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-   -   What would you do? (https://www.classadrivers.com/forum/rules-regulations-dac-oh-my/43423-what-would-you-do.html)

golfhobo 12-10-2012 06:51 PM

What would you do?
 
Recently, my 2 year medical certification came due. For reasons of ADD, some depression, and generally being the world's best procrastinator... I let it get too close to get an appointment with my regular doctor at the V.A. (some of you may know how long this takes.)

So... I called my "other" personal doctor, and couldn't get an appointment on a Monday (the only day I have at home besides Sunday) in time to meet the deadline.

So... I walked in at a local PROMED facility... you probably know the type. But... they seem to do LOTS of Fedex physicals all over the Carolinas!

But, when it came to "turn my head and cough," the doctor discovered the same hernia I'd had two years ago when my doctor said, "ya got a LITTLE hernia there.... we'll have to keep an eye on it."

Then, this young doctor told me it was a "disqualifier" and had to be fixed before he could give me a med card!" I was too flumoxed to argue with him, and managed to get a 3 month card out of him.

Since then, I've researched the med qualifications for drivers AND for doctors. It is clear that he is WRONG! A minor hernia, that doesn't affect my ability to drive a truck, does NOT disqualify me... nor even require a shorter term med cert!

So.... do I go back to him and "school" him? Or just go to another doctor and get another physical?

I've already checked with my company, and they would have no problem "updating" my file with a new "cert."

I don't LIKE to have to confront a doctor with the fact that he didn't read and/or understand the regulations. But... I paid my money!

I'm still gonna have a problem getting in to see my V.A. doctor in time, but finally called and made another appt. with my NON-V.A. family doctor.

But, time is running out.... and my A.D.D. makes it very hard to get "done" what needs to be done.

What would you do?

freebirdrfd 12-10-2012 07:38 PM

I would print out the rules, and go back for the card that you already paid for. It may help if you do this on your way to a ball game, and just happen to walk in with the bat in hand ;)

golfhobo 12-10-2012 08:07 PM

Quote:

Originally Posted by freebirdrfd (Post 520669)
I would print out the rules, and go back for the card that you already paid for. It may help if you do this on your way to a ball game, and just happen to walk in with the bat in hand ;)

Another A.D.D. problem. I have no working printer at home. I was going to go print "them" out at my Dad's today... but, he went to play golf. Yeah, I know.... not a good excuse. I should be able to figure out how to print from his computer without him being there.

I'm not sure it matters, though. If I decide to go "challenge" the doctor, I'm pretty sure he has a computer and I can bring up all the regs I need to for him to read.

But... that IS kinda the way I was leaning. I don't need a bat. I'm armed with the truth. Besides... I read the reg that alllows them to do such physicals! They would lose quite a bit of income IF I mounted a challenge against them with the DOT.

The problem is... and I'm sure SOME here will find it hard to believe... but, I really don't like confrontations. Especially ones where I am forced to prove that I am (and always WAS) right, and they are wrong!

chris1 12-10-2012 08:34 PM

Is your VA or personal doctor in the federal registry?

golfhobo 12-10-2012 08:39 PM

Quote:

Originally Posted by chris1 (Post 520684)
Is your VA or personal doctor in the federal registry?

Actually doesn't matter as that requirement doesn't take effect until 2014. [Just read that today. Don't make me prove it.]

Both have done DOT physicals for me before.

So... assuming they ARE... what would you do?

chris1 12-10-2012 08:59 PM

Even though i shouldn't"assume" i figured fedex would only be using them already. Even though voluntary at this time. I'm suprised that they would accept another physical unless it specifically addressed the problem from the first doctor. You know,liability.

Other than that get another doctor to argue the case and the original to change his finding. Thats why this is going into effect,to keep someone from finding a doctor that ignores something. You don't need that in your file(as long as you work there)



What,you didn't think i know when this goes into effect?

golfhobo 12-10-2012 09:47 PM

Quote:

Originally Posted by chris1 (Post 520687)
Even though i shouldn't"assume" i figured fedex would only be using them already. Even though voluntary at this time. I'm suprised that they would accept another physical unless it specifically addressed the problem from the first doctor. You know,liability.

