You Can See Clearly Now! Next Step? Get Your Credentials Squared

By Tom Bray, Sr., Industry Business Advisor, J. J. Keller and Associates Inc.

One professional commercial motor vehicle (CMV) driver has had enough of fighting with glasses and contacts for years on end, so she decides to have corrective eye surgery.

The surgery is a huge success, and the driver no longer needs corrective lenses. Her day-to-day life improves vastly. She can see in the morning as soon as she opens her eyes. Her vision is sharper. Her eyes are less tired.

Three months later, the driver goes through a roadside inspection. The officer sees on the commercial driver’s license (CDL) and motor vehicle report (MVR) and/or medical card that the driver has a restriction requiring corrective lenses. Because the driver is not wearing corrective lenses, she is cited and placed out of service. The specific violation will depend on the details of the situation.

• §391.11(b)(5)/§ for non-CDL or 383.23(a)(2) for CDL for not using corrective lenses when required on the license, and/or

• §391.11(b)(4) for operating a CMV without corrective lenses when required on the driver’s medical card/medical qualifications.

Was the officer wrong for writing the violation(s) and placing the driver out of service? No. The officer must go with the credentials the driver presents and what the MVR says. The driver saying that corrective lenses are no longer required because she had eye surgery does not overcome the evidence to the contrary.

So, how can this situation be prevented?

Once corrective eye surgery is successful, the driver should contact the medical examiner who issued the last medical examination certificate (MEC or med card) and inquire about

having a new one issued. This may require a new medical exam. Once this is done, the driver should receive a new card, and the “wearing corrective lenses” box should no longer be checked (see §391.45).

The driver then needs to go to the state driver licensing agency (SDLA) and take a vision test, providing the agency with a copy of the new medical card. If the driver passes the vision test, the corrective lenses restriction will be removed from the driver’s license. During the visit, the driver should verify with the SDLA that the restriction has been removed and that it has been removed on the physical paperwork (check and double-check).

Once this is completed, the driver should have no vision-related issues during a roadside inspection. Go forth and enjoy the benefits of your corrected vision.