Vision Waiver Program Drives On

The federal government’s vision waiver program is proceeding as usual, despite a June ruling by the U.S. Supreme Court that the waivers do not mean a trucker is "qualified" to drive a commercial vehicle.

In a July 26 notice, the Federal Highway Administration said it plans to grant 33 more driver applications for vision waivers. The program allows people who don’t meet the federal vision standard of 20/40 vision in both eyes to qualify as commercial vehicle drivers, on the assumption that past driving experience provides an accurate picture of whether they are safe drivers.

On June 22 the Supreme Court unanimously held that Albertson’s Inc., a grocery store chain, was within its rights to hold truck driver Hallie Kirkingburg to FHWA vision standards and fire him, even though he later obtained a vision waiver.

The high court’s decision is widely viewed as a victory for businesses, which are leery of hiring workers they fear make the company vulnerable to liability lawsuits.

Kirkingburg, who is nearly blind in one eye, sued Albertson’s for discrimination under the Americans With Disabilities Act, and an appeals court ruled in his favor, claiming the company fired him because of his disability.

But Justice David Souter, writing for the unanimous court, said, "The waiver program was simply an experiment with safety." It was not intended to supersede the FHWA’s vision standards, he said.

2204