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The 16 violations that fail your safety audit automatically

Updated September 24, 2026 · Source: eCFR: 49 CFR 385.321, Safety audit failure

Short answer4 min read

FMCSA lists 16 regulations that fail a new entrant safety audit on their own. Fourteen fail you on a single instance; missing yearly truck inspections and missing hours-of-service logs fail you when they show up in half or more of the records checked.

General information, not legal advice. Rules change: check the linked sources or a qualified consultant before acting. How to use our guides

All 16, most common first

FMCSA doesn't publish counts for each rule. The order below comes from consultant and industry reports, which consistently put drug and alcohol testing at the top.

01
No random drug and alcohol testing program

Your CDL drivers, including you if you drive, aren't in a random testing pool.

49 CFR 382.305 · One instanceMost common
How to avoid it

Join a consortium or set up your own random pool before your first CDL driver works.

02
No drug and alcohol testing program at all

No testing program was in place when a CDL driver started working.

49 CFR 382.115 · One instanceMost common
How to avoid it

Have a written policy and a negative pre-employment drug test before anyone drives.

03
Trucks without a yearly inspection

No annual inspection record for the vehicles checked.

49 CFR 396.17(a) · 51% or more of records checkedCommon
How to avoid it

Inspect every truck and trailer at least once every 12 months and keep the report.

04
Drivers not keeping hours-of-service logs

Drivers aren't required to record their hours.

49 CFR 395.8(a) · 51% or more of records checkedCommon
How to avoid it

Use an ELD or paper logs unless a written exemption applies, and keep the records.

05
Driver without a valid medical card

A driver isn't medically qualified.

49 CFR 391.11(b)(4) · One instanceCommon
How to avoid it

Keep a current DOT medical certificate for every driver and track expiry dates.

06
Operating without the minimum insurance

Liability coverage is below the federal minimum for what you haul.

49 CFR 387.7(a) · One instanceOccasional
How to avoid it

Confirm your limits with your agent. General freight is usually $750,000.

07
Driver-reported defect not fixed

A driver wrote up an out-of-service defect and the truck ran again before repair.

49 CFR 396.11(a)(3) · One instanceOccasional
How to avoid it

Repair it, sign the report, and keep it before the truck moves.

08
Driving a truck put out of service

A truck ordered out of service at an inspection moved before it was repaired.

49 CFR 396.9(c)(2) · One instanceOccasional
How to avoid it

Repair first, then return the signed inspection report as instructed.

09
Driver without a valid CDL

A driver needs a CDL for the vehicle and doesn't have one.

49 CFR 383.3(a) / 383.23(a) · One instanceOccasional
How to avoid it

Check the license class and endorsements against every vehicle they drive.

10
Using a disqualified driver

A driver is disqualified under driver-qualification rules.

49 CFR 391.15(a) · One instanceRare
How to avoid it

Pull a driving record at hire and every year, and act on what it shows.

11
Using a driver disqualified from holding a CDL

A driver lost CDL privileges, for example after a DUI.

49 CFR 383.51(a) · One instanceRare
How to avoid it

Same as above: driving records at hire and yearly.

12
Using a driver whose license is suspended or revoked

You knew, or should have known, the license wasn't valid.

49 CFR 383.37(b) · One instanceRare
How to avoid it

Same as above, plus a written rule that drivers report suspensions.

13
Using a driver who tested positive for drugs

A driver kept working after a positive test.

49 CFR 382.215 · One instanceRare
How to avoid it

Remove them from driving until they finish the return-to-duty process.

14
Using a driver who refused a test

A refusal counts like a positive, and the driver kept working.

49 CFR 382.211 · One instanceRare
How to avoid it

Treat a refusal exactly like a positive result.

15
Using a driver with alcohol at 0.04 or higher

A driver worked at or above 0.04 alcohol concentration.

49 CFR 382.201 · One instanceRare
How to avoid it

Remove them from driving and follow the return-to-duty process.

16
Passenger vehicle without the minimum insurance

A bus or passenger van ran below the required coverage.

49 CFR 387.31(a) · One instanceRare (passenger only)
How to avoid it

Passenger carriers only: confirm limits for your seating capacity.

If your drivers don't need a CDL

Eight of the 16 only apply to carriers with CDL drivers: the five drug and alcohol rules and the three CDL rules. If you run box trucks under 26,001 pounds without placarded hazmat and without CDL drivers, the drug and alcohol testing rules in Part 382 don't cover you. Driver files, medical cards, logs, inspections and insurance still do.

Check yourself in two minutes

The audit readiness check turns these 16 rules into ten yes-or-no questions and shows which ones to fix first. Nothing you enter is saved or sent.

Sources

General information, not legal or compliance advice, and no substitute for the regulations or a qualified professional. Rules change and every carrier is different. Reading this page doesn't create a relationship with FleetCleared or any consultant, and using it is subject to our terms. Found an error? Email legal@fleetcleared.com. FleetCleared is an independent website and is not affiliated with FMCSA or the U.S. Department of Transportation.