[Federal Register Volume 59, Number 193 (Thursday, October 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24802]
[[Page Unknown]]
[Federal Register: October 6, 1994]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
49 CFR Part 391
[FHWA Docket No. MC-91-1]
Qualification Of Drivers; Vision Deficiencies; Waivers
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of Determination; request for comments.
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SUMMARY: The FHWA announces a Determination which will extend, for
thirty days, waivers issued to certain vision-impaired drivers as part
of a study instituted in July, 1992. The purpose of the study is to
gather information and data to determine whether there should be a
change in the current vision standards for operators of commercial
motor vehicles (CMVs) in interstate commerce, or provision for
individualized waivers. This action is directed solely at those drivers
who had been granted temporary waivers to participate in the previously
authorized vision waiver study, who numbered 2,411 as of September 30,
1994. This Notice also proposes to revalidate the waivers, allowing the
aforementioned drivers to continue to participate in the study until
its conclusion, which will occur on or before March 31, 1996. This
revalidation would be based upon the Determination made in this
document. This action follows, and is consistent with, the decision of
the U.S. Court of Appeals for the D.C. Circuit in the case captioned
Advocates for Highway and Auto Safety v. Federal Highway
Administration, 28 F.3d 1288, D.C. Cir. 1994, which vacated the rule
authorizing the temporary waivers and remanded the matter to the agency
for further action not inconsistent with the Court's ruling.
DATES: Comments must be received on or before October 21, 1994.
ADDRESSES: Submit written, signed comments to FHWA Docket No. MC-91-1,
Room 4232, HCC-10, Office of the Chief Counsel, Federal Highway
Administration, 400 Seventh Street, SW., Washington, DC 20590. All
comments received will be available for examination at the above
address from 8:30 a.m. to 3:30 p.m., e.t., Monday through Friday,
except Federal holidays. Those desiring notification of receipt of
comments must include a self-addressed, stamped postcard.
FOR FURTHER INFORMATION CONTACT: The FHWA has established a special
telephone number to receive inquiries regarding this notice. The number
is 1-800-832-5660. Office hours are from 7:45 a.m. to 4:15 p.m., e.t.,
Monday through Friday, except legal Federal holidays. No Further Waiver
Applications Are Required To Be Submitted, Nor Will Any New Waiver
Applications For Participation In This Study Be Considered As A Result
Of This Action.
SUPPLEMENTARY INFORMATION: Section 206(f) of the Motor Carrier Safety
Act of 1984, (MCSA) Pub. L. No. 98-554, 98 Stat. 2832 (codified at 49
U.S.C. 31136(e), formerly 49 U.S.C. app. 2505(f)) allows the Secretary
of Transportation to grant waivers from the Federal Motor Carrier
Safety Regulations only after a determination that such waivers are not
contrary to the public interest and are consistent with the safe
operation of CMVs. Historically, except for a limb-handicap waiver
program established in 1979 (49 CFR 391.49), the agency had granted no
individual waivers to drivers who did not meet the physical
qualification requirements set forth at 49 CFR 391.41.
Current Vision Standard
The current Federal vision standard for CMV drivers requires:
Distant visual acuity of at least 20/40 (Snellen) in each eye
without corrective lenses or visual acuity separately corrected to
20/40 (Snellen) or better with corrective lenses, distant binocular
acuity of at least 20/40 (Snellen) in both eyes with or without
corrective lenses, field of vision of at least 70 degrees in the
horizontal meridian in each eye, and the ability to recognize the
colors of traffic signals and devices showing standard red, green,
and amber.
