Transport i infrastruktura · 17.11.1994

Qualification of Drivers; Vision Deficiencies; Waivers

The FHWA announces its Final Determination which validates waivers issued to certain drivers of commercial motor vehicles (CMV) from the date of this notice until March 31, 1996. 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 2,399 as of November 5, 1994. 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. This notice also announces a basic change in the purpose for which data on the waived drivers are being collected and the intention of the FHWA to develop criteria for the imposition of additional conditions for maintaining the waivers and to improve monitoring of the performance of the waived drivers to identify and exclude those drivers who do not meet these conditions.