Accordingly, FMCSA inserts the question about progressive eye conditions before the medical opinions. Comments on MRB Task 21-1 Report: Comments on Restricting Eligibility to Use the Alternative Vision Standard by Vehicle Type: FMCSA adds space to enter additional comments and instructions to attach additional pages as needed as a new question 14. If the driver successfully passes the road test, the motor carrier completes a certificate of driver's road test in substantially the form prescribed in 391.31(f) (49 CFR 391.31(e)) and gives the driver a copy (49 CFR 391.31(g)). The MRB recommended that the field of vision requirement be changed from 70 degrees to 120 degrees for the alternative vision standard. This final rule impacts an existing information collection request (ICR) titled Medical Qualification Requirements (OMB control number 2126-0006), and a new ICR titled 391.31 Road Test Requirement (OMB control number 2126-0072). Accordingly, at least annual physical qualification examinations are appropriate for individuals designated as legally blind in one eye. According to ACOEM and Concentra, the drivers in these programs were a carefully selected (subject to very specific criteria that included 3 years of driving experience and a good driving record), highly motivated, and closely vetted and monitored group. Regardless of how an individual begins the certification process, an individual being evaluated under the alternative vision standard must have an eye evaluation by an ophthalmologist or optometrist to be medically certified. the material on FederalRegister.gov is accurately displayed, consistent with These commenters included a board-certified retina surgeon and ophthalmologist, two MEs, CMV drivers with either Federal vision exemptions or State vision waivers, former drivers who no longer satisfy the vision standard, individuals who have not had the opportunity to drive a CMV because of their vision, the Owner-Operator Independent Drivers Association (OOIDA), and individuals who viewed the rule as reducing discrimination. Revision of a currently approved information collection. The second recommendation was to expand the medical opinion for question 12, regarding sufficient time to adapt and compensate for the change in vision, to require that the individual can drive a CMV safely with the vision condition. Hassan police conduct drive against traffic rule violators to the courts under 44 U.S.C. The provisions of 49 CFR 391.41(b)(10) do not apply to drivers who were in good standing on March 31, 1996 in a vision waiver study program; provided, they meet certain conditions (49 CFR 391.64(b)). The intrastate driving experience criterion has the limitation that some States do not have waiver programs through which drivers can obtain the driving experience necessary to meet the criteria of the Federal vision exemption program. ATA repeated its prior comments that the data on which the rule is based is insufficient. The authority citation for part 391 continues to read as follows: Authority: A commenter stated that FMCSA needs to seek comment from eye specialists and professional associations regarding field of vision criteria, which is not supposed to be 70 degrees as stated in the existing vision standard. 477. 29, 1996), 5 U.S.C. However, one of the commenters stated that a single driving test may be too lenient to evaluate the full scope of driving capabilities. North Dakota State University. Those factors are discussed in the Regulatory Analyses section of this rule. Question 10 relating to progressive eye conditions, which was question 13 in the draft report, follows the questions regarding monocular vision to consolidate the medical information on the report. Generally, driver qualification files must be maintained at the motor carrier's principal place of business. Amend 391.64 by revising paragraph (b) introductory text and adding paragraph (b)(4) to read as follows: (b) Until March 22, 2022, the provisions of 391.41(b)(10) do not apply to a driver who was a participant in good standing on March 31, 1996, in a waiver study program concerning the operation of commercial motor vehicles by drivers with visual impairment in one eye; It was viewed 63 times while on Public Inspection. 49 U.S.C. This would permit a driver who chooses not to obtain corrective lenses to use the proposed standard if the driver's vision in the better eye meets the existing vision standard. 31133(a)(8) to prescribe recordkeeping and reporting requirements. Finally, the Agency removes the following quoted language that provides the ME is knowledgeable about whether a particular condition would interfere with the driver's ability to operate a CMV safely. In its place, FMCSA inserts the driver's physical condition is adequate to enable the driver to operate the vehicle safely. The inserted language aligns with the requirements in 49 U.S.C. