SECTION 595:11-3-5. Vision

(a)   Visual examination. The vision standards set forth in this section and OAC 595:10-5-7 are not intended to supersede any other:

(1)   state standard or rule for operators of school buses [see OAC 210:30-5 regarding school bus operator rules], or

(2)   federal law or regulation.

(b)   Vision screening. The eyesight of an applicant shall be screened by a driver examiner by means of a vision screener or by the use of a Snellen Chart and shall meet the requirements set out in OAC 595:10-5-7 or 49 C.F.R., Section 391.41, whichever is applicable.

(c)   Visual acuity and field of vision - Commercial driver license applicants who are exempt from the 49 C. F.R., § 391.41(b)(10).

(1)   An applicant, who is exempt from 49 C.F.R., § 391.41(b)(10), may be considered for a commercial driver license, if the applicant meets the vision standards established in:

(A)   OAC 595:10-5-7(a)(1)(C), and

(B)   OAC 595:10-5-7(b)(2).

(2)   An applicant who fails to meet the vision standards in (1) of this subsection shall be given by the driver examiner an "Additional Visual Screening Report" (Form DL-20) to be taken for completion to a vision specialist of the applicant's choice to determine if the applicant's vision can be corrected to meet the standards in (1) of this subsection. The applicant shall return the completed Form DL-20 to a driver examiner after visiting the vision specialist. The visual acuity and field of vision readings of the vision specialist shall be the readings accepted by the Department. Any recommendations by the vision specialist regarding the driving ability or limitations of the applicant shall be followed by Department.

(3)   If the vision specialist:

(A)   is able to correct vision to meet the standards of (1) of this subsection, the applicant may be further considered by the Department for a commercial driver license, or

(B)   is unable to correct vision to meet the standards of (1) of this subsection, the applicant will be denied a commercial driver license. The applicant may appeal the denial pursuant to OAC 595:10-5-18.

(d)   Visual acuity and field of vision - Commercial driver license applicants who are not exempt from the 49 C. F.R., § 391.41(b)(10).

(1)   An applicant, who is not exempt from 49 C.F.R., § 391.41(b)(10), may be considered for a commercial driver license, if the applicant meets the standards established in 49 C.F.R., § 391.41(b)(10).

(2)   An applicant who fails to meet the vision standards in (1) of this subsection shall be given by the driver examiner an "Additional Visual Screening Report" (Form DL-20) to be taken for completion to a vision specialist of the applicant's choice to determine if the applicant's vision can be corrected to meet the standards in (1) of this subsection. The applicant shall return the completed Form DL-20 to a driver examiner after visiting the vision specialist. The visual acuity and field of vision readings of the vision specialist shall be the readings accepted by the Department. Any recommendations by the vision specialist regarding the driving ability or limitations of the applicant shall be followed by Department.

(3)   If the vision specialist:

(A)   is able to correct vision to meet the standards of (1) of this subsection, the applicant may be further considered by the Department for a commercial driver license, or

(B)   is unable to correct vision to meet the standards of (1), the applicant shall be referred:

(i)   for an interstate Class A, B, or C commercial driver license, to the Federal Motor Carrier Safety Administration, Oklahoma Division Office, 300 N. Meridian, Suite 106 North, Oklahoma City, OK 73107, [phone], or

(ii)   for an intrastate Class A, B, or C commercial driver license, if the applicant has been continuously operating as a commercial motor vehicle driver with the proper type of commercial driver license prior to and since June 12, 1989, to the Medical Desk, Department of Public, P.O. Box 11415, Oklahoma City, OK 73136-0415, [phone].

(4)   The decision of the Federal Motor Carrier Safety Administration shall be the final determination as to whether the applicant may be further considered by the Department for an interstate Class A, B, or C commercial driver license.

(A)   If the Administration authorizes the applicant for further consideration, the applicant shall provide to the Department the waiver issued by the Administration to the applicant. The Department shall follow any recommendations included in the waiver as to driving limitations deemed necessary for the condition of the applicant.

(B)   If the Administration does not authorize the applicant for further consideration, the applicant may contact the Medical Desk of the Department, as provided in (3)(B)(ii) of this subsection, for consideration for a waiver for an intrastate Class A, B, or C commercial driver license, if the applicant has been continuously operating as a commercial motor vehicle driver with the proper type of commercial driver license prior to and since June 12, 1989.

(5)   The Medical Desk of the Department shall make the final determination as to whether the applicant may be further considered by the Department for an intrastate Class A, B, or C commercial driver license.

(A)   If the Medical Desk authorizes the applicant for further consideration, the Desk shall issue an authority letter to the applicant which shall include any recommendations to the Driver License Examining Division as to driving limitations deemed necessary for the condition of the applicant.

(B)   If the Medical Desk does not authorize the applicant for further consideration, the Desk shall issue a letter to the applicant stating that authority is being denied. The applicant may appeal the denial pursuant to OAC 595:10-5-18.

(e)   Restrictions. The Department may impose restrictions on those applicants under (c) and (d) of this section whose visual acuity does not meet standards established in OAC 595:10-5-7, restricting the operation of a motor vehicle to specified area, time of day, streets and highways, speed limits and any other restriction deemed necessary by the Department for the safe operation of a motor vehicle Such restrictions shall apply if the applicant is licensed by the Department to operate a motor vehicle.

[Source: Added at 26 Ok Reg 2749, eff 7-25-09]