49 CFR 391.41(b)(10).
This standard has been applied absolutely in the sense that any
individual who does not meet the standard is determined to be
physically unqualified to drive a CMV in interstate commerce without
further consideration of individual ability. Public policy enunciated
in the Rehabilitation Act of 1973 (Pub. L. 93-112, 87 Stat. 355, as
amended) and the Americans with Disabilities Act of 1991 (Pub. L. 101-
336, 104 Stat. 327, as amended) indicates that a preferable standard
would allow drivers to demonstrate their individual ability to drive
safely, in spite of their vision deficiency. However, because no
practical means of testing the ability of an individual with various
vision deficiencies to safely operate a CMV were known to exist, except
actual driving experience, the agency could not grant waivers and be
certain that such waivers were ``consistent with the safe operation of
commercial motor vehicles'' as required by the MCSA. The FHWA
determined that a group of drivers did exist who, although they did not
meet the standard, had already demonstrated their ability to drive
safely. These drivers were either operating in intrastate commerce and
subject to a less stringent State vision standard, or were operating,
unwittingly or otherwise, in contravention of the existing interstate
standard. Adoption of the Federal standard by many States, along with
stepped-up enforcement at both the State and Federal levels, exposed
these drivers to disqualification determinations. This was not
inadvertent, however. Laws enacted over the past ten years have
effectively increased resources dedicated to the enforcement of the
Federal safety regulations or compatible State regulations by a factor
of ten. Congress has insisted on uniform standards consistent with
Federal regulations issued pursuant to the MCSA of 1984, and has
authorized programs to encourage states to adopt those standards.
Moreover, Federal regulations implementing the Commercial Motor Vehicle
Safety Act of 1986 and its commercial driver's license provisions, have
further helped detect drivers operating in interstate commerce who did
not meet the Federal physical qualification requirements. Because of
these efforts, more than 5,000 unqualified drivers have been identified
and removed from interstate driving positions. That is, in fact, the
intent of establishing minimum Federal standards and insuring they are
enforced.
Vision Waiver Study
At the same time that these enforcement efforts were increasing,
heightened awareness of the rights of disabled individuals, and the
fact that some of the physical qualification standards were absolute in
that they permitted no demonstration of ability notwithstanding the
physical deficit, caused the FHWA to reexamine its vision standard.
Several research studies, although acknowledging that visual capacity
was an essential element of safe commercial vehicle operation, had
failed to fully resolve the issue of what level of visual capacity
would be required to assure safety. The FHWA decided to conduct a
further study in an attempt to gather essential information that would
lead to an improved standard. The difficulties with some of the
previous studies included insufficient subjects and the absence of
exposure data. The FHWA believed these difficulties could be overcome,
in part, by using as subjects drivers who, although they did not meet
the Federal vision standards, had been safely operating CMVs for some
time and were now, for the reasons mentioned above, becoming more
readily identifiable.
The FHWA announced its vision waiver study in a Notice of Intent to
accept applications for waivers on March 25, 1992, (57 FR 10295). The
intent of the proposed program was to obtain valuable information on
the relationship between visual capacity and the ability to operate a
CMV safely. This vision waiver study was initiated as part of an
overall regulatory review of the medical qualification standards
applicable to interstate CMV drivers. It was also responsive to several
Congressional Committee reports accompanying the Americans With
Disabilities Act directing the Secretary within two years to
``undertake a thorough review of (the driver qualification) regulations
to ascertain whether the standards conform with current knowledge * * *
and whether such regulations are valid under this Act.'' (42 U.S.C.
12101, Pub. L. 101-336, 104 Stat. 327). (See H. Rep. 596, 101st Cong.,
2d Sess. 60-61 (1990) (conference report); H. Rep. 485, Part 2, 101st
Cong., 2d Sess. 57 (1990) (House Committee on Education and Labor); H.
Rep. 458, Part 3, 101st. Cong., 2d Sess. 34 (1990) (House Committee on
the Judiciary); S. Rep. 116, 101st Cong., 1st Sess. 27-28 (1989)
(Senate Committee on Labor and Human Resources).
A further notice with request for comments was published on June 3,
1992, (57 FR 23370), and a notice of final disposition was published on
July 16, 1992, (57 FR 31458). The period during which applications for
participation in this waiver program would be considered expired on
December 31, 1992, after having been extended from September 21, 1992
(57 FR 45002, September 30, 1992). Over 3,700 applications were
received.
To assure consistency with safety, the FHWA set minimum
requirements which a driver would have to meet before being considered
eligible for a waiver. These included visual acuity of at least 20/40
(Snellen) in the better eye, three years driving experience with the
vision deficiency, a safe driving record for that period, and a report
on the condition of the applicant's vision from an ophthalmologist or
optometrist, including an opinion as to the driver's ability to operate
a CMV safely with the condition. A safe driving record was defined as
the absence of chargeable accidents, no convictions for serious traffic
offenses, and no more than two convictions for other moving violations.
