Answer: Yes.

The Federal Motor Carrier Safety Administration (FMCSA) requires a new exam anytime the driver’s medical qualifications change and call into question fitness for duty. This is specified in 391.45(g) when it states a new exam is required if the driver’s ability to perform normal duties has been impaired by a physical or mental injury or disease.

The following guidance to 391.45 from FMCSA gives Shaya permission to seek the new exam and even places an obligation on the motor carrier to only use medically qualified drivers:

• Question 3: Must a driver who is returning from an illness or injury undergo a medical examination even if his current medical certificate has not expired?
• Guidance: The FMCSRs do not require an examination in this case unless the injury or illness has impaired the driver’s ability to perform his/her normal duties. However, the motor carrier may require a driver returning from any illness or injury to take a physical examination. But, in either case, the motor carrier has the obligation to determine if an injury or illness renders the driver medically unqualified.