The provisions of §§ 391.11(b)(1) and 391.41(b)(1) through (b)(11) do not apply to a person who:
(a)Was otherwise qualified to operate and operated a commercial motor vehicle in a municipality or exempt intracity zone thereof throughout the one-year period ending November 18, 1988;
(b)Meets all the other requirements of this section;
(c)Operates wholly within the exempt intracity zone (as defined in 49 CFR 390.5);
(d)Does not operate a vehicle used in the transportation of hazardous materials in a quantity requiring placarding under regulations issued by the Secretary under 49 U.S.C. chapter 51.; and
(e)Has a medical or physical condition which:
(1)Would have prevented such person from operating a commercial motor vehicle under the Federal Motor Carrier Safety Regulations contained in this subchapter;
(2)Existed on July 1, 1988, or at the time of the first required physical examination after that date; and
(3)The examining physician has determined this condition has not substantially worsened since July 1, 1988, or at the time of the first required physical examination after that date.