by: Larry Earl, MD
The new Alternative Vision Standard has been published by FMCSA in order to permit an individual who does not satisfy, with the worse eye, either the existing distant visual acuity standard with corrective lenses the field of vision standard, or both.
If a driver is to be qualified under the Alternative Standard for the first time, they must complete a road test administered by the employing motor carrier.
This eliminates the Federal vision exemption program as well as the grandfather provision in 49 CFR 391.64, the, previously administered vision waiver study program.
This new standard is comparable to the regulatory framework for the ITDM rule: 391.46 for individuals with insulin-treated diabetes mellitus and continues on the theme of a collaborative approach to medical certification between the Medical Examiner and the Medical Specialist.
The rule was effective as of March 22, 2022.
Process
The driver first has a vision evaluation conducted by an Ophthalmologist or Optometrist, filling out the Vision Evaluation Report, Form MCSA-5871
https://downloads.regulations.gov/FMCSA-2019-0049-0135/attachment_1.pdf
Then, an ME performs a physical qualification examination, within 45 Days Max from the Ophthalmology exam & reports, and determines whether the individual meets the alternative vision standard.
If the driver is evaluated by an ME first and subsequently referred to a vision specialist, they will have to return to the ME again. The examiner makes the determination based on independent medical judgment and adherence to these 4 standards:
- Have, in the better eye, distant visual acuity of at least 20/40 (Snellen), with or without corrective lenses, and a field of vision of at least 70 degrees in the horizontal meridian.
- Be able to recognize the colors of traffic signals and devices showing standard red, green, and amber.
- Have a stable vision deficiency.
- Sufficient time passed since the vision deficiency became stable to adapt to and compensate for the change in vision. Once qualified under this standard, the ME will issue a Medical Examiner’s Certificate (MEC), Form MCSA-5876, for a maximum of 12 months.
Drivers qualified under the Alternative Vision Standard for the first time must undergo a road test before operating in interstate commerce by the employing motor carrier. A driver may be excepted from the road test requirement if they have 3 years of intrastate or specific excepted interstate CMV driving experience with the vision deficiency, a valid Federal vision exemption, or have been in the Vision Waiver Study Program in § 391.64(b).
Drivers are required to satisfy the existing vision standard when they are able to do so with the use of corrective lenses is less burdensome than incurring the additional expense of annual eye evaluations and physical qualification examinations.
Shift Responsibility
As with the insulin-treated diabetes rule, responsibility for the alternative vision standard is shifted from the FMCSA exemption process to certified MEs to determine the individual’s physical qualification to operate a CMV.
Current Vision Exemption Program
There are approximately 1,800 individuals currently physically qualified under the grandfather provisions in §391.64(b) who will have 1 year after the effective date of this rule to comply, at which time all MECs, Form MCSA-5876, issued under §391.64(b) become void. 1,967 current vision exemption holders will likewise have 1 year after the effective date of this rule to comply with the Alternative Vision Standard, when all exemptions issued under 49 U.S.C. 31315(b) become void, and they will no longer have to apply for an exemption.
Costs & Benefits
FMCSA estimates a cost savings of approximately $1.6 million annually by eliminating the need for the federal vision exemption program, and this includes the additional annual impact of approximately $44,000 for the road test. Previously qualified interstate CMV drivers who no longer satisfy the requirements are able to return sooner than 3 years. Additional benefits include reduced barriers to entry for new drivers, increasing employment opportunities, and relieving the time and paperwork burden associated with applying for or renewing an exemption. The agency does not expect negative impacts on safety.
