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PA Bulletin, Doc. No. 04-961



Actions Taken by the Commission

[34 Pa.B. 2893]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, May 13, 2004, and announced the following:

Action Taken--Regulation Approved

   Department of Transportation #18-374: Physical and Mental Criteria, Including Vision Standards Relating to the Licensing of Drivers (amends 67 Pa. Code Chapter 83)


Public Meeting held
May 13, 2004

Commissioners Voting:  John R. McGinley, Jr., Esq., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq., by proxy

Department of Transportation--Physical and Mental Criteria, Including Vision Standards Relating to the Licensing of Drivers; Regulation No. 18-374

   On August 11, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Transportation (Department). This rulemaking amends 67 Pa. Code Chapter 83. The proposed regulation was published in the August 23, 2003, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 7, 2004. On April 16, 2004, the Department simultaneously tolled and resubmitted the final-form regulation to correct a drafting error.

   The regulation amends the criteria used by providers when conducting physical examinations of applicants for learners' permits and drivers' licenses. The amended criteria will also be used by providers to determine whether a person should be reported to the Department as having a disorder affecting the ability of the person to drive safely. The amended criteria reflect advances in the practice of medicine and medical research related to the ability of individuals with seizure disorders to drive safely and advances in opthomological research.

   We have determined this regulation is consistent with the statutory authority of the Department (75 Pa.C.S. §§ 1512, 1517, 1518 and 6103) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

   This regulation is approved.


[Pa.B. Doc. No. 04-961. Filed for public inspection May 28, 2004, 9:00 a.m.]

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