961127.docx

DECISION MEMORANDUM
TO:COMMISSIONER NELSON
COMMISSIONER SMITH
COMMISSIONER HANSEN
MYRNA WALTERS
TONYA CLARK
DON HOWELL
RON LAW
GARY RICHARDSON
WORKING FILE
FROM:BRAD PURDY
DATE:NOVEMBER 27, 1996
RE:REQUEST FOR VISION WAIVER FOR BRAD WRIGHT (BFI WASTE SYSTEMS)
On November 18, 1996, Browning-Ferris submitted a request to the Commission seeking a vision waiver for one of its drivers, Mr. Brad Wright, who has had limited vision in his right eye since childhood.  BFI states that Mr. Wright has learned to compensate for his disability and that his record with the Company is excellent.  Wright has worked for BFI since March 24, 1984, and, over the years, has operated many types of vehicles including large commercial trash trucks with a history of safety in the accident and injury areas.  Accompanying BFI’s request is a statement from Wright’s supervisor, Mr. Randy Amidon, who speaks highly of Wright’s skills and contributions to the Company.
Staff Anaylsis
The Commission’s Motor Carrier Rule 19 adopts the federal Motor Carrier Safety Regulations (FMCSR).  FMCSR Rule 391.41 requires a driver to have at least 20/40 vision in each eye.  Mr. Wright has 20/100 vision in his right eye.
In July 1992, the Federal Highway Administration (FHA) commenced a test program to provide vision waivers to drivers with less than perfect vision.  The Advocates for Highway and Auto Safety (Advocates) filed suit against FHA in federal District Court seeking to strike down the waiver program for safety reasons.  In August 1994, the federal court ruled in the Advocate’s favor.  The FHA quit issuing new waivers shortly thereafter although administration of the program continued through March 31, 1996.
Waivers are addressed by ¶ (3) of Motor Carrier Rule 19 which states:
Recognition of Federal Waivers.  Whenever a driver or carrier has applied to a federal agency and been granted a waiver from any requirements of the federal regulations adopted in 01, the federal waiver will also be recognized under these rules.  The Commission will not administer a program to duplicate consideration or approval of federal waivers on the state level.
BFI’s request is similar to that made by Mr. Walter Taylor earlier this year.  Mr. Taylor had vision of 20/100 in one eye.  On March 1, 1996, the Commission issued Order No.26348 rejecting Mr. Taylor’s request for a waiver.  The Commission rules:
As noted, the Commission will recognize waivers of any of the federal regulations adopted in ¶ 01 of Rule 19 by a federal agency.  Because the FHA has terminated its vision waiver program, however, it would be necessary for us to establish our own vision waiver program in order to accommodate Mr. Taylor’s request.  We find that it would not be in the interest of the citizens of this state to attempt to implement and administer a program to waive the safety requirements adopted by the FHA when that agency no longer issues such waivers itself.
Order No.  26348 at p. 2.
Commission Decision
Does the Commission wish to grant BFI’s request for a vision waiver for Mr. Brad Wright?
type name then alt enterBrad Purdy
vld/M:Wright.bp