Qualification Of Drivers; Vision Deficiencies; Waivers

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