carriers that have applied for the FMCSA authority must understand that they are never supposed to violate any of the 16 requirements laid down by the FMCSA. 
  • The federal motor carrier safety administration makes it pretty clear that none of these rules and regulations is to be violated if you want your FMCSA authority operational and your business functional.
  • If you are a new interstate motor carrier, you will be considered a new entrant for at least 18 months. This will be after you have registered for your FMCSA authority. 
  • If you are a passenger carrier or a hazmat hauler, you will be given at least 45 days to correct any violations that you might have made. As a general carrier, you will be given 60 days to do that. 
  • Remember that your FMCSA authority is going to get revoked and you will be issued an “out of service” order if you are not able to meet these requirements head-on. 
  • You will then have to wait for at least 30 days to apply for a new FMCSA authority. This will start the process all over again and you do not want all that stress. 

In case you have made this mistake already, there is obviously no way to recover from it. Or is there? Yes, there is because you have several third-party DOT compliance facilitators with you. You can prevent this from happening in the first place if you hand over the responsibility of your FMCSA authority application along with the management of these 16 critical conditions to the experts. They will make sure that you are never in any violations throughout the year and year after year. Just focus on your core functions and let the professionals do their job.

Understanding The New Carrier Entrant Audit

These audits usually take place at the place of work of the carrier. There are group audits as well that can be arranged. It depends entirely upon you whether you want to go for an individual process or a group process. There are usually 72 safety-related questions that the auditor is going to ask you. Nineteen of them are related to hazardous materials and the rest of them are generally with regards to insurance, equipment, maintenance records, accident records, driver qualifications, records of duty status, hazmat, drug and alcohol testing, and similar topics. The entire process is going to take at least 2 to 4 hours to complete.

So make sure that you have this much time at hand when the auditor finally visits your workplace. If the auditor finds that there are any critical safety problems in your workplace, they have the right to put your business out of service. They have the power to revoke your FMCSA authority.

If you look at the audits conducted in the past, nearly half of them will be considered violations. This is because the earlier rules laid down by the FMCSA were quite lenient. But this is not the case right now. After the implementation of the new rule, there are 16 regulations that you must abide by at all costs to keep your business functional. They are listed below:

  1. If the driver has received any positive drug or alcohol use test result, it is never advised to let him drive any of the vehicles at your workplace. There must be proof that you have already implemented a random drug and alcohol testing program at your workplace and all your drivers operating commercial motor vehicles must have a negative test report on them.
  2. If you are using a driver or handing him over important responsibilities, knowing that their alcohol content was 0.04 or greater than this, this would be considered a serious safety violation.
  3. It is never advised to use a driver or professional who has refused to enroll for a random drug and alcohol or controlled substances test that is required under Part 382.
  4. If a driver has tested positive for any controlled substance use or abuse, it is never a good idea to use their services.
  5. If you fail to implement any random controlled substances or drug and alcohol testing program, this is a major violation.
  6. Using a driver who does not have a commercial driver’s license knowingly and putting everyone at risk could get your authority revoked.
  7. If you allow, permit, or authorize an employee or a commercial driver who has been suspended and whose authority has been revoked to operate any commercial motor vehicle, it is going to be considered a major violation.
  8. If you allow or permit or authorize any driver to drive a commercial motor vehicle if he has been disqualified already to do so or whose permission or license has been canceled by the state. It is going to constitute a violation.
  9. Do not let anyone operate a commercial motor vehicle without the minimum level of financial responsibility coverage such as cargo insurance or liability insurance.
  10. Allowing a driver to operate or operating a passenger-carrying vehicle with no minimum levels of financial responsibility coverage that is required under the law (such as liability insurance).
  11. Using a disqualified driver knowing that he has been disqualified is a strict no.
  12. Using a physically disqualified driver is also a violation
  13. Failing to make sure that your drivers make a record of duty status regularly is totally uncalled for too.
  14. Permitting, allowing, or authorizing the operation of a commercial motor vehicle that has been declared out of service due to lack of repairs or any technical problem is unacceptable.
  15. If you fail to correct the status of out of service commercial vehicles listed by the driver before operating them, it will be considered a major violation.
  16. If you use a commercial motor vehicle that has not been inspected regularly, it will not be good for your authority.

Conclusion

So there you have it. That was a lot to take, wasn’t it? How will you be able to make sure that all of this is taken care of? You can’t. Well, unless you have a reliable and highly reputable third-party DOT compliance enabler. Something to think about.

FAQ

What Happens If You Fail a DOT Inspection?

If the vehicle or driver is deemed unsafe, they may be placed out of service, meaning the vehicle cannot operate until all violations are properly corrected.

Who decides which level of inspection to perform?

Both the Commercial Vehicle Safety Alliance (CVSA) and the Federal Motor Carrier Safety Administration have a part in DOT inspection levels. The CVSA develops the criteria and sets the procedures for every inspection level. The FMCSA establishes overall regulations and determines which vehicles must be inspected.

How often do DOT inspections happen?

DOT inspections can happen at any time. They most commonly happen during roadside stops and weigh stations. Carriers with higher risk, poor safety records, or hazardous material may be inspected more frequently.

What documents are required during an inspection?

