26956.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.  26956
On March 1, 1997, the Commission issued Order No. 26348 denying Mr. Walter Taylor’s request for a vision waiver pursuant to the Commission’s Motor Carrier Rules, IDAPA 31.61.01.000.  In that Order, the Commission noted that the vision waiver program previously implemented by the Federal Highway Administration had become subject to a legal challenge and was no longer operative.  At the time of the issuance of Order No 26348, the Commission declined to institute its own vision waiver program and, therefore, denied Mr. Taylor’s request.  
On May 9, 1997, the Commission issued a Notice of Intent to Rescind Final Order.  In that Notice, the Commission noted that the Commission Staff is considering formulating a vision waiver program of its own which it may propose to the Commission for approval in the near future.  Based on that fact, the Commission indicated its intent to rescind final Order No. 26348 and to grant Mr. Taylor a temporary vision waiver pending the outcome of Staff’s efforts and conditioned upon the receipt of a written statement by Mr. Taylor’s eye care specialist that Mr. Taylor is capable of safety operating a commercial motor vehicle.  
The Notice allowed any interested party the opportunity to comment on the Commission’s intent to rescind its final Order.  No comments were received.  Attached to this Order as Exhibit A is a copy of a letter from Mr. Taylor’s eye care specialist stating that Taylor is capable of operating a motor vehicle without impairment.
F I N D I N G S
Based upon the foregoing, we hereby rescind Order No. 26348 and grant Walter Taylor a temporary vision waiver pending the outcome of Staff’s efforts to formulate a vision waiver program.  Mr. Taylor’s waiver is subject, however, to revocation in the event that we ultimately choose not to implement a vision waiver program or, for whatever reason, Mr. Taylor does not qualify for a waiver under any program that we do choose to implement.
O R D E R
IT IS HEREBY ORDERED that, pursuant to Rule 19 of the Commission’s Motor Carrier Rules, IDAPA 31.61.01.019, Order No. 26348, issued on March 1, 1997, is hereby rescinded.
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 May 1997.
                                                                                                                                      DENNIS S. HANSEN, PRESIDENT
                                                                                           RALPH NELSON, COMMISSIONER

MARSHA H. SMITH, COMMISSIONER
ATTEST:

Myrna J. Walters
Commission Secretary
vld/O:GNR-M-96-1.bp
COMMENTS AND ANNOTATIONS
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Service Date
May 28, 1997