OOSC, Part I, Item 3. Commercial Driver's License (CDL), c. Endorsements and Restrictions - Operating a CMV without Wearing Eyeglasses or Hearing Aid
| Entry Date | October 29, 2013 |
|---|---|
| Issue Number | 13-044-DRV |
| Name | Dennis Whitaker |
| Agency | Wheaton Bekins Van Lines, Inc. |
| Address | 8010 Castleton RoadIndianapolis, IN, 46033United StatesMap It (opens in a new tab) |
| Phone | 317-558-0389 |
| Fax | (317) 570-4632 |
| [email protected] | |
| Committee | Driver-Traffic Enforcement Committee |
| Status | Closed |
| Summary of Issue | CDL licensed drivers operating a commercial motor vehicle without wearing their eyeglasses or hearing aids are cited for violating FMCSR 383.23(a)(2) rather than the more appropriate FMCSR section 391.11(b)(4). In some cases drivers have been cited for both violations in the same inspection. This seems unreasonable and excessive as section 383.23(a)(2) discusses the requirement that a driver have a valid license issued in compliance with the requirements. This section does not discuss medical standards regarding vision or hearing. |
| Justification or Need | Affected drivers with a current valid driver's license are not operating in violation of the intent of section 383.23(a)(2) by simply removing their eyeglasses or hearing aids. A driver's license privileges should not be voided by simply removing their eyeglasses or hearing aids. We agree that they do not meet the physical standards set forth in section 391.11(b)(4). As an example, attached is an inspection from Alabama from 10/2012 indicating that the driver was cited for both violations for the same issue. |
| Request for Action | We respectfully request further clarification in the out-of-service criteria that violations regarding wearing corrective lenses or hearing aids be classified under section 391.11(b)(4) and not section 383.23(a)(2). |