Fedex GROUND is all "independent contractors." I think they want as little responsibility (plausible denial) as possible. Under the new laws, the company doesn't need to have the long form on file... just a copy of the certificate we carry with us. If I give them a NEW med cert to "copy" on file... they don't need (or care) to know if I fixed the problem or not. They just "override" the cert on file.

Quote:

Other than that get another doctor to argue the case and the original to change his finding.
That would be the simplest thing. MY doctor knew about my hernia 2 years ago, and didn't "find" it to be a disqualifier. No "argument" needed.... just another physical and another CARD. Under current regs, the original findings don't have to be "disputed," just over-ridden.

Wait.... you missed my point. It's a choice between having the "original" doctor to change his finding.... or get a new physical by a doctor who understands that the regs don't consider a "minor hernia" as a disqualifier.

Quote:

Thats why this is going into effect,to keep someone from finding a doctor that ignores something. You don't need that in your file(as long as you work there)
Well, I think there's more to it.... but, I'll accept your interpretation for now.

Quote:

What,you didn't think i know when this goes into effect
I wouldn't DARE deign to think that you didn't know everything there was to know! It's just that THIS time... you didn't know more than me. LOL!

But, I thank you for your opinion.

LogBook 12-10-2012 09:56 PM

hobo, grab your balls and dill with it. call or go see that doc and show were he has miss understood the reg and ask if he can update you to 2yers. its you job and you need to man up or move on... hobo dont mean to be a ass but dude its your job and you watted so now fix it,

hobo.....now!!!! get on the dame phone call that doc and talk to him like a man.

MichiganDriver 12-10-2012 10:04 PM

Quote:

Originally Posted by LogBook (Post 520695)
hobo, grab your balls and dill with it. call or go see that doc and show were he has miss understood the reg and ask if he can update you to 2yers. its you job and you need to man up or move on... hobo dont mean to be a ass but dude its your job and you watted so now fix it,

hobo.....now!!!! get on the dame phone call that doc and talk to him like a man.

Too funny! Hobo, you cannot and should not argue with this man. He's got you figured out. :D

And seriously, you paid the piper. You get to listen to the music. (or something like that, butchering metaphors doesn't pay well but I enjoy it). :)

Confront the overpaid ignoramus. He needs to be schooled for the sake of everyone else that goes to see him. You'll know you did the right thing.

chris1 12-10-2012 10:18 PM

Quote:

Originally Posted by golfhobo (Post 520692)
Fedex GROUND is all "independent contractors." I think they want as little responsibility (plausible denial) as possible. Under the new laws, the company doesn't need to have the long form on file... just a copy of the certificate we carry with us. If I give them a NEW med cert to "copy" on file... they don't need (or care) to know if I fixed the problem or not. They just "override" the cert on file.


So they are using the states CDLIS? That means the state has a copy of the long form. There is a time limit for certain things in a DQ file. Most keep everything as long as you're employed there.



That would be the simplest thing. MY doctor knew about my hernia 2 years ago, and didn't "find" it to be a disqualifier. No "argument" needed.... just another physical and another CARD. Under current regs, the original findings don't have to be "disputed," just overruled

Wait.... you missed my point. It's a choice between having the "original" doctor to change his finding.... or get a new physical by a doctor who understands that the regs don't consider a "minor hernia" as a disqualifier.


Wouldn't you feel better if it was deemed wrong?




Well, I think there's more to it.... but, I'll accept your interpretation for now.


There were many white/type certs,you can order blank ones.


I wouldn't DARE deign to think that you didn't know everything there was to know! It's just that THIS time... you didn't know more than me. LOL!


We started accepting only medicals from "our" doctor(s) that have an ID# in the registry a while back. Just suprised fedex isn't. You know i just love sitting at those FMCSA seminars twice a month.


But, I thank you for your opinion.

Enough things in this industry that you can't get changed,when there is something that you can i would do it.

golfhobo 12-10-2012 10:31 PM

MichiganDriver said:

Quote:

Too funny! Hobo, you cannot and should not argue with this man. He's got you figured out. :D
Well, maybe! That IS my first considered option. But... I withheld the information that he was a doctor from INDIA. Just wanted to hear opinions without prejudice.

Funny thing about it is.... this all started when the DOCTOR grabbed my balls! ;)

Quote:

And seriously, you paid the piper. You get to listen to the music. (or something like that, butchering metaphors doesn't pay well but I enjoy it). :)
Yeah... don't quit your "day job."

