Failed your safety audit? Your deadlines and what to do next
Send FMCSA a corrective action plan within 15 days of the failure notice. Property carriers have 60 days from the notice to show acceptable corrective action, and passenger and placarded hazmat carriers have 45. If you miss it, your registration is revoked and you're placed out of service.
General information, not legal advice. Rules change: check the linked sources or a qualified consultant before acting. How to use our guides
days to send a corrective action planSo FMCSA has time to review it.
days to show acceptable corrective actionProperty carriers. 45 for passenger or placarded hazmat. Miss it and your registration is revoked.
Your timeline
| When | What happens |
|---|---|
| Day 0 | You receive the written notice that you failed. |
| By day 15 | Submit your corrective action plan, so FMCSA has time to review it before the deadline. |
| Day 45 | Deadline for passenger carriers and placarded hazmat carriers. |
| Day 60 | Deadline for property carriers. |
| Day 46 or 61 | Without accepted corrective action: registration revoked and an out-of-service order takes effect. |
Count from the date on your notice, not the day you open it.
FMCSA can extend the deadline: up to 60 more days for a property carrier making a good-faith effort, and up to 10 more days for a passenger or placarded hazmat carrier that has already sent its plan, if FMCSA needs time to review it (49 CFR 385.323). Ask before the deadline, not after.
What a corrective action plan needs
For each violation listed on your notice:
- What went wrong, in one or two plain sentences.
- What you changed, with the date.
- Proof, such as a consortium enrollment certificate, a completed driver file, an annual inspection report, or ELD setup confirmation.
- How you'll keep it from happening again: who is responsible and how often they check.
FMCSA publishes guidance on what an acceptable plan contains. Read it before you write yours.
Mistakes that get plans rejected
- Promises without proof ("we will enroll drivers").
- Fixing some violations and skipping others.
- Sending it close to the deadline, with no time to correct a rejected plan.
- Keeping the problem going while the plan is under review, such as letting an unenrolled driver keep driving.
If you think the audit got it wrong
You can ask FMCSA for an administrative review of a failed audit. Your notice explains how and by when. You can do this and still send a corrective action plan; don't let one wait on the other.
When to get help
This is the moment most carriers call a consultant. Someone who writes these plans regularly knows what reviewers accept, and the clock doesn't stop while you learn.
Sources
- FMCSA: Corrective Action Plan guidance for failed safety audits (PDF)
- eCFR: 49 CFR Part 385, Subpart D (New Entrant Safety Assurance Program)
- FMCSA New Entrant help center
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.