The agency based its requirement that drivers participating in the
study have a three-year safe driving history with their vision
impairment upon studies (discussed more fully in ``Rationale for the
Determination'') indicating that past experience can be used to predict
future performance, especially when combined with other predictive
factors such as geographic location, mileage driven, and conviction
history. The agency also relied upon opinions from the medical
community that individuals with vision impairments are often able to
compensate for that impairment over a period of time. Because of the
discrepancy as to how much time is necessary to allow an individual to
compensate for an impairment (which generally ranged from several
months to a full year), the agency's choice of three years provided
added assurance that drivers would have had sufficient time to develop
compensatory behavior. It was also the longest period for which driver
histories were uniformly available from State motor vehicle departments
(MVD).
Court Decision
The Advocates for Highway and Auto Safety (Advocates) filed suit in
the United States Court of Appeals for the D.C. Circuit, requesting a
review of the FHWA's notice of final disposition granting waivers to
individuals who otherwise did not meet the Federal vision standard
required for the qualification of CMV drivers in interstate commerce.
The Advocates asserted that the waiver program was in violation of the
Administrative Procedures Act (5 U.S.C. 553) because the rule
implementing the program was not issued with opportunity for meaningful
comment and was otherwise arbitrary, capricious, or not in accordance
with law.
A three-judge panel for the D.C. Circuit issued its opinion in the
case on August 2, 1994. The Court found that the FHWA's notices of the
program did provide for meaningful comment and that the comments
received were given consideration. The Court also held that the FHWA's
approach, given the apparently conflicting demands, was reasonable, and
therefore not arbitrary and capricious. The Court observed, however,
that the FHWA ``initiated a program to issue temporary waivers to
visually impaired drivers in order to procure the hard evidence needed
to determine the effect of visual deficiencies on safety. Yet, before
it may grant a waiver, the Safety Act required the agency to determine
that such waiver * * * is consistent with the safe operation of
commercial motor vehicles.'' 28 F.3d at 1294. The Court found that the
agency's ``determination that the waiver program will not adversely
affect the safe operation of CMVs is devoid of empirical support in the
record,'' 28 F.3d at 1294, and that ``the FHWA has failed to meet the
exacting requirements of section 2505(f) (now 49 U.S.C. 31136(e)).'' 28
F.3d at 1294. Consequently, the Court concluded that the FHWA's
adoption of the waiver program was contrary to law, and vacated and
remanded the rule to the agency.
Rationale for the Determination
This notice of determination is issued in response to the Court's
remand. The FHWA has analyzed the Court's decision and its effect on
the vision waiver study, and has evaluated evidence that was not before
the Court, including considerable data gathered through the vision
waiver study during its two years of operation. As of September 30,
1994, there were 2,411 individuals participating in the vision waiver
study. Unless the agency acts on the D.C. Circuit Court's remand, the
waivers, without which most of these drivers would not be qualified,
would have to be rescinded immediately because the decision of the
Court, when mandated, will invalidate the existing rule authorizing the
waivers.
Generally, a truck driver's ability to operate is demonstrated by
possession of a currently valid commercial driver's license or other
authorized license, and based upon other safety-related information
pertaining to the type of vehicle to be operated. A commercial driver's
license or other authorized license is issued after subjecting the
driver to knowledge and performance tests usually administered in the
course of a few hours. Some employers may add a performance test, or a
safe driving probationary period before permanent employment. How
safely the driver may operate thereafter is based on compliance with
traffic laws and regulations and involvement in accidents.
The drivers accepted for the waiver study had to meet the licensing
requirement of their States and any employer-mandated prerequisites, in
addition to demonstrating beforehand a safe driving record for three
years as required by the Vision Waiver Program.
By allowing these drivers to continue to drive under a waiver
program, i.e., in effect, grandfathering them, the FHWA placed itself
in the position of receiving information on the relationship between
visual capacity and the ability to operate a CMV safely. Because they
did not meet existing vision standards, these drivers could not be
allowed to operate in interstate commerce, unless they obtained
waivers. The Court acknowledged that ``this approach may be entirely
reasonable,'' but it found that the FHWA lacked data to support the
conclusion that the conditions it imposed on the granting of waivers
assured consistency with the safe operation of CMVs.
