One-Eyed Driver

Discussion in 'Experienced Truckers' Advice' started by j.ortlinghaus, Jan 7, 2015.

  1. j.ortlinghaus

    j.ortlinghaus Bobtail Member

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    Jan 7, 2015
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    Hey guys,
    I'm new to this forum and joined to ask one very important question. I've had my Class A here in CA for two years, meaning it was time for me to get re-certified on my medical card. I have a prosthetic right eye, I've had it since I was two. When I initially got my CDL I had to get a waiver, no surprise there. HOWEVER, when I went in to get my recertification, they failed me on my DOT physical and told me it'd be impossible for me to get a waiver for being half blind since it says right on the DMV form that "monocular drivers are not qualified."

    So my real question is, is it legal for them to take my CDL even though I have had it for two years with a waiver? I realize that if I just now was trying to get my CDL and they failed me for having one eye, I'd understand. But after having had it and have been driving for two years, I'm quite angry. I want to know if this is worth the hassle of taking to court. I do heavy haul for a local company and it's how I make my living. Without a CDL, I'm pretty much ###### out of luck.

    Any advice?

    Thanks.
     
    gpsman Thanks this.
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  3. skateboardman

    skateboardman Road Train Member

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    is the waiver still in effect
    ?
     
  4. hilliard

    hilliard Light Load Member

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    Sep 13, 2009
    hilliard, oh
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    http://www.fmcsa.dot.gov/medical/driver-medical-requirements/driver-exemption-programs
    That link has application you need for an exemption.
    There is additional information to read for residents of Indiana and Florida if ypu are from these States.

    An individual may apply for an exemption from the diabetes and vision standard, section 391.41(b)(3) and 391.41(b)(10) of the regulation, by utilizing these programs. If you do not currently meet the diabetes and/or vision standard and are unable to obtain a medical card, you may be an eligible candidate.

    Please note that all exemption programs are for drivers who intend to operate commercial motor vehicles (CMVs) in interstate commerce. FMCSA does not have statutory authority to grant waivers/exemptions to drivers from states' intrastate requirements. Therefore, the FMCSA waivers/exemptions do not permit regulatory relief for drivers who plan to limit their operations to intrastate commerce.\
     
  5. Chewy352

    Chewy352 Road Train Member

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    Enid, OK
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    I knew a driver who was legally blind in one eye. He had a waiver and a CA CDL. He had a restriction or somesort that his tractor had to have fender mirrors on both sides so he wouldn't have to turn his head as far.
     
    hilliard Thanks this.
  6. Skate-Board

    Skate-Board Road Train Member

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    Merrimack, NH
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    I'm curious. I have no depth perception if I cover one eye and can't tell distance. Is this something that you adapted to?
     
  7. gpsman

    gpsman Road Train Member

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    Check FMCSA website (http://nrcme.fmcsa.dot.gov/mehandbook/me3_fed_exemption.aspx) for any updates to this
    document. Current as of Feb. 1, 2014

    The FMCSA Vision Exemption Program is for monocular vision. The vision exemption is issued for a maximum of 2
    years and is renewable.

    The driver must be otherwise qualified under 49 CFR 391.41(b)(1-13) or hold another valid medical exemption to
    legally operate a commercial motor vehicle in interstate commerce. Provisions of the vision exemption include an
    annual medical examination and an eye examination by an ophthalmologist or an optometrist.

    At the annual recertification examination, the driver should present the current vision exemption and a copy of the
    specialist eye examination report. Certify the qualified driver for 1 year and issue a medical examiner's certificate with
    the "accompanied by" exemption checkbox marked and write "vision" to identify the type of Federal exemption.
    The motor carrier is responsible for ensuring that the driver has the required documentation before driving a
    commercial vehicle. The driver is responsible for carrying both the vision exemption and the medical examiner's
    certificate while driving and keeping both current.

    http://www.familydocs.org/f/Federal Exemption Information.pdf (PDF/522K)

    https://www.google.com/#q=fmcsa+monocular+waiver
     
  8. BROKENSPROKET

    BROKENSPROKET Medium Load Member

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    Jan 22, 2011
    Wisconsin
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    Covering one eye only slightly reducing my depth perception. Only slightly.
     
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