26708.docx

(text box: 1)BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE REQUEST OF BFI WASTE SYSTEMS, ON BEHALF OF BRAD WRIGHT, FOR A VISION WAIVER PURSUANT TO MOTOR CARRIER RULE 19, IDAPA 31.61.01.019.
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CASE NO. GNR-M-96-5
ORDER NO.  26708
On November 18, 1996, Browning-Ferris Waste Industries, Inc. (BFI) submitted a request to the Commission seeking a vision waiver for one of its drivers, Mr. Brad Wright, who has had limited vision in his right eye since childhood.  The Commission’s Motor Carrier Rule 19 adopts the Federal Motor Carrier Safety Regulations (FMCSR).  FMCSR Rule 391.41 requires a driver to have at least 20/40 vision in each eye.  Mr. Wright has 20/100 vision in his right eye.
BFI states that Mr. Wright has learned to compensate for his disability and that his driving record with the Company is excellent.  Wright has worked for BFI since March 24, 1984, and, over the years, has apparently operated many types of vehicles including large commercial trash trucks with a history of safety in the accident and injury areas.
In July 1992, the Federal Highway Administration (FHA) commenced a test program to provide vision waivers to drivers with limited vision.  The Advocates for Highway and Auto Safety (Advocates) filed suit against 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 waivers shortly thereafter although administration of the program continued 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 requirements of the federal regulations adopted in 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.
BFI’s request is similar to that made by Mr. Walter Taylor earlier this year.  Mr. Taylor had vision of 20/100 in one eye.  On March 1, 1996, the Commission issued Order No. 26348 rejecting Mr. Taylor’s request for a waiver.  The Commission ruled:
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.
Order No. 26348 at page 2.
F I N D I N G S
Because the FHA has terminated its vision waiver program, Mr. Wright cannot obtain a federal waiver.  This Commission does not have in effect a waiver program of its own.  The question, therefore, is whether we should create such a program in order to allow Mr. Wright and other drivers with limited vision to engage in the motor carrier business.  While Mr. Wright may be an experienced and capable driver, we find that it would not be in the interest of the citizens of this state 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 BFI on behalf of Brad Wright 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 BFI on behalf of Brad Wright for a vision waiver pursuant to Rule 19 of the Commission’s Motor Carrier Rules, IDAPA 31.61.01.019, is denied.
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-96-5 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-96-5.  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 December 1996.
                                                                                                                                      RALPH NELSON, PRESIDENT
                                                                                           MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER
ATTEST:

Myrna J. Walters
Commission Secretary
vld/N:GNR-M-96-5.bp
COMMENTS AND ANNOTATIONS
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Service Date
December 6, 1996