26348.docx

(text box: 1)BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE REQUEST OF WALTER TAYLOR FOR A VISION WAIVER PURSUANT TO MOTOR CARRIER RULE 19, IDAPA 31.61.01.019.
)
)
)
)
)
CASE NO.GNR-M-96-1
ORDER NO.  26348
On December 5, 1996, the Idaho Department of Transportation referred to Staff a letter it received from Mr. Walter Taylor requesting that the Commission issue an Order waiving the requirement, pursuant to the Commission’s Motor Carrier Rule 19, IDAPA 31.61.01.19, that commercial operators have at least 20/40 vision in each eye.  Mr. Taylor was unable to pass a Department of Transportation physical because his left eye is corrected to 20/100.
The Commission’s 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.  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 the FHA in Federal District Court seeking to strike down the waiver program for safety reasons.  In August 1994, the Federal Court ruled in the Advocates’ favor.  The FHA quit issuing new vision waivers shortly thereafter, although administration of the program will continue through March 31, 1996.
Waivers are addressed by paragraph 3 of the Commission’s 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 of the requirements of the federal regulations adopted in paragraph 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.
F I N D I N G S
Because the FHA has terminated its vision waiver program, Mr. Taylor cannot obtain a federal waiver.  The question, therefore, is whether we should grant Mr. Taylor a waiver to enable him to engage in intrastate motor carrier business. As noted, the Commission will recognize waivers of any of the federal regulations adopted in paragraph 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.
We find, therefore, that the Application of Walter Taylor for a vision waiver pursuant to Rule 19 of the Commission’s Motor Carrier Rules is hereby denied.
O R D E R
IT IS HEREBY ORDERED that the request of Walter Taylor for a vision waiver pursuant to Rule 19 of the Commission’s Motor Carrier Rules is denied.  IDAPA 31.61.01.019.
THIS IS A FINAL ORDER.  Any person interested in this Order (or in issues finally decided by this Order) or in interlocutory Orders previously issued in this Case No. GNR-M-96-1 may petition for reconsideration within twenty-one (21) days of the service date of this Order with regard to any matter decided in this Order or in interlocutory Orders previously issued in this Case No. GNR-M-96-1.  Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration.  See Idaho Code § 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this                  day of March 1996.

RALPH NELSON, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER
ATTEST:

Myrna J. Walters
Commission Secretary
vld/O:GNR-M-96-1.bp
COMMENTS AND ANNOTATIONS
Text Box 1:
TEXT BOXES
Office of the Secretary
Service Date
March 1, 1996