Is 49 CFR 390.35 an acute or critical violation?

It is an acute violation on the FMCSA acute/critical list in 49 CFR Appendix B to Part 385. Acute means noncompliance is severe enough to require immediate corrective action.

Does 49 CFR 390.35 automatically fail a new-entrant audit?

No. It is not on the 16-item automatic-failure list in 49 CFR 385.321, but it still adds points against the relevant audit factor and can contribute to an inadequate rating.

§ 390.35 — acute

49 CFR 390.35 in a new-entrant safety audit

49 CFR 390.35 is an acute regulation on the FMCSA new-entrant audit list (49 CFR Appendix B to Part 385): Making, or causing to make fraudulent or intentionally false statements or records and/or reproducing fraudulent records.

What does this regulation mean?

This is an acute violation of 49 CFR 390.35: making, or causing to make fraudulent or intentionally false statements or records and/or reproducing fraudulent records. An acute regulation is one where noncompliance is severe enough to require immediate corrective action, regardless of a carrier's overall safety posture. A single documented occurrence counts against you.

How do I pass the audit on this point?

Keep the records that prove compliance current and complete before the audit, and be ready to show them for the period the auditor reviews. Verify the exact current requirement at ecfr.gov, because the regulations are amended over time.

Which audit factor is this scored under?

§ 390.35 is scored under the General factor (Parts 387 and 390) of the new-entrant safety audit. In a new-entrant safety audit, each acute violation is assessed 1.5 points and each critical violation 1 point (49 CFR Appendix A to Part 385). Points for General come from acute and critical violations of Parts 387 and 390 found in your records.

Common questions

Is 49 CFR 390.35 an acute or critical violation?: It is an acute violation on the FMCSA acute/critical list in 49 CFR Appendix B to Part 385. Acute means noncompliance is severe enough to require immediate corrective action.
Does 49 CFR 390.35 automatically fail a new-entrant audit?: No. It is not on the 16-item automatic-failure list in 49 CFR 385.321, but it still adds points against the relevant audit factor and can contribute to an inadequate rating.

Prep your own new-entrant audit

The CarrierReady Audit-Prep Kit gives you fillable templates mapped to all six factors — driver qualification files, a written maintenance program, a drug-and-alcohol testing policy, an accident register, and a document-by-document checklist.

See the kit

Primary sources

49 CFR Appendix B to Part 385 — verified as of 2026-07-04

CarrierReady is an independent audit-preparation tool — not legal advice, and not affiliated with, endorsed by, or connected to the FMCSA or any government agency; always verify against the official regulations at ecfr.gov.