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. To start a stick shift, first press the clutch all the way to the floor board with your left foot. What are the basic driving rules? | PuedoManejar.com A. Motor carriers must ensure each driver has the skill to operate a CMV safely. Start Printed Page 3398 If the final rule will affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance; please consult the person listed under As also noted above, the road test, contrary to commenters' assertions, does require the use of the specific type of vehicle that will be assigned to the individual to operate (see 49 CFR 391.31(c)). Start Printed Page 3399 Right of way at marked and unmarked intersections under various conditions. As for ACOEM's concerns about the number of road tests increasing significantly, FMCSA does not find this will be the case. Rather than continuing the criterion, FMCSA proposed for the alternative vision standard that an individual is not physically qualified to operate a CMV if there has not been sufficient time to allow the individual to adapt to and compensate for the change in vision. FMCSA did not propose a minimum period for the time to adapt to and compensate for the change in vision. (1) regarding the minimum qualifications for individuals who drive CMVs, and in paragraph 6.z. The commenter continued that maybe there should be specialized training for individuals seeking certification under the alternative vision standard. 1748, 1767; sec. FMCSA does not anticipate that drivers will be coerced to operate a vehicle because of this rule (section 31136(a)(5)). [17] One measure that could be used to illustrate a significant impact is revenue costs, 21. FMCSA changes the regulatory text and definition of monocular vision on the Vision Evaluation Report, Form MCSA-5871, accordingly. The commenter stated that FMCSA would have no way to be aware of drivers who doctor shop. An individual who does not satisfy, with the worse eye, either the distant visual acuity standard with corrective lenses or the field of vision standard, or both, in 391.41(b)(10)(i) is physically qualified to operate a commercial motor vehicle in interstate commerce provided: (1) The individual meets the other physical qualification standards in 391.41 or has an exemption or skill performance evaluation certificate, if required; and. . When must a driver take a 30-minute break? | FMCSA If any potentially disqualifying information is identified, FMCSA will request a copy of the violation or crash report from the driver. https://www.regulations.gov/document/FMCSA-2019-0049-0117. Accordingly, the Agency finds there is no available evidence to support holding individuals physically qualified under the alternative vision standard to a higher standard merely because of the type of CMV they operate. 2, Pub. The findings of the Analysis Brief represent a limited period and are subject to several limitations. MEs have proven experience making medical certification determinations. Dr. Morris, a board-certified retina surgeon and ophthalmologist, encouraged FMCSA, without any reservation, to adopt the alternative vision standard as proposed. While some of the individuals will already be required to obtain a road test under 391.31, in the absence of the requirement in 391.44(d), FMCSA lacks internal data to estimate how many individuals will already be required to obtain a road test. In contrast, one commenter stated no doctor is going to sign off on a driver if the doctor knows a driver cannot drive in a safe manner. The road test will be conducted by motor carriers in accordance with the road test already required by 391.31. Specifically, the Agency adds the limitation in 391.41(b)(10)(ii) that a person is physically qualified to operate a CMV who meets the requirements in 391.44, if the person does not satisfy, with the worse eye, either the distant visual acuity standard with corrective lenses or the field of vision standard, or both, in paragraph (b)(10)(i) of this section.. FMCSA has determined that MEs are qualified to perform their role in this collaborative medical certification process and to perform physical qualification examinations on all individuals, including those with vision deficiencies. These individuals have already demonstrated they can operate a CMV safely with the vision deficiency. Finally, FMCSA makes minor style changes to conform punctuation and formatting throughout the report. All in all, the road test for individuals qualified under the alternative vision standard is one part of a comprehensive regulatory approach to ensure safe operations of a CMV. Since the inception of the vision exemption program, the predominant reason for denial of an exemption is less than 3 years of experience operating with the vision deficiency. Public Law 104-121, 110 Stat. 2,604. In Chile, you can drive to three different types of places with different kinds of speed limits. It is not an official legal edition of the Federal Moreover, the Agency must exercise caution when interpreting the data because of the different definitions of `monocular vision' in the literature (86 FR 2356). may be preferred for complicated cases.. The commenter asked if there could be direct numbers or procedures assigned to the driver's eye evaluation to prevent that from happening. When following a vehicle, pick an overhead road sign . 