Quote:

Confront the overpaid ignoramus. He needs to be schooled for the sake of everyone else that goes to see him. You'll know you did the right thing.
I really don't LIKE to "school" the ingnorami in the world. I have high expectations for myself... and I expect others to have the same. I had this same type of problem when I was in the Air Force... and it pretty much ruined my career. I guess I am up against the same now.

But, I take it that the general consensus (so far,) is that... although I could easily pay for another physical... I should return to this doctor and his clinic and embarrass them all by telling them they don't know CHIT about FMCSR's!

Kinda reminds me of that R.D. post about how I think I'm always right! I guess I was looking for someone to tell me NOT to be an A-hole who KNOWS he's right.

golfhobo 12-10-2012 10:51 PM

chris1 said:

Quote:

So they are using the states CDLIS? That means the state has a copy of the long form. There is a time limit for certain things in a DQ file. Most keep everything as long as you're employed there.
Not sure, but maybe. Point is... the state CDLIS doesn't come into play until Jan 2014. Perhaps, they are 'floating" the difference. I think I had to turn in my long form last time... but, they made a big point out of the fact that i didn't have to this LAST time. JUST a copy of my med cert card.

Quote:

Wouldn't you feel better if it was deemed wrong?
Not really... not necessary. Just want what I deserve.... a med cert for another 2 years. Actually... I am getting a bit concerned about the hernia. But... I can take care of it when I NEED to... and can schedule surgery with the V.A. So far... it doesn't affect my ability to drive a CMV. And THAT is the point.

Quote:

Enough things in this industry that you can't get changed,when there is something that you can i would do it.
Not really going to affect the industry, but... I get your point. Thing is... I don't really have much of a problem with any of the "new" regulations, etc. Not being an O/O and such. I just want people to leave me alone.

Just a side note... since you are so interested and knowledgable... we drivers don't have to submit the long form of our physical to the DMV until Jan 2014. So... I haven't DONE so to this point... and surely don't want to present THIS one to them! [a 3 month restriction]

IF I can get this cleared up.... or over-ride it with a different doctor's "opinion" and 2 year cert.... THAT would be the one I would want to submit to the DMV.

LogBook 12-11-2012 02:35 AM

i took a fisical got a 2 yr med card, preparing for yearly dot auit learn that my eyes were tobad and the long form was miss marked as passed w/20-35 something like that, i just fond a dot test doc were i was and took a new fisical/ passed and faxed in my long form. theres no conition till we turn them into dmv now. weather you dill with the first doc or take a chance with the new doc you need to be proactive on your part, you had all day. many truck stops have dot fisical at or close to them.and you have a phone......think your at home to.........what did you do 2day to fix this hobo

LogBook 12-11-2012 02:45 AM

hobo.....we drivers don't have to submit the long form of our physical to the DMV until Jan 2014

i dont think that state ment is corect. i think it was if your card exsperd befor 2014 you dint need to do anything till you got your new card/longform. so now after you get everything fixed you must go to dmv and file it. not blow it off till 12/31/13........

when it comes to your responcabilaty and carear i will ride anyones ass. get her done

chris1 12-11-2012 10:26 AM

Quote:

Originally Posted by golfhobo (Post 520707)
chris1 said:



Not sure, but maybe. Point is... the state CDLIS doesn't come into play until Jan 2014. Perhaps, they are 'floating" the difference. I think I had to turn in my long form last time... but, they made a big point out of the fact that i didn't have to this LAST time. JUST a copy of my med cert card.


1/30/2012 And the CDLIS started in 1986



Not really... not necessary. Just want what I deserve.... a med cert for another 2 years. Actually... I am getting a bit concerned about the hernia. But... I can take care of it when I NEED to... and can schedule surgery with the V.A. So far... it doesn't affect my ability to drive a CMV. And THAT is the point.


Then it shouldn't be on your permanent record.




Not really going to affect the industry, but... I get your point. Thing is... I don't really have much of a problem with any of the "new" regulations, etc. Not being an O/O and such. I just want people to leave me alone.

Just a side note... since you are so interested and knowledgable... we drivers don't have to submit the long form of our physical to the DMV until Jan 2014. So... I haven't DONE so to this point... and surely don't want to present THIS one to them! [a 3 month restriction]


Some states have already fully implemented the program.


