26409.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.
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CASE NO. GNR-M-96-1
ORDER NO.  26409
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 a commercial motor vehicle operator have at least 20/40 vision in each eye.  The Commission’s Motor Carrier Rule 19, IDAPA 31.61.01.019 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 accordingly 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 filed a timely request for reconsideration of the Order denying his request for a vision waiver.
We noted in our Order denying Mr. Taylor’s request for a waiver that the Commission’s rules only authorize recognition of waivers granted by federal agencies, and do not authorize or provide a means for the Commission to recognize or approve waivers apart from waivers granted by a federal agency.  Thus, the Commission currently has no legal structure or authority by which it can consider and approve vision waivers.  The Federal Highway Administration was challenged when it instituted a vision waiver program, which resulted in termination of the program.  We concluded, therefore, that we must deny Mr. Taylor’s request for a vision waiver.  The legal status of the vision waiver program has not changed since we issued Order No. 26348, and we thus conclude that the request for reconsideration should be denied.
It is unfortunate that qualified drivers currently are not able to obtain vision waivers from the Federal Highway Administration.  The FHWA currently is considering implementing a new program to consider vision standards required to operate commercial vehicles.  Mr. Taylor may by different standards be qualified to safely operate commercial vehicles, and he and other qualified drivers could benefit from an appropriate vision standard program administered by the FHWA.  We note that interested parties can file written comments with the FHWA, Docket No. MC-96-4, in which it is considering new vision standards required to operate commercial vehicles.
O R D E R
IT IS HEREBY ORDERED that the request of Walter Taylor for reconsideration of Commission Order No. 26348 is denied.
THIS IS A FINAL ORDER ON RECONSIDERATION.  Any party aggrieved by this Order or other final or interlocutory Orders previously issued in this Case No. GNR-M-96-1 may appeal to the Supreme Court of Idaho pursuant to the Public Utilities Law and the Idaho Appellate Rules.  See Idaho Code § 61-627.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this                  day of April 1996.

RALPH NELSON, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER
ATTEST:

Myrna J.  Walters
Commission Secretary
vld/O:GNR-M-96-1.ws2
COMMENTS AND ANNOTATIONS
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Service Date
April 19, 1996