Documents required during an inspection include but may not be limited to:

  • State driver’s license or commercial driver’s license
  • Medical examiner’s certificate
  • Record of duty status
  • Vehicle registrations
  • Periodic inspections document for all vehicles being operated
  • Shipping papers or bills of lading
  • Information for hazardous materials being transported
  • Proof of insurance

What are common DOT inspection violations?

According to the FMCSA, the 5 most cited roadside violations are:

  1. False Report of Driver’s Record of Duty Status: log falsification providing inaccurate or intentionally altered duty-status information.
  2. No Record of Duty Status (ELD Required): using a commercial vehicle without the required electronic logging device or valid time records.
  3. Inoperable Required Lamp: crucial lights (headlights, brake lights, turn signals, etc.) are not functioning properly.
  4. Operating a Commercial Motor Vehicle Without a Commercial Driver’s License (CDL)
  5. Operating a Commercial Motor Vehicle Without Proof of a Periodic Inspection: failure to meet FMCSA the maintenance standards of a required annual inspection.

Why is updating VMT important for compliance?

VMT is tracked to determine fuel tax obligations (Vehicle Miles Traveled Tax) used for road maintenance and improvements. Trucking companies must keep accurate records of VMT to ensure they pay the correct amount of taxes.

How often should VMT be updated?

For motor carriers VMT must be updated every two years along with the MCS-150 form for the Biennial Update.

Can VMT be tracked automatically with technology?

Yes, Electronic Legging Devices (ELDs), Fleet Management Apps, and Mileage Tracking Software are all technological advancements that can simplify the process of VMT tracking.

How does VMT affect taxes and fuel reporting?

Accurate VMT records help document mileage for business-related tax deductions, ensuring compliance with IRS regulations. It also supports fuel tax reporting by tracking the miles each vehicle travels in different jurisdictions, which is essential for state and federal fuel tax calculations. Proper tracking reduces errors, prevents penalties, and provides a clear record of operational costs.

How do I know when my Biennial Update is due?

  • Your filing schedule depends on the last two digits of your USDOT number. The last digit corresponds with what month the form needs to be filed in. January is 1, February is 2, March is 3, etc. The next to last digit determines the year (odd-numbered year or even numbered year). For example, DOT number 1234567 files their biennial update in July (7) of every even year (6). Contact us today to see if you’re due.

Does the Biennial Update cost money to file?

While you can file your Biennial Update yourself for no cost through FMCSA. The process can often be confusing and time-consuming. Our team can handle your filing for you, simplifying the process for you.

Do intrastate carriers need to file the update?

Yes, even if carriers stay within state lines, a biennial update is still needed for their USDOT number.

What happens if I miss my filing deadline?

  • Failure to complete biennial update to FMCSA can be subject to fines with a maximum penalty of $10,000. If your update is past due, you can still file it to restore your compliance status. Contact us today to file your form! https://dotcompliancegroup.com/bu-update/ 

What are the new FMCSA rules in 2025?

  1. Civil Penalty Amount Increases
  2. Drug & Alcohol Clearinghouse Becomes Exclusive Source for checking driver history.
  3. ELD Technology Required
  4. SMS (Safety Measurement System) Modernization
  5. Crash Preventability Determination Program Expanded

When do the 2025 FMCSA regulations take effect?

The confirmed dates these regulations take effect is May 30, June 23, October 1, 2025.

How can trucking companies prepare for these changes?

Regularly reviewing your Safety Measurement System (SMS) scores and maintaining personal checklists for inspections, driver qualification files, and drug and alcohol testing helps catch issues before they affect audits. Partnering with DOT Compliance Group streamlines filings, reporting, and ongoing monitoring, taking the guesswork out of FMCSA regulations and keeping your operation audit-ready year-round.

What Triggers a DOT Compliance Review?

A DOT compliance review is triggered when FMCSA wants to ensure a carrier is following safety regulations. Common triggers include high SMS safety scores, a history of crashes or violations, and previous noncompliance. Staying proactive with accurate records, driver files, and regular internal audits helps reduce the likelihood of a review.

Where can I get help with FMCSA filings?

DOT Compliance Group can assist with any help or questions you may have about FMCSA filings. Call 972-476-9962.

How long are violations kept on record?

According to the Clearinghouse rules, drug and alcohol violations remain in the FMCSA Clearinghouse for five years, provided all requirements (such as completing the return‑to‑duty process) have been met before that period ends.

What if an employer makes a mistake in reporting?

In practice, correcting an employer reporting error typically involves identifying the mistake in the database and then submitting a request for correction through the Clearinghouse portal or FMCSA procedures, so the record reflects accurate information. 

What are the penalties for non-compliance?

FMCSA rules allow civil penalties for non‑compliance, and separate authorities note that employers who fail to meet Clearinghouse requirements may face civil fines or criminal penalties under federal regulations.

Do trucking companies check the Clearinghouse?

Yes — trucking companies check the Clearinghouse as part of their hiring and compliance process. The FMCSA Clearinghouse is designed so employers can search a driver’s drug and alcohol violation records before permitting them to operate a commercial vehicle. Employers are required to conduct these queries for both prospective and current drivers as part of compliance.

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