50 degrees nasally and 90 degrees temporally for a total of 140 degrees. 13132 if it has substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. FMCSA has determined that this rule does not have substantial direct costs on or for States, nor will it limit the policymaking discretion of States. Missouri 20/40 using both eyes. In addition, motor carriers must copy and file the vision exemption in the driver qualification file. For the traffic code in the United States, each state has its own traffic code, although most of the rules of the road are similar for the purpose of uniformity, given that all states grant reciprocal driving privileges (and penalties) to each other's licensed drivers. Burden estimates: The NPRM served as the 60-day notice for the information collection revision and requested public comment on the draft Vision Evaluation Report, Form MCSA-5871, and information collection. However, FMCSA clarifies that the new standard will not have a substantial impact on the industry or the number of available drivers. Occupational Employment and Wages, May 2020, 13-1041 Compliance Officers. General requirements for driver qualification files. The rule includes safeguards to ensure that only individuals who have developed the skills to adapt to and compensate for the vision loss will be physically qualified. In particular, the crash information did not consider whether the CMV driver was at fault in any given crash. Use the PDF linked in the document sidebar for the official electronic format. ATA stated it strongly believes FMCSA must separate the process of evaluating an individual's skill level in operating specific CMV equipment and physical qualification status. ATA stated that separation would help ensure certified medical experts are the ones making medical certification determinations, and not motor carriers.. The individual has been physically qualified by the ME and FMCSA expects there will be no adverse impact on safety due to the individual's vision. Comments on the information collections in this final rule must be submitted to the Office of Information and Regulatory Affairs (OIRA) at the Office of Management and Budget (OMB) by February 22, 2022. [3] Accordingly, the data collected under the exemption program does not accurately indicate the level of safety that can be expected from all drivers qualified under the proposed alternative standard should the new standard remove these safeguards. ATA urged FMCSA to collect more data on the safety of drivers with a vision deficiency prior to adopting the alternative standard as introduced.. 8. The estimated incremental annual burden associated with the requirement in this rule that certain individuals physically qualified under 391.44 for the first time must complete a road test in accordance with 391.31 (IC-2), is as follows. FMCSA noted in the NPRM that when the criterion was selected in the 1990s the medical community indicated it can take several months to a full year to compensate for a vision impairment (86 FR 2356). developer tools pages. The commenter inferred that was because the wavier and control groups were monitored in some manner. the Agency conforms the language to the regulatory text and current vision exemption program. https://www.regulations.gov/comment/FMCSA-2019-0049-0087 Both ACOEM and Concentra commented that the proposed alternative vision standard would permit having one eye corrected to distant vision and the other corrected for near vision. Rather, as the MRB indicated, it expects the ME to appropriately rely on all the information provided by the ophthalmologist or optometrist to make the final determination of whether the individual meets the alternative vision standard and should be physically qualified. ATA stated that, regardless of age, years of experience consistently equates to lower rates of crashes, crash involvements, and moving violations, which are factors that were overlooked in the NPRM. Concentra noted pilots are required to have normal field of vision. The Agency has long considered 70 degrees in the horizontal meridian in each eye to be the sufficient minimum standard for field of vision. The final rule eliminates this entire burden. Type of Review: Before an individual may be medically certified under the alternative vision standard, the individual must have a vision evaluation conducted by an ophthalmologist or optometrist. With respect to the information collection burden, FMCSA adds requests on the report for a date and a couple of words to explain why a progressive eye condition is