IF I can get this cleared up.... or over-ride it with a different doctor's "opinion" and 2 year cert.... THAT would be the one I would want to submit to the DMV.

Don't know where your state is in the program but if you had to give them a copy of the medical certificate then it is already part of your permanent record.

N_Solo 12-11-2012 11:52 AM

In my opinion, a major difference exists between being an "a-hole who KNOWS he's right" and being assertive and politely saying to the waiter, "Does this steak look medium-well to you? Because it's lookin' medium-rare at best to me." ;)

MichiganDriver 12-11-2012 12:13 PM

Hobo - for what it's worth I'm flip flopping on this. The fact that you said he's from somewhere else has me thinking you wouldn't have said that if his English was good. I can't imagine a person with broken English being receptive to subtlety, nuance or tact (whichever word is appropriate here). To be honest, I'd just get the cert somewhere else.

RebelDarlin 12-16-2012 02:10 AM

Quote:

Originally Posted by N_Solo (Post 520742)
In my opinion, a major difference exists between being an "a-hole who KNOWS he's right" and being assertive and politely saying to the waiter, "Does this steak look medium-well to you? Because it's lookin' medium-rare at best to me." ;)

Exactly!!!

mitchno1 12-16-2012 06:23 AM

just shift to New Zealand our ht your cdl medical lasts 10years

repete 12-16-2012 04:40 PM

Quote:

Originally Posted by mitchno1 (Post 521055)
just shift to New Zealand our ht your cdl medical lasts 10years

10yrs! Wow something importent could fall off in that time.

Hobo, I vote for going back and edumacting em! You should get what you paid for. Worse case you get another one done at your Dr.

LogBook 12-17-2012 01:26 AM

did i hert hobo's filling. he has not been back on for a week. we want to know how is your delema comming and did you take actions to resolve this?

golfhobo 12-17-2012 05:37 PM

Quote:

Originally Posted by LogBook (Post 521101)
did i hert hobo's filling. he has not been back on for a week. we want to know how is your delema comming and did you take actions to resolve this?

No hurt feelings, Logbook. Sometimes, I NEED a kick in the arse. Thanks.

I'm usually out for a week at a time. Sometimes, I get a chance to get online during that week.... sometimes, not.

I wish I could tell you it is solved, but I am still struggling with it. I DO have an appt with my "family doctor" for the week of Christmas (as a last resort.) Pretty sure he will see things differently.

Just got off the phone with my Dad asking the same question. HIS opinion is that I might have a hard time "educating" a doctor who pretty much thinks he's already "educated." I KNOW this... and hence my hesitation to go back and "discuss" his misunderstanding of the regs and the physical requirements.

I KNOW I have to do something... and quick! I would like to have more than just the chance of next week's physical with my family doctor. What if HE doesn't see it my way? I hope to accomplish something today... but, am almost paralyzed by my A.D.D.

I know what I need to do. But, if you have no experience with depression and A.D.D., you have no idea the anxiety and paralysis I'm feeling. But.... thanks again for your support and concern.

I'm kinda like Congress. I usually wait until the last minute to get things done. It seems the impending DOOM must loom larger than the fear of action before I WILL act.

One reason trucking fits me so well, is the "structured" environment. When I'm on the job... I know what I must do, and I do it. When multiple decisions are involved in my personal life... I have trouble. I just didn't see this coming.

Again... thank you for being concerned. I hope I will do the right thing and make you proud.

golfhobo 12-17-2012 06:07 PM

Quote:

Originally Posted by MichiganDriver (Post 520743)
Hobo - for what it's worth I'm flip flopping on this. The fact that you said he's from somewhere else has me thinking you wouldn't have said that if his English was good. I can't imagine a person with broken English being receptive to subtlety, nuance or tact (whichever word is appropriate here). To be honest, I'd just get the cert somewhere else.

You think YOU'RE "flip-flopping!" LOL!

I was very careful about how I described his "ethnicity." I don't want to cast aspurgeons on him just because he is from India. His english is actually VERY good. But, like some on this board, his comprehension might not be up to par. If I had to guess... I'd say he MAY have been born here in America... but... I kinda doubt it.