In order to revalidate the waivers, and to remain consistent with
the Court's remand, the FHWA is relying upon several research studies
demonstrating the effectiveness of methods to ascertain the probability
of an individual experiencing accidents in the future based on accident
history. The first major effort in this area was done in England by
Greenwood and Yule in 1920. Subsequent studies, building on that model,
concluded that accident rates for the same individual exposed to
certain risks for two different time periods vary only slightly. (See
Bates and Neyman, University of California Publications in Statistics,
April 1952.) Other studies demonstrated theories of predicting accident
proneness from accident history coupled with other factors. These
factors, such as age, sex, geographic location, mileage driven and
conviction history, are used every day by insurance companies and motor
vehicle bureaus to predict the probability of an individual
experiencing future accidents. (See Weber, Donald C., ``Accident Rate
Potential: An Application of Multiple Regression Analysis of a Poisson
Process,'' Journal of American Statistical Association, June, 1971). A
1964 California Driver Record Study prepared by the California
Department of Motor Vehicles concluded that the best overall accident
predictor for both concurrent and nonconcurrent events is the number of
single convictions. This California study used three consecutive years
of data, comparing the experience of drivers in the first two years
with the experience of those same drivers the final year. Copies of the
several studies relied upon here have been added to the docket.
Based upon the studies and practices noted above, the FHWA has
determined that three years safe driving experience with the vision
deficiency not only allowed for sufficient adjustment by drivers to the
condition, but also provided for the longest period of experience for
which records were uniformly available from which to predict future
performance. As noted above, the California study was limited to a two-
year base period because, like many jurisdictions, the accumulation of
accurate driver histories does not exceed three years. The use of a
three-year base period improves the predictability of the future period
because the longer the period, the more likely the elimination of
random anomalies. (See Bates and Neyman, University of California
Publications in Statistics, April 1952.) Therefore, the FHWA believes
it has required and applied a sufficiently long period of safe driving
to project continued safe driving over a future period of the same
duration.
The FHWA accepted only those drivers with no chargeable accidents
for the three-year period of most recent driving experience. This
translated into no chargeable accidents, as verified through motor
vehicle records, in approximately 300 million vehicle miles travelled
(VMT), as reported by the applicants. Although the FHWA certainly could
not conclude that this rate would remain at zero, some of the studies
noted above concluded that the correlation between the accident
experience of the same individual over two different time periods was
strongest when the rate of accidents was lowest. Moreover, the FHWA is
confident that the chargeable accident rate of the general commercial
driving population over three years could not be less than 0. In fact,
the chargeable accident rate for the year 1991, the year prior to the
inception of the vision study, for the general truck driving population
was 0.46 per 1 million vmt.
If the waived drivers were not permitted to continue to drive, they
would have to be replaced by other drivers. These ``replacement''
drivers come from the general commercial driving population, which
includes new, inexperienced commercial drivers. The FHWA has
established that the chargeable accident rate for the general
commercial driving population for the year 1992 well exceeds that of
the drivers participating in the vision waiver program. Information
about the past performance of new, inexperienced commercial drivers,
many of whom are younger in age, does not exist. Studies have shown,
however, that younger drivers of passenger vehicles produce the highest
accident rates. Consequently, the agency required a three-year
experience factor for applicants to the waiver program as a means of
eliminating a similar risk posed by inexperienced commercial drivers.
See Wyckoff, D. Truck Drivers in America, D.C. Heath & Co., Lexington,
Mass. 1979.
The good driving record demonstrated by the waiver applicants not
only required the absence of chargeable accidents over a three-year
period, but also the absence of serious traffic violations and no more
than two minor traffic violations. According to the California Driver
Record Study mentioned above, this is the best predictor of future safe
driving.
The requirement of three years safe driving experience with the
vision deficit severely limited participation by the highest accident-
risk age group. Each driver's application was individually examined,
any missing information was required to be furnished, and each driver
was measured against the waiver standards to assure that all the
conditions were met, i.e., individualized determinations were made on
the basis of complete data submitted by each applicant, to determine
eligibility for participation in the waiver program.
The FHWA now has new, significant data, which had also not been
considered by the Court in reaching its decision, to support its
present determination. The vision waiver study has now been in effect
since July 1992, and has collected driver safety and performance data
periodically for approximately two years. Individuals driving pursuant
to waivers are required to submit reports of vehicle miles travelled
monthly. They are also required to report any citation for a moving
violation involving a CMV and the judicial or administrative
disposition of such charge, and, within 15 days of occurrence, any
accident involvement whatsoever while operating a CMV. All accident
information is verified periodically through each driver's State motor
vehicle record (MVR) by the FHWA's contractor, Conwal, Inc. of Falls
Church, Virginia. Participants in the waiver program also submitted,
prior to their acceptance, detailed information of their individual
vital statistics, employment history, current status of driving
privilege as recorded on the licensing State's MVR and the license
status for the past three years, and expert medical opinion by an
ophthalmologist or optometrist as to current visual acuity and its
effect on his or her ability to perform the driving task safely.
