The 16 automatic-fail rules, on one printable page

A new US trucking company fails its FMCSA new entrant safety audit automatically if the auditor finds any one of 16 violations listed in 49 CFR 385.321(b). This sheet lists all 16 with a box to tick when you have the proof on file. Print it, pin it up, or hand it to a new driver or office manager. Free, no sign-up.

Fits on one US Letter or A4 page.

FMCSA new entrant safety audit: the 16 automatic-fail rules

49 CFR 385.321(b) · checked against eCFR, Oct 2026

Company:USDOT #:Checked by / date:

#Automatic-fail violation, and the proof to have on fileRuleOK
Drug and alcohol testing (if any vehicle needs a CDL)
1No drug and alcohol testing program in place Consortium / TPA enrollment, written policy, pre-employment results382.115(a) / (b)
2Using a driver known to have an alcohol content of 0.04 or greater for safety-sensitive work382.201
3Using a driver who refused a required alcohol or drug test382.211
4Using a driver known to have tested positive for a controlled substance382.215
5No random drug and alcohol testing program Driver listed in a random pool; selections and tests documented382.305
Licenses and insurance
6Knowingly using a driver without a valid CDL383.3(a) / 383.23(a)
7Knowingly letting someone drive whose CLP or CDL is disqualified by a State, who lost the right to drive a CMV in a State, or who is disqualified383.37(b)
8Knowingly letting a disqualified driver drive a CMV (as defined in 383.5) Rows 6 to 8 and 11: license copy and motor vehicle record in each driver file383.51(a)
9Operating without the required minimum insurance (financial responsibility) Policy and filing covering every day you operated387.7(a)
10Operating a passenger vehicle without the required minimum insurance (passenger carriers only)387.31(a)
Driver qualification
11Knowingly using a disqualified driver391.15(a)
12Knowingly using a physically unqualified driver (CMV as defined in 390.5) Current medical examiner's certificate in each driver file391.11(b)(4)
Hours of service and maintenance
13Not requiring drivers to make a record of duty status Fails at 51% or more of examined records. ELD records or logs for every driver and day, plus supporting documents395.8(a)
14Operating a vehicle declared out of service before it is repaired Repair records dated before the vehicle moved again396.9(c)(2)
15Not fixing out-of-service defects a driver listed on a DVIR before the vehicle is operated DVIR, certification of repair, driver's review396.11(a)(3)
16Using a CMV not periodically (annually) inspected Fails at 51% or more of examined records. Inspection within the last 12 months for each truck and trailer396.17(a)

Rows 1 to 12, 14 and 15 fail on a single occurrence. If the audit fails, FMCSA sends written notice within 45 days; most carriers then have 60 days from the notice date to show corrective action (45 days for certain passenger carriers and others listed in 385.319(c)), or registration is revoked and an out-of-service order takes effect on day 61 (or 46) (385.319, 385.325). Passing these 16 is necessary, not sufficient: an audit can also fail for inadequate basic safety management controls (385.321(a)). Source: 49 CFR 385.321(b), eCFR text up to date as of Oct 8, 2026. Not legal advice; rules change, so confirm at ecfr.gov. Free from quickwell.app/audit-kit/

How to use it

  1. Print one copy per company (or per audit binder).
  2. Tick a box only when you can put your hand on the proof today. If you can't find it, the auditor can't either.
  3. Rows 1 to 8 apply only if a vehicle needs a CDL. Row 10 applies only to passenger carriers. Row 1 is 382.115(a) for US carriers and 382.115(b) for foreign-domiciled carriers.
  4. For each empty box, the rule-by-rule reference explains what the regulation requires and how to fix it.
Want it answered for your company? The free New Entrant Audit Self-Check asks one question per rule, marks which rules apply to you, and lists what to fix. The plain-English guide explains all 16 violations.

Share or link to this sheet

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Sources

Sources opened and checked on October 12, 2026.

Not legal advice. This sheet is an educational summary of a public regulation. It does not guarantee that you pass an audit. FMCSA rules change: confirm on ecfr.gov and fmcsa.dot.gov, and ask a qualified professional about your situation. Quickwell is not affiliated with FMCSA.