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socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 38879
Experience:  Retired (mostly)
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DOT Vision waiver. I am a courier for FEDEX, and have been

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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.

 

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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.