Point is... I don't believe he (or the superior he consulted with) actually understand (or have thoroughly read) the regs and/or the guidance TO the doctors who perform DOT physicals. I find this hard to believe... but, am faced with overwhelming evidence of it. And... it really has nothing to DO with his language skills. (maybe.)

The section of the physical form where a hernia would be indicated CLEARLY states that it is not a "disqualifier," yet... that was the first words out of his mouth after he confirmed that I HAD a minor one. I said, "WHAT? My last doctor knew of it and gave me a 2 year card!"

He said, "Well... if you KNEW you had one... why didn't you have it fixed?"

I was too stunned to discuss it with him, and read the guidance on the form to him, at the time. I just felt lucky to get a 3 month card and go my way. BIG mistake! [I had not thoroughly read the guidance myself at the time.]

It is much harder to UNDO a wrong after you let it be "done." To go back in there now, and request a consultation with him about his failure to understand HIS JOB.... is very difficult for me.

You ALL know that I am not the most "tactful" person in the world. Telling someone on this board that they are "full of it" is much easier than a face to face confrontation. Not sure I could control my sharp tongue and my disdain for his ignorance.... or "mistake."

Not that things would be WORSE if I failed to be "diplomatic."

One of the major symptoms of A.D.D. is the fear of a worst case outcome. Often, this is NOT the case... yet, that is what paralyzes us.

I thank you ALL for your concern. And I am weighing your advice. But, the struggle is my own and unfortunately, no one can help me with this.

And, unfortunately... the only medication that helps me with this ALSO presents a problem to the DOT. [though, it IS accepted.]

golfhobo 12-17-2012 06:11 PM

Quote:

Originally Posted by N_Solo (Post 520742)
In my opinion, a major difference exists between being an "a-hole who KNOWS he's right" and being assertive and politely saying to the waiter, "Does this steak look medium-well to you? Because it's lookin' medium-rare at best to me." ;)

Thank you for your input N_Solo. And, of course... you are right. Problem is.... I would never return a steak if I could help it... though, I HAVE.

And welcome to CAD.

golfhobo 12-17-2012 06:13 PM

Quote:

Originally Posted by RebelDarlin (Post 521047)
Exactly!!!

Your inference is noted. Thanks for your support... or lack thereof.

DaveP 12-21-2012 09:59 PM

SOMEBODY needs to correct this Dr. His misunderstanding could effect LOTS of CDL holders. If not for yourself, do it for others, Hobo.

He's wrong. You're right. Period.

This past May I had my bi-annual done and ALSO was informed I have a small hernia that I was unaware of. I got a new 2 year card...

LogBook 12-22-2012 06:33 AM

sorry hobo but im gana jump back in here,

"He's wrong. You're right. Period" DaveP

i have to disagree with that statement. think its the doc. jugement call and there for he's alwas right. just like the law...its how one(judge) thinks it reads is how they will use it. something like that you get my point.

golfhobo 12-27-2012 09:32 PM

Okay, thanks everyone for your help. I said no one could help me but myself, but I meant no one could do it FOR me. Anyway... I ended up wussing out on the confrontation, for now. I went to the family doctor today, and he didn't see a problem with it and gave me a 2 year card. Whew!

I may send that other "clinic" a copy of some regs and explain what they did to me, but... not today.

Cost me $150 to correct HIS mistake... but, it's my own fault for putting it off so long that I couldn't get an appointment at the V.A. for the "original" physical re-cert. I'll NEVER learn, I guess!

Anyway... thanks to all for your help and support.

Roadhog 12-27-2012 11:22 PM

I'm seeing bits of my spinal column in my stool lately.
Also been coughing up gall stones.

MichiganDriver 12-27-2012 11:39 PM

Quote:

Originally Posted by Roadhog (Post 521657)
I'm seeing bits of my spinal column in my stool lately.
Also been coughing up gall stones.

When they do a "greatest hits" of Roadhog posts I believe this post will be there as a shining example of what a human being can accomplish.

Personally, I'm glad just to be a part of it. :)

Steve3662 12-28-2012 03:26 AM

Should have done what I did I went to a brand spanking new walk in clinic and they had never done a dot physical before. They just asked me what they were suppose to do. I had to walk them step by step on everything. I guess I could've cheated but I'm pretty healthy for the most part.

Hobo I was surprised too when 371 didn't want my long form. They just wanted a copy of my card.

