26347.docx

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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE REQUEST OF JEFFERY LYNN HAHN FOR A VISION WAIVER PURSUANT TO MOTOR CARRIER RULE 19, IDAPA 31.61.01.019.
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CASE NO.GNR-M-96-2
ORDER NO.  26347
On January 4, 1996, Mr. Jeffery Lynn Hahn filed a written request that this Commission grant him a vision waiver pursuant to Rule 19 of the Commission’s Motor Carrier Rules.  IDAPA 31.61.01.019  Mr. Hahn desires to commence work as a logging truck operator and seeks a vision waiver in order to obtain a medical card.  
Idaho Code § 61-801(k)(10) states, in part:
(k) Exemptions.  Notwithstanding the definition of “motor carrier” as defined in this section, the following transportation shall be exempt from regulation by and payment of fees to the Commission:
. . . .
(10) Motor carriers transporting products of the forest.
. . . .
F I N D I N G S
The foregoing statute specifically states that this Commission does not have the authority to regulate logging truck operators.  Consequently, we are without subject matter jurisdiction to act upon the request of Mr. Hahn for a vision waiver pursuant to Rule 19 of the Commission’s Motor Carrier Rules.  
O R D E R
IT IS HEREBY ORDERED that, pursuant to Idaho Code § 61-801(k)(10), this Commission is without subject matter jurisdiction to rule upon the request of Jeffery Lynn Hahn for a vision waiver pursuant to Rule 19 of the Commission’s Motor Carrier Rules.  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-96-2 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-96-2.  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-96-2.bp
COMMENTS AND ANNOTATIONS
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Service Date
March 1, 1996