How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 38879
Experience:  Retired (mostly)
Type Your Employment Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

DOT Vision waiver. I am a courier for FEDEX, and have been

Resolved Question:

DOT Vision waiver. I am a courier for FEDEX, and have been for 13 years. I am also blind in my left eye and have been for my whole life. Last year I applied for a different job within the company and was denied because I could not pass a DOT physical(you must be able to see out of both eyes). It is a federal law that you must pass the physical in order to drive a vehicle over 16000 lbs gvw. I drove this vehicle for over five years, and only found out last year that I could not dive it anymore. In my lifetime I have never had an accident or been given a ticket. I applied for a DOT vision waiver, but was denied because I never had a DOT drivers license. This waiver is only given to people who have recently lost their vision. It is my opinion that someone who has been blind in one eye for their whole life is far more qualified for the the waiver, and should not be denied because of that disability. What are my options?
Submitted: 7 years ago.
Category: Employment Law
Expert:  socrateaser replied 7 years ago.

I believe that you can apply for a Skill Performance Evaluation Certificate, pursuant to 49 CFR 391.49.


Hope this helps.


Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.

Customer: replied 7 years ago.

This only applies to loss of limb or appendages not vision.

Expert:  socrateaser replied 7 years ago.

I recognize that you're in the thick of this issue, whereas I'm just interpreting the federal regulation on its face. However, I do not see anything in the actual text of the regulation that excepts a person's eye from the definition of "appendages" or "limbs."


So, have you actually attempted to obtain an SPE, and were denied?


If yes, then I'll try to find the appeals process for you.

socrateaser and 3 other Employment Law Specialists are ready to help you
Customer: replied 7 years ago.
I tried for the vision waiver and was denied. I will try and get a waiver with an SPE. thanks for your help.
Expert:  socrateaser replied 7 years ago.
You're welcome and good luck.