960415.docx

DECISION MEMORANDUM
TO:COMMISSIONER NELSON
COMMISSIONER SMITH
COMMISSIONER HANSEN
MYRNA WALTERS
TONYA CLARK
DON HOWELL
STEPHANIE MILLER
DAVID SCHUNKE
RON LAW
GARY RICHARDSON
WORKING FILE
FROM:WELDON STUTZMAN
DATE:APRIL 15, 1996
RE:CASE NO. GNR-M-96-1
WALTER TAYLOR VISION WAIVER,
PETITION FOR RECONSIDERATION
On December 5, 1996, the Commission received a request from Mr. Walter Taylor that the Commission issue an Order granting him a waiver from the requirement that commercial motor vehicle operators have at least 20/40 vision in each eye.  The Commission’s Motor Carrier Rule 19, IDAPA 31.61.01.19 authorizes the Commission to recognize such a waiver if granted by the Federal Department of Transportation.  Motor Carrier Rule 19 adopts the Federal Motor Carrier Safety Regulations (FMCSR).  FMCSR Rule 391.41 requires drivers to have at least 20/40 vision in each eye.  The Federal Highway Administration previously implemented a vision waiver program, but it was the subject of a legal challenge and as a result was terminated as of March 31, 1996.  On March 1, 1996, the Commission issued Order No. 26348 denying Mr. Taylor’s request for a vision waiver.  Mr. Taylor timely filed a request for reconsideration of the Order denying his request for a vision waiver.
The Commission’s rules authorize recognition of waivers granted by federal agencies, but do not authorize or provide a means for the Commission to recognize or approve waivers apart from waivers granted by a federal agency.  The Commission currently has no legal structure or authority by which it can consider and approve vision waivers, and thus denied Mr. Taylor’s request for a vision waiver.  The legal status of the vision waiver program has not changed since the Commission issued Order No. 26348.
The materials provided by Mr. Taylor in his petition for reconsideration are resume materials demonstrating that Mr. Taylor has received numerous training certificates and awards during his career as a master mechanic for heavy equipment.  Staff believes it is entirely possible that Mr. Taylor could safely operate commercial vehicles and that it is unfortunate no standards currently exist to grant vision waivers to qualified drivers.  The Federal Highway Administration is considering development of a program to implement new vision standards for commercial vehicle operators.  However, because no such program currently exists, Staff does not recommend granting Mr. Taylor’s petition for reconsideration.
Commission Decision
Should the Commission grant the petition for reconsideration and reconsider Mr. Taylor’s request for a vision waiver?

Weldon B. Stutzman
bls/M-gnrm961.ws