Question
I was reading in the handbook that it is possible to challenge a physical that was granted a "conditional" status.
How is this done? Seems to me that the book version would take for ever to get done. By that time, the conditional time element has expired.
For a reference, you are examined by a questionable chiropractic. "You have swollen feet so you get a 90 day condtional".
Under 391.43, it states that "If a leg deformity exists, determine whether sufficient mobility and strength exist to enable the driver to operate pedals properly. Particular attention should be given to and a record should be made of, any impairment or structural defect which may interfere with the driver's ability to operate a commercial motor vehicle safely."
Seeing as how the driver is able to perform his job even with the so called "swollen" feet, would the examining person therefor be in the wrong for not having performed the examination thoroughly to determine complliance or not?
So how would a driver challenge this conditional qualification?
Also, the driver had been previously examined within the past few months and the previous doctor gave the driver a 2 year physical. It's just that the company would not accept that physical for some reason.
What does one do now?
Answer
I would say your best bet is to go and see either your primary care physician or a specialist and have the "problem" investigated" and if they determine that no such condition exsists or that if one does exsist but is treatable and will not interfere with your driving then take those findings, in writing, back to the company "doc".