23.3.119    VISION STANDARDS

(1) If the applicant's uncorrected vision is 20/40 or better in each eye or both eyes together, and no medical problems affect the vision, the applicant may receive a driver's license without corrective lens restrictions.

(2) If the applicant's uncorrected vision is worse than 20/40 in both eyes together and the vision can be improved, the applicant may receive a driver license with corrective lens restrictions.

(3) If the applicant's best corrected vision in both eyes together is worse than 20/40 but 20/70 or better, the applicant may receive a driver license that restricts him to driving during daylight hours only, 55 miles per hour on the interstate and 45 miles per hour otherwise, and/or forbids him from driving during inclement weather. The applicant may also be required to pass the driving portion of the examination at renewal.

(4) If the applicant's best corrected vision in both eyes together is worse than 20/70 but is 20/100 or better, an unrestricted driver license will be denied but the applicant may request that a restricted license be issued.

(a) If a restricted license is requested, a special evaluation will be conducted by the district supervisor or chief examiner to determine whether need for the license exists.

(i) The factors considered when determining whether or not need for a license exists include but are not limited to:

(A) other transportation available, including other drivers;

(B) proximity to services;

(C) employment requirements;

(D) family needs;

(E) medical transportation needs.

(b) If need cannot be established the license will be denied.

(c) If need for a driver license is established, additional factors will be considered to determine whether the need can be satisfied safely by issuance of a restricted license. Such factors include but are not limited to:

(i) population and traffic density;

(ii) geographic area;

(iii) type of driving that would be required of the applicant;

(iv) the applicant's past driving experience, if any.

(d) A driving test will be given to the applicant over the routes necessary to satisfy the need. Upon demonstration by the applicant of satisfactory driving ability under the existing conditions, a restricted license may be recommended to the driver improvement committee. Restrictions may include but are not limited to:

(i) time of day;

(ii) type of vehicle;

(iii) area;

(iv) routes;

(v) speed limits;

(vi) weather conditions.

(e) The applicant may also be required to pass the

driving portion of the examination at renewal.

(5) If the applicant's best corrected vision is worse than 20/100, the applicant must be denied a driver license of any type.

(6) If the applicant's vision in one eye is worse than 20/40 and the other eye qualifies, the applicant's license must have a "LEFT OUTSIDE MIRROR" restriction if he or she does not wish to have the poorer eye corrected. If the applicant's best corrected vision in either eye is worse than 20/500 and the other eye qualifies, the applicant's license must have a "LEFT OUTSIDE MIRROR" restriction.

(7) If a report from an eye specialist indicates any special visual problems, such as a problem resulting from a medical condition, the applicant's license may have a restriction requiring submission of reports by an eye specialist on a schedule appropriate to the condition.

(8) If a report from an eye specialist indicates difficulty seeing at night, the applicant's license must be restricted to daylight hours only.

(9) If the applicant is color blind, inform him so he may take precautions whenever he drives where signal lights are located.   Do not fail him because of color blindness.

History: Sec. 44-1-103, 61-5-125 MCA; IMP, Sec. 61-5-110, 61-5-111, 61-5-113 MCA; Eff. 12/31/72; AMD, Eff 12/5/76; AMD, 1983 MAR p. 853, Eff. 7/15/83; AMD, 1988 MAR p. 503, Eff. 3/11/88.