What to Do After Failing Your New Entrant Safety Audit
For a new trucking company, the New Entrant Safety Audit is a big deal. It's how the Federal Motor Carrier Safety Administration (FMCSA) makes sure you're running a safe operation. But what happens if you fail? It can feel like a massive headache and time-sink, requiring the completion of urgent and confusing paperwork. If it’s not handled right, the FMCSA will end up shutting you down and putting you out of service.
If you just got a letter saying you failed your safety audit, you need to act fast. Your next job is to create and send in a Corrective Action Plan (CAP). This isn't just filling out a form. It's a detailed plan that proves to the FMCSA you’ve figured out where things went wrong during your Safety Audit and have put solid fixes in place, so it won't happen again.
The High Stakes of Your Corrective Action Plan
The FMCSA has very strict rules for a Corrective Action Plan. Just promising to “do better” won't cut it. Your CAP has to tackle every single violation they wrote you up for. For example, if you failed for no Drug and Alcohol testing program in place, you must first rectify that failure, get supporting documentation, and then include it with the submission of your CAP.
The clock is ticking the moment you get that failure notice. You generally have 60 days to get your CAP approved, but you can’t afford to wait. To avoid getting shut down, the FMCSA only guarantees their ability to process your CAP if it is submitted within 15 days of the date of your failed audit letter. However, your CAP can still be rejected after your submission, making accuracy as important as speed.
Getting this plan right is tough, especially under a tight deadline when your entire business is on the line.
What Happens If You're Placed Out of Service?
If you don't get an approved Corrective Action Plan submitted in time, the consequences are severe. The FMCSA will place your company under an Out-of-Service order. This isn't a slap on the wrist; it’s a complete shutdown.
Once you are placed OOS for a failed new entrant audit, you will remain OOS for a minimum of 30 days.
To get back on the road, you have to complete a two-step process:
First, you still have to get a Corrective Action Plan approved by the FMCSA.
Second, after the 30-day waiting period is over, you must file for reinstatement and re-apply for your New Entrant authority.
This process is costly, not only in fees but in lost time and revenue. Every day you're OOS is a day you're not making money.
We Make It Simple—Even if You're Already OOS
This is where Total Insight Professional Services LLC (TIPS) comes in. We specialize in helping truckers like you get through this tough process. Whether you’ve just received your failed audit letter, or if you have already been placed Out of Service, we can help.
Here's how easy we make it: Just send us your failed audit letter. From that one letter, our experts can see why you failed, figure out exactly what your plan needs to say, and give you a straightforward price for us to handle the creation, submission, and approval of your Corrective Action Plan, while providing options to address the violations from your audit with our wide array of services and solutions for Motor Carriers. We can manage the entire process for you, from building a CAP that gets approved to processing the reinstatement filing.
We’ve done it for hundreds of carriers, we can do it for you, too.
How to Get Your Failed Audit Letter
If you can't find your failed audit letter, you can get another copy by contacting the right FMCSA Service Center. Here is the contact info for each one:
Eastern Service Center: (CT, DC, DE, MA, MD, ME, NH, NJ, NY, PA, PR, RI, VA, VT, WV)
Email: ESCCAP@dot.gov
Midwestern Service Center: (IA, IL, IN, KS, MI, MN, MO, NE, OH, WI)
Email: MSSCAP@dot.gov
Southern Service Center: (AL, AR, FL, GA, KY, LA, MS, NC, OK, SC, TN)
Email: SSCCAP@dot.gov
Western Service Center: (AK, AZ, CA, CO, HI, ID, MT, ND, NM, NV, OR, SD, TX, UT, WA, WY)
Email: WSCCAP@dot.gov
In the email, you should provide them with your USDOT Number, company legal name, and a brief message that informs them you are requesting a copy of your failed audit letter be emailed to you, so you may continue with the Corrective Action Plan process and rectify any and all safety violations.
Remember, the failed audit letter is a very particular form and is separate from other documents you may have received regarding your failed audit, including an OOS order from the FMCSA notifying you that you have been placed out of service.
Don't Let a Failed Audit Stop You
A failed new entrant safety audit doesn't have to be the end of the road. With the right help and a solid Corrective Action Plan, you can show you're serious about safety and get back to hauling loads. You can text us, call us, or submit a contact form to get in touch with us about assisting with your CAP. We'll get you through this and back on the road with confidence.
For more information on how to avoid audit or inspection violations, review our safety audit checklist.