After some seven years of petitions and court battles, Ohio trucker Jerry Parker has his exemption from federal vision requirements –- but he’ll have to get a prosthetic device if he wants to drive interstate.

The story goes back to 1996 when Parker applied for a vision waiver under an old trial program that granted waivers to drivers with impaired vision in one eye, as long as they were otherwise medically qualified.
When government officials looked into the matter, they found that Parker’s left arm had been amputated at the shoulder. Since the mid-1980s, a federal Skill Performance Evaluation process has enabled drivers with limb impairments or amputations to get a commercial license if they can demonstrate that they can safely operate the vehicle they intend to drive. But they must be able to hold, clutch, clasp or seize the steering wheel firmly with each upper limb and must be able to turn switches and control other vehicle equipment while performing routine emergency driver operations. In many cases, that requires a prosthetic.
Parker is licensed to drive intrastate in Ohio, has been a truck driver since 1985, and at the time had logged more than 1.2 million accident-free miles. But he doesn’t use a prosthetic. He did submit to a road test conducted by a retired state trooper, but FMCSA says the individual was not certified to do an SPE evaluation and the road test was not administered according to federal regulations.
Parker’s vision exemption request was therefore denied. After a lengthy court battle, a U.S. Court of Appeals reversed the denial and ordered FMCSA to come up with a functional capacity that would evaluate his driving skills based on individual capabilities. The agency decided to consider each impairment separately.
In its recent ruling, FMCSA granted Parker’s vision exemption under a newer program that places considerable emphasis on experience and safety record. However, it said that he still doesn’t meet the federal medical standards or alternative standards for the loss of limb found in section 391.40 of the federal safety regulations.
FMCSA noted that he is still allowed to operate a commercial motor vehicle intrastate under Ohio rules. It also emphasized that, “we stand ready to immediately proceed with the SPE evaluation process” when Parker obtains a prosthesis and can demonstrate the adequate use of that device.
The decision, including background and discussion, was published in the Feb. 25 Federal Register, available at www.nara.gov/fedreg. Federal regulations can be found at www.fmcsa.dot.gov.