4501:1-1-20 Vision standards for driver license applicants.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Public Safety

Agency Name

 

Bureau of Motor Vehicles                                  David McCallister

Division                                                                  Contact

 

1970 W. Broad St.,Ste 531, PO Box 182081 Columbus OH 43218-2081

614 466-7014        614 752-6063

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

4501:1-1-20

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Vision standards for driver license applicants.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? Yes

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: R.C. 4501.02

5.  Statute(s) the rule, as filed, amplifies or implements: R.C. 4506.07, 4507.10, 4507.11, 4507.12, 4506.10

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

This filing is based on a five-year, R.C. 119.032 rule review of Ohio Administrative Code Chapter 4501:1-1.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

This rule provides vision examination requirements and standards for driver's,

motorcycle, motorized bicycle, commercial driver's and school bus driver's license applicants. It also provides related definitions. This proposed filing updates the authorizing statute listing and the implementing statute listing, adds missing language, corrects spelling, and clarifies the versions of the Code of Federal Regulations and Snellen vision acuities as recommended for driver licensing by the "American Optometric Association," the "American Association of Motor Vehicle Administrators," and the "American Medical Association" as incorporated by reference in the rule.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

R.C. 121.75 provides that provisions of R.C.121.71 to R.C.121.74 do not apply with regard to the incorporation by reference of federal regulations and texts of other materials including generally accepted industry standards that are available to persons who reasonably can be expected to be affected by the rule, so long as the reference consists of a citation that will be intelligible to the person who reasonably can be expected to be affected by the rule and that if the incorporated material reasonably can be expected to be subject to change, identifies, and specifies the date of the particular version that is incorporated. Ophthalmologists, optometrists and driver license administrators (professionals who reasonably can be expected to be affected by this rule) have access to the incorporated information regarding Snellen vision acuitites and commercial driver's license applicants (persons who reasonably can be expected to be affected by paragraphs (D), (F) and (G) of Rule 4501:1-1-20) will have studied applicable federal regulations. As addressed in proposed new Rule 4501:1-1-39, the applicable versions of all federal regulations and other texts incorporated by reference in Chapter 4501:1-1 of the Administrative Code are those in effect on the effective date of Rule 4501:1-1-39 of the Administrative Code. Therefore, under the provisions of R.C. 121.75, this information when incorporated by reference in Rule 4501:1-1-20, is excepted from the requirements of R.C. 121.71 to 121.74. Additionally, the books containing the Code of Federal Regulations are generally available at depository libraries and therefore people can access them there and also, in proposed new Rule

4501:1-1-39, we have additionally provided contact site information for those interested in accessing federal regulations.

Also, Ohio Revised Code Section 121.76 provides that the provisions of R.C.

121.71 to 121.75 do not apply to the incorporation by reference of a statute in the Ohio Revised Code or of a rule in the Ohio Administrative Code.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

R.C. 121.75 provides that provisions of R.C.121.71 to R.C.121.74 do not apply with regard to the incorporation by reference of federal regulations and texts of other materials including generally accepted industry standards that are available to persons who reasonably can be expected to be affected by the rule, so long as the reference consists of a citation that will be intelligible to the person who reasonably can be expected to be affected by the rule and that if the incorporated material reasonably can be expected to be subject to change, identifies, and specifies the date of the particular version that is incorporated. Ophthalmologists, optometrists and driver license administrators (professionals who reasonably can be expected to be affected by this rule) have access to the incorporated information regarding Snellen vision acuitites and commercial driver's license applicants (persons who reasonably can be expected to be affected by paragraphs (D), (F) and (G) of Rule 4501:1-1-20) will have studied applicable federal regulations. As addressed in proposed new Rule 4501:1-1-39, the applicable versions of all federal regulations and other texts incorporated by reference in Chapter 4501:1-1 of the Administrative Code are those in effect on the effective date of Rule 4501:1-1-39 of the Administrative Code. Therefore, under the provisions of R.C. 121.75, this information when incorporated by reference in Rule 4501:1-1-20, is excepted from the requirements of R.C. 121.71 to 121.74. Additionally, the books containing the Code of Federal Regulations are generally available at depository libraries and therefore people can access them there and also, in proposed new Rule

4501:1-1-39, we have additionally provided contact site information for those interested in accessing federal regulations.

Also, Ohio Revised Code Section 121.76 provides that the provisions of R.C.

121.71 to 121.75 do not apply to the incorporation by reference of a statute in the Ohio Revised Code or of a rule in the Ohio Administrative Code.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

This filing provides the correct number of a referenced rule.

12. 119.032 Rule Review Date: 1/11/2006

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures. 0

We do not anticipate that this rule filing will affect the agency budget.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

Not applicable

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

We do not expect this rule filing to increase the cost of compliance.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No