Participating drivers are required to submit annual reports from an
ophthalmologist or optometrist attesting to the present condition of
their vision. Any loss of vision bringing them below the waiver
standard of 20/40 in the better eye results in immediate discharge from
the program.
Drivers participating in the program are subject to revocation of
their waiver for failure to meet certain reporting requirements or if
the vision in their better eye falls below the required standard. The
agency strictly holds waived drivers to these requirements and
standards. As of September 30, 1994, a total of 201 drivers have had
their waivers revoked. Of that number, 21 drivers were revoked for
failing to submit an annual medical exam. The remaining 180 drivers
were revoked for failing to submit monthly driving reports on time. No
drivers have had their waivers revoked for decreasing visual acuity;
however, two drivers have voluntarily withdrawn from the program on
this basis.
Based upon statistical analysis of this information conducted by
the contractor, the agency can conclude that the driving performance of
individuals participating in the vision waiver program is better than
the driving performance of all CMV drivers collectively, based on data
obtained from the General Estimates Service (GES). The GES is a
national survey conducted by the National Highway Traffic Safety
Administration, and was selected for use as the best measure of the
prevailing national norm relative to large truck accidents.
The Third Interim Monitoring Report, prepared by the contractor
responsible for FHWA's vision waiver program, dated June 27, 1994,
reported on the cumulative driving performance of those individuals
participating in the waiver group between July 1992 and February 1994.
During that period, a total of 211 accidents were reported and a total
of 136.4 million VMT had been recorded. The number of accidents in this
period divided by the VMT give an accident rate of 1.547 accidents per
million VMT. The national accident rate for large truck accidents, as
reported by the GES for the year 1992, is 2.531 accidents per million
VMT. A copy of this report is contained in the docket.
The reports submitted by the drivers are independently verified
through periodic records checks with State MVDs. While drivers in the
study are required to report all accident involvement, the State MVDs
only record accidents warranting reports under existing State
requirements. Similarly, the GES data only contain accidents recorded
by State MVDs. Therefore, the drivers in the waiver study are held
accountable for more accidents than those included in GES statistics.
The FHWA's contractor, which is performing the data collection, the
statistical analysis and preparation of the interim reports, was
subjected to a peer review of its procedures and methodology, a summary
of which is included in the docket. A Fourth Interim Report is in
preparation at this time, and covers cumulative activities and mileage
through June 30, 1994. A review of the data indicates that the
performance of the study group remains relatively unchanged, as the
accident rate is only slightly higher than previously reported, i.e.
1.636 accidents per one million VMT. The completed report will be
placed in the docket along with all preceding Interim Reports.
FHWA's Determination
Statistical studies mentioned above support the proposition that
accident-free performance coupled with low numbers of traffic
violations over a three-year period is a reliable predictor of
continued safe performance over a similar period in the future. As a
condition of admission into the waiver program, each applicant had to
demonstrate a three-year period of safe driving performance prior to
being admitted into the study group. The performance data obtained from
the waived drivers since the study began confirms the FHWA's
determination that the continued operation of the waived group, as
provided for in this notice, will not diminish safety. The data also
show that this class of drivers performed and is performing more safely
than the pool of drivers from which its replacements would have to be
drawn, that is, the general driving population. Accordingly, the FHWA
has determined that to revalidate waivers, as stated in this notice,
for drivers in the class of drivers defined by the study and operating
under the conditions of the study is consistent with the safe operation
of CMVs.
This evidence, examined in conjunction with the previously
available medical and scientific evidence, and detailed driving records
provided prior to acceptance into the waiver program and periodically
thereafter by each individual participating in the waiver group,
clearly indicates that the continued operation of CMVs by the group of
drivers currently participating in the waiver program will not
adversely affect CMV safety.