I also. Think you got ripped off I paid $55 for my physical. I am with you though on my procrastination. My physical was due on the 17th so I got it done on the 17th.

golfhobo 12-28-2012 03:53 AM

Steve said:

Quote:

Should have done what I did I went to a brand spanking new walk in clinic and they had never done a dot physical before. They just asked me what they were suppose to do. I had to walk them step by step on everything. I guess I could've cheated but I'm pretty healthy for the most part.
Well... technically that's against the regs. The docs are supposed to be "familiar" with the regs and requirements of the DOT. Anyway... that will all change in 2014 when they have to be on the "registry." Thing was.... this clinic does hundreds of DOT physicals for dozens of FedEx locations in the area. It never crossed my mind they wouldn't know what they were doing!

Quote:

Hobo I was surprised too when 371 didn't want my long form. They just wanted a copy of my card.
Well... after getting the letter (and being aware of the CDLIS rulemaking) I wasn't really surprised. But, I sure didn't want to give the DMV a copy of that 3-month physical! You know how THEY are. Somewhere down the road.... when someone checked.... they would probably have never updated their files and I'd be OOS.

Where is 371? I know it's not Memphis... but, I can't remember the number for Nashville. Didn't know TN had another full size hub. [You did say TN somewhere, didn't you?]

Quote:

I also think you got ripped off I paid $55 for my physical. I am with you though on my procrastination. My physical was due on the 17th so I got it done on the 17th.
Well, I only paid $57 at the walk-in clinic. My "personal doctor" charged WAY more than I had ever paid for a physical or any kind of visit to him before. Course... I hadn't been to him since 2006. I was kinda shocked at the charge.... but, too glad to have gotten the 2-yr to really care. Couple hundred total for 2 more years of this kind of money ain't nuthin!

But, if I had made an app't with my VA doctor a few months before my original due date.... my co-pay would have been about $15-35. Well, I've got two years to start planning for the next one! I'm sure I won't let it sneak up on me again (not...)

Steve3662 12-28-2012 04:55 AM

Yes 371 is Nashville. It is actually a bigger hub freight wise than Memphis is but Memphis also has olive branch. You can always tell the hub or terminal # by the 1st 3 digits of the zip.

golfhobo 12-28-2012 06:01 AM

Quote:

Originally Posted by Steve3662 (Post 521673)
Yes 371 is Nashville. It is actually a bigger hub freight wise than Memphis is but Memphis also has olive branch. You can always tell the hub or terminal # by the 1st 3 digits of the zip.

For some reason, I was thinking Nashville was 375. I've only been there about 3 or 4 times. I like the people there.

Zip code based, eh? Boy... do I feel stupid! I never KNEW that.

Do you, personally drive? Ever get to 274 (Greensboro) or 282 (charlotte?) Of course, I'm usually only around on Sundays and Mondays.... but, would love to come and meet ya!

Steve3662 12-28-2012 11:19 AM

I drive some. I will drive pretty much the whole time of the so called peak. Then I will fill in for vacations or any other reason a driver might need off or if they are overwhelmed I will get one of our part time drivers to run too. I usually end up running 1-2 days a week mostly buttheads. I don't get to 274 or 282 much. Most of 371s freight going into those two is a solo dandridge butthead. But I like to steer clear of 282 don't feel like rolling any trailers with that construction. If I do have a truck go into 282 they usually send them to that rack room shoes or whatever in gaffney. I operate 9 trucks fixing to be 10 but only run 7-8 trucks and keep 1-2 as a spare in case a truck needs to go into the shop. Once the new truck comes I am pulling an older truck out of FedEx and buying a flatbed and will run flatbed with it. It is fixing to be disqualified from going to California because their EPA laws with the year and its getting up there in miles.

GMAN 12-28-2012 02:14 PM

A friend sent me an article about the dot registry that stated that we may be paying over $200 for our physicals once this is implemented. I hope that isn't true. I don't see why any physician can't read and fill in the blanks on the forms. Doctors will need to purchase new software where all of our medical information is in a huge government database. My former doctor used to do my dot physicals and he used to do the FAA physicals for pilots. He stopped doing them when the government forced doctors to spend thousands of dollars on software in order to be able to do them. My guess is that we will see the same thing with the dot physicals once this is implemented. Just consider it another tax that we will pay.


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