INTENT.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
NOTICE OF INTENT TO RESCIND FINAL ORDER
YOU ARE HEREBY NOTIFIED that on December 7, 1995, 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.
On April 19, 1996, the Commission issued Order No. 26409 denying Mr. Taylor’s Petition for Reconsideration.  That Order stated:
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.
Order No. 26409 at p. 1.
We further stated in that Order that “it is unfortunate that qualified drivers currently are not able to obtain vision waivers from the Federal Highway Administration.”  Id.  We also recognized that the Federal Highway Administration is considering implementing a new program to consider vision waivers in the future.
Subsequent to the issuance of Order No. 26409, we have been informed that the Commission Staff is considering formulating a vision waiver program of its own and, as evidenced by the attached affidavit of Mr. Ron Law, the Administrator of the Commission’s Regulated Carrier Division, may propose such a waiver program to the Commission for approval in the near future.  Rule 326(02) provides:
(02)Rescission, Alteration or Amendment of Final Order on Commission’s Own Motion.  The Commission on its own Motion may propose to rescind, alter or amend any final order.  The Commission will give all interested persons notice of its proposal to rescind, alter or amend the final Order and appropriate opportunity to be heard by evidentiary hearing or written submission.
YOU ARE FURTHER NOTIFIED that based upon the Staff’s efforts to create a vision waiver program, the Commission is inclined to rescind final Order No. 26409 and to grant Mr. Taylor a temporary vision waiver pending the outcome of Staff’s efforts.  This rescission will be issued only after receipt of a written statement by Mr. Taylor’s  physician stating that Taylor is capable of safely operating a commercial motor vehicle.
YOU ARE FURTHER NOTIFIED that, pursuant to Rule 326(02) of the Commission’s Rules of Procedure, all interested persons are hereby given the opportunity to comment on the Commission’s proposed rescission of Order No. 26409.  Such comments shall be submitted to the Commission Secretary on or before May 22, 1997.  Comments should be sent to:
COMMISSION SECRETARY
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO  83720-0074
DATED 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/N:GNR-M-96-1.bp
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