The FHWA has also determined that to conduct the waiver study
program under the conditions prescribed herein is consistent with the
public interest of assuring the physical condition of operators of CMVs
is adequate to enable them to operate the vehicles safely and of
providing opportunities for drivers with real or perceived visual
disabilities to demonstrate their ability to drive safely and continue
in their chosen field of occupation.
Finally, the FHWA believes that the information contained in this
notice provides a sufficient degree of empirical evidence to satisfy
the safety requirement mandated by both the MCSA and the D.C. Circuit
Court.
Revalidation of Waivers and Request for Comments
In view of the above, the agency is revalidating the vision waivers
possessed by drivers as of September 30, 1994, for thirty days from the
date of this notice.
The FHWA is also proposing that this evidence is sufficient to
allow those drivers currently participating in the vision waiver study
(2,411 as of September 30, 1994) to continue operating CMVs with
waivers, subject to the same standards and conditions applicable to the
original waivers, for the duration of the study, which shall conclude
not later than March 31, 1996. By that date, approximately 93 percent
of the drivers presently participating in the study will have completed
at least three years driving in the study program.
The FHWA is requesting comments on this proposal. A short comment
period is necessitated by the precarious position in which the drivers
participating in the study, as well as the FHWA, are placed by virtue
of the Court's decision. If this determination is delayed, individuals
who have received a waiver from the application of certain regulations
will immediately be subject to irreparable harm in the form of job loss
and financial hardship. Moreover, if the agency allows the waiver
program to continue without presenting a reasoned analysis and
justification, it could be found to be acting contrary to the order of
the Court. Finally, this additional period of 15 days for comments will
allow for the submission of persuasive reasons why the FHWA should not
complete its study by revalidating waivers to the study participants
subject to the same standards or conditions.
Public Hearing on the Vision Standard and Waiver Program
Due to the strong public interest surrounding this matter, the FHWA
will conduct a public hearing within six months of the date of this
notice of determination to explore the remaining issues surrounding the
vision standard and the vision waiver program. Examples of issues to be
addressed at the public hearing include:
(1) The relationship of visual capacity to the commercial driving
task;
(2) Identification of research and data helpful in defining the
vision standard;
(3) What additional research is needed to help the FHWA define its
vision standard;
(4) Upon conclusion of the Vision Waiver Program, what should be
the driving status of waived drivers, assuming continued safe driving
performance.
The FHWA is eager to gain a broader perspective of the public's
viewpoint concerning other studies, data and experiences which will
enhance the agency's knowledge on the subject. The FHWA is also
interested in sharing its data with other researchers and modes which
may undertake useful analysis and initiate studies leading to more
enlightened approaches to establishing future physical qualification
standards, standards that are both necessary and valid to increasing
opportunities in the truck-driving profession while ensuring that
society's high expectations of CMV safety are realized. Notice of the
hearing will be published in the Federal Register and will contain
further questions to which the agency seeks responses, as well as
directions on how to obtain information about the data collected during
the vision waiver study.
Conclusion
The FHWA will publish, within 30 days of the date of publication of
this notice, its determination regarding the continuation of the vision
waiver program through the proposed March 31, 1996 deadline. This
determination will be based upon comments received in response to this
notice, as well as all empirical evidence gathered to date.
If the FHWA determines, based upon comments and related
information, not to extend the program to such date, the agency will
publish its rationale for such determination and the date upon which
waived drivers may no longer operate in interstate commerce.
Additionally, waived drivers will be notified directly of the agency's
decision to terminate the program.
If the FHWA determines, based upon comments and related
information, that the waiver program may continue until March 31, 1996,
the agency will also publish that determination as well in the Federal
Register.
Appendix--The Vision Waiver Standards and Conditions
The vision waiver application procedure, standards and conditions
are being reproduced here for informational purposes only. The agency
is not accepting applications for vision waivers at this time.
Applicants for a waiver from the vision qualification requirement
were required to submit their applications on plain paper (there is no
application form), include all supporting documents, and use the format
set forth below. Each information item must have been completed by an
appropriate answer or marked ``None'', or ``NA'' if not applicable.
Vital Statistics
Name of applicant (first name, middle initial, last name);
Address (street number and name);
City, State, and Zip Code;
Telephone Number (area code and number);
Sex (male or female);
Date of Birth (month, day, and year);
Age;
Social Security Number;
State Driver's License Number (List all licenses held during the three-
year period either immediately preceding the date of application, or
the three-year period immediately preceding the date you last held a
license (after April 1, 1990) to operate a CMV.);
Issuing State;
Driver's License Expiration Date; and
Driver's License Classification Code (If not a CDL classification code,
specify what vehicles may be operated under such code).