not stable and the rationale when a vision evaluation is needed more frequently than annually. Another commenter supported the alternative vision standard but emphasized that adequate depth perception is key to avoiding collisions. Start Printed Page 3410, In introductory paragraph (b), the Agency inserts the word licensed before optometrist for consistency and clarity. Observing and interpreting traffic signs (especially warning, priority or prohibitory traffic signs) Keeping to right side (or left side) except to pass others, where passing is allowed. OOIDA commented that the alternative vision standard ensures sufficient physical qualifications are met, but also establishes a more practical process that will help safe drivers continue to operate in the trucking industry.. The MRB recommended the Agency change the order of the requested information to be questions 1 through 9, 10, 12, 13, and then 11. MRB Task 21-1 Report: U.S. Road Rules | DMV.ORG 2809, 3268 (Dec. 8, 2004), 5 U.S.C. Compared to all interstate CMV drivers operating in the United States in 2019 (4 million, including 3.4 million who hold CDLs),[14] iOS: 31.6%. Estimated number of respondents: July 15-16, 2019. 3. Driving in Ireland: What You Need to Know - TripSavvy The experience with the programs has allowed FMCSA to evaluate the vision criteria used in the programs since 1992 and adopted in this rule in the context of actual CMV driving experience. Individuals are excepted from the road test requirement if they have 3 years of intrastate or specific excepted interstate CMV driving experience with the vision deficiency, hold a valid Federal vision exemption, or are medically certified under the previously administered vision waiver study program in 391.64(b). FMCSA proposed that an individual must have, in the better eye, field of vision of at least 70 degrees in the horizontal meridian to be physically qualified under the alternative vision standard. 55 in each eye or 85 using one eye. Comments on the Alternative Vision Standard Creates More Employment Opportunities: This rule does not have Tribal implications under E.O. (Ketron). Before today's rule, occupant protection standards were written for common, traditional vehicle features, including steering wheels and other manual controls. Available at Compared to all (interstate and intrastate) CMV drivers, 6.8 million, or CDL drivers, 4.9 million, the percentage is even lower. Sections 391.31 and 391.51 are based on the authority of the Motor Carrier Act of 1935[28] The alternative vision standard requires that the vision deficiency must be stable first, and then there must be time to adapt and compensate for the vision change. The MRB indicated the time varies by individual and stated it did not have data to establish a specific waiting period. The MRB further noted that question 12 sufficiently implies that time is needed to adapt and compensate for the change in vision, but appropriately relies on the ophthalmologist or optometrist conducting the vision evaluation to determine the appropriate period of time on a case-by-case basis. If so, they are to state how often a vision evaluation should be required. Specifically, the ophthalmologist or the optometrist performs a vision evaluation and completes the required Vision Evaluation Report, Form MCSA-5871, based on the clinical findings of the evaluation of the individual and knowledge of the individual's medical history. The rule allows individuals who have developed the skills to adapt to and compensate for the vision loss to demonstrate that they also have the skills to operate a CMV safely. Comments relating to the safety of drivers in the vision waiver study and https://www.fmcsa.dot.gov/medical-review-board-mrb-meeting-topics Finally, the MRB's 2021 recommendations supersede its 2019 recommendations. requires Federal agencies to consider the effects of the regulatory action on small business and other small entities and to minimize any significant economic impact. Dr. Morris has had similar experience with drivers with vision loss in one eye. Speed Regulations: Legal Speed Limits, Enforcement, Safety and Risks (1) The medical examiner must receive a completed Vision Evaluation Report, Form MCSA-5871, signed and dated by an ophthalmologist or optometrist for each required examination. A different commenter stated that, with all that is going on in the trucking industry, FMCSA should be focusing on other concerns, such as truck parking. Individuals Eligible for the Alternative Vision Standard, K. Meaning of The net effect of this rule on this ICR is a reduction in burden hours of 1,617 hours (619 hours related to the Vision Evaluation Report, Form MCSA-5871 2,236 hours related to the current vision exemption program = 1,617). Several commenters supported the alternative vision standard because the more individualized approach allows capable individuals to demonstrate their ability to operate a CMV safely.