Sorry about that. I saw witch. But I will take your word....

I'm terribly sorry Re. your wife. I had Prostate Cancer & Radiation therapy & went through something not that different than your wife afterwards but the medicos state it was caught early and was cured.

I was able to get in contact of Dr. "X" (I promised to continue to protect his name) today. He's retired as of 4-months ago but he told me the interpretation was changed not too long before he retired (about 7-months ago).

According to him, so long as the physician is aware of the transplant (documented on the applicant portion of the physical.....that portion of the written physical exam sheet that the driver completes), and so long as the physician is completely aware of the federal standards; if he/she (the driver/applicant) passes the physical there is no need for a waiver. He also suggested that the original problem should have been discussed/shown on the long form by the applicant. But if the condition and/or surgery was not shown it could be interpreted as deception.

Dr. "X" implied, but would not be quoted on this because it could have reverted again (and I agree with him in that regard). However, the refused driver may (and I emphasize the word may) have a case under the ADA, the Fair Labor Standards Act, or one of those laws against this carrier but he, nor I are experts in that regard and do not imply, nor suggest this could be successful, or even correct. I would therefore suggest contacting an attorney to see if a federal law has been violated

I guess the old adage is incorrect. You CAN teach this old dog new tricks.

Psanderson,I don't know if you got that private message I sent but I did receive a reply to my e-mail to the FMCSA medical division.It stated,

Fmcsa does not have any guidance for bilateral lung transplants.A prudent medical examiner would need to determine that neither an acute or fixed impairment is present and that there should be no physical diagnosis that would prohibit a driver from safely operating a CMV.


This response could be put in the "gray" area but I guess in most cases it's left up to the doctor to decide if a drivers is fit.

I saw it. My retired Dr. friend told me the above on Saturday. Could be there are conflicting happenings here until the word gets to the field. I remember we used to get our personal new rules books (the rules are revised by the feds every October 01) from J.J. Keller because they were more up to date (Keller updates every 90-days). We didn't get our new rules books until somewhere around the following March after the October 01 reprinting from the Gov't Printing Office.