Experience
Note: List separately the number of years and the number of
miles driving for each type of vehicle specified below. If you have
no experience in a particular type of vehicle, indicate with ``0''
or ``None.''
Total number of years driving a commercial motor vehicle;
Number of years driving straight trucks;
Approximate number of miles driving straight trucks;
Number of years driving tractor/trailer combinations;
Approximate number of miles driving tractor/trailer combinations;
Number of years driving buses; and
Approximate number of miles driving buses.
Anticipated Operations After Waiver is Issued
Your employer's/prospective employer's name, address, and telephone
number;
The type of vehicle you will operate (straight truck, tractor/trailer
combination, bus);
The commodities that will be transported (e.g., general freight,
liquids in bulk (in cargo tanks), steel, dry bulk, large heavy
machinery, refrigerated products);
The States in which you will drive;
The estimated number of miles you will drive per year;
The estimated number of daylight driving hours per week; and
The estimated number of nighttime driving hours per week;
Experience Factor
An applicant must have accumulated at least three years of
experience operating a CMV on a regular basis. If the applicant does
not currently hold a commercial license, that experience must have been
accumulated during the three years that the applicant most recently
held a commercial license after April 1, 1990.
Note: To qualify for a waiver, an applicant must have been
vision-impaired during the period from the date of the application
back through the date the documented cumulative three-years of
driving experience began.
Supporting Documents
The application must include supporting documents for each of the
four areas listed below:
(1) You must submit one of the following:
(a) A legible photostatic copy of both sides of the commercial
driver's license (CDL) you now possess; or
(b) A legible photostatic copy of both sides of the driver's
license (non-CDL) you now possess; or
(c) A legible photostatic copy of both sides of the driver's
license you last possessed to operate a CMV after April 1, 1990; or
(d) A certification from the State licensing agency showing the
type and effective dates of your last license;
(2) That you have operated a CMV for the three-year period
immediately preceding:
(a) The date of the application, if you are currently licensed to
drive a CMV; or
(b) The date (after April 1, 1990) you last held a valid license to
operate a CMV by submitting the following:
(i) A signed statement from all your present and/or past
employer(s) on company letterhead. If letterhead is unavailable, you
must obtain a notarized statement from the employer(s). In the event
your previous employer(s) are no longer in business, or you were
operating as an independent motor carrier, submit a notarized
statement, signed by you;
(ii) Information in the statements must indicate if your job was
driving a CMV; the type of vehicles you operated; whether it was full-
time or part-time employment (part-time employment must be explained in
detail); and the dates (month and year) you started and stopped driving
a CMV;
(3) A State-issued motor vehicle driving record (MVR) for the
period from the date of the application back to the date the documented
cumulative three-years of driving experience began, which:
(a) Contains no suspensions, cancellations, or revocations of your
driver's license for the operation (moving violations) of any motor
vehicle (including your personal vehicle);
(b) Contains no involvement in an accident, as defined in 49 CFR
390.5, for which you received a citation and were subsequently
convicted for a moving traffic violation while operating a CMV;
(c) Contains no convictions for a disqualifying offense, as defined
in 49 CFR 383.51(b)(2), or more than one serious traffic violation, as
defined in 49 CFR 383.5, while driving a CMV which disqualified, or
should have disqualified, you in accordance with the driver
disqualification provisions of 49 CFR 383.51; and
(d) Contains no more than two convictions for any other moving
traffic violations in a CMV; (You must submit an MVR from each State in
which you were licensed during that cumulative three-year period);
Note: The driving record must be furnished by an official State
agency, on its letterhead, bear the State seal, or official stamp
and be signed by an authorized State official. No other
documentation will be accepted. If the MVR shows either convictions
for moving violations or accident involvement but does not indicate
the type of vehicle operated or the number of miles above the posted
speed limit, additional official documentation must be provided by
you (e.g., a copy of the citation or accident report, or copies of
court records).
Special Note: Any waiver applicant who is arrested or cited for,
or convicted of, any disqualifying offense or other moving violation
during the period of time the application is pending must
immediately report such arrests, citations, or convictions to the
Vision Waiver Program, 400 Seventh Street, SW., Washington, DC
20590. Failure to do so may result in a denial or rescission of the
waiver. No waiver will be issued while any charge against an
applicant, for what would be a disqualifying offense, is still
pending. Convictions occurring during the processing of the
application will be considered in the overall driving record.
(4) That you have been examined by an ophthalmologist or an
optometrist after the FHWA reaches its decision on the reopening of the
vision waivers program, and a notice of final disposition announcing
such decision has appeared in the Federal Register; and that
ophthalmologist or optometrist, in writing, has:
(a) Identified and defined the visual deficiency;
(b) Certified that the visual deficiency has not worsened since the
last vision examination required by your State's driver licensing
agency;
(c) Certified that your visual acuity is at least 20/40 (Snellen),
corrected or uncorrected, in the better eye; and
(d) Certified that in his/her professional opinion, you are able to
perform the driving tasks required to operate a commercial motor
vehicle.
Note: Do not submit other medical records, bills, etc.
Conditions for Retaining A Vision Waiver Once Issued
There would be special requirements attached to any waiver issued
to a vision-impaired driver. These requirements would be imposed to
ensure that the FHWA receives the data needed to complete the research
effort. The reporting requirements, a six month verification of every
waived driver's MVR, and the CDL standards applicable to waived drivers
will ensure that unsafe, vision-impaired drivers are removed from
operation in the same manner as other unsafe drivers. Waived drivers
will not be afforded any additional privileges that would allow them to
operate differently from other CMV drivers in interstate commerce. Each
driver would be required to:
(a) Report, in writing, any citation for a moving violation
involving the operation of a CMV to the Vision Waiver Program within 15
days following issuance (a photostatic copy of the citation issued must
accompany the written report);
(b) Report, in writing, the judicial or administrative disposition
of any citation for a moving violation involving the operation of a CMV
to the Vision Waiver Program within 15 days following the notice of
disposition;
(c) Report, in writing, any accident involvement whatsoever while
operating a CMV to the Vision Waiver Program within 15 days following
the accident (include State, insurance company, and/or motor carrier
accident reports);
(d) Report, in writing, any change of residential address or
telephone number to the Vision Waiver Program within 15 days after such
a change;
(e) Report, in writing, any change of employer, (include name,
address, and telephone number of new employer), or type of vehicle
operated to the Vision Waiver Program within 15 days after such a
change.
(f) Submit documentation of an annual examination by an
ophthalmologist or an optometrist to the FHWA at least 15 days before
each anniversary of the waiver issuance date, that you have been
reexamined within the past 6 weeks. The documentation must contain the
medical specialist's certification that the individual is still
eligible under the waiver's vision criteria and the vision deficiency
has not worsened since the last vision examination required by the
waiver; and
(g) Report to the Vision Waiver Program, by the 15th calendar day
of each month (not including the month in which the waiver becomes
effective), the following information:
(1) The number of interstate/intrastate miles you drove a
commercial motor vehicle (CMV) during the preceding month. For example,
if you drove 3,000 miles for the preceding month (July), you must
report that information by the 15th day of the next month (August);
(2) The number of daylight hours and the number of nighttime hours
you drove a CMV during the preceding month. For example, if you drove
170 daylight hours and 50 nighttime hours during the preceding month
(July), you must report that information by the 15th day of the next
month (August); and
(3) The number of days you did not drive a CMV during the preceding
month. For example, if you did not drive a CMV a total of 9 days during
the preceding month (July), you must report that information by the
15th day of the next month (August).
Note: The monthly report should be mailed within the first few
days of each month in order to ensure that the report will be
received at the office of the Vision Waiver Program by the 15th day
of each month.
If the answer to one or all of the above questions is 0, then state
``0'' or ``none'', do not leave any question unanswered or it will be
considered ``Failure to report,'' and your waiver is in jeopardy. All
documentation described in items (a) through (g) above, must be mailed
to the Vision Waiver Program, 400 Seventh Street, SW., Washington, DC
20590. Failure to submit reports within the time periods described
above may be cause for revocation of the waiver.
(49 U.S.C. 31136 and 31502; 49 CFR 1.48).
Issued on: September 30, 1994.
Rodney E. Slater,
Federal Highway Administrator.
[FR Doc. 94-24802 Filed 10-5-94; 8:45 am]
BILLING CODE 4910-22-P
