black_dh.doc

November 4, 1999

Honorable Max C. Black
3731 Buckingham Drive
Boise, ID 83704

RE: CDL Waivers

Dear Representative Black,

Pursuant to our telephone conversation yesterday, I have enclosed for your information several Public Utilities Commission Orders granting or denying waivers from the physical requirements necessary to obtain a commercial driver’s license (CDL). It appears that the federal safety regulations found at 49 C.F.R. § 391.41(b)(3) does provide that a driver is not qualified to obtain a CDL if he/she has a medical “diagnosis of diabetes mellitus currently requiring insulin for control.”

As is evident in the enclosed Orders, the Commission occasionally granted vision waivers under a program set up by the Federal Highway Administration (FHA). Under the Commission’s Motor Carrier Rule 19 (now repealed) the Commission did not so much as “grant” vision waivers but only “recognized” vision waivers that were issued by FHA. I suspect that the Idaho Department of Law Enforcement might be able to advise you whether the FHA or the U.S. Department of Transportation have reinstituted a waiver program and whether such a program might be applicable to your inquiry.

I hope you find this information helpful.

Sincerely,

Donald L. Howell, II
Deputy Attorney General

Enclosures

cc: Commissioners
Ron Law